opcat inspections 2011–2014 29 the appropriateness of continuing to place persons deprived of their liberty in these premises. Women’s opportunities for association14 Women in remand prisons rarely have the opportunity to associate with other inmates as they are few in number or are in one of the smaller remand prisons. According to the Parliamentary Ombudsman, the Prison and Probation Service should actively try to make it possible for women to associate with other inmates. According to the principal rule in Chapter 2, Section 5, first paragraph of the Act on Detention, inmates on remand shall be given the opportunity to associate during the day with other inmates. Section 2 of the same chapter states that an inmate may not be placed so that he or she is together with inmates of the opposite sex. However, an inmate may be permitted to be together with inmates of the opposite sex if this is appropriate and the prisoners consent to it. As regards female inmates at smaller remand prisons, there are generally two options available. Either the remand prison has its female inmates separated or offers them the opportunity to associate with male inmates. In the Parliamentary Ombudsmen’s view, the latter option is preferable. Prisons The European prison rules The situation of inmates in Visby Prison15 The recommendation on the European Prison Rules was adopted by the Committee of Ministers of the Council of Europe on 11 January 2006, Rec(2006)2. Most prisons have more than 30 places. An inspection of Visby Prison, which is Sweden’s smallest prison with only five places, revealed that there are limited opportunities for occupation in the relatively small prison premises and that the prison itself questions the suitability of inmates being placed there for periods longer than one year. The inmate’s need of occupation, care and appropriate release planning shall be taken into account to the extent possible when deciding on placement.16 Following the inspection of Visby Prison, the Parliamentary Ombudsman stressed that it is important that the Prison and Probation Service make a careful assessment of an inmate’s needs and of whether the placement might in itself have negative consequences for the inmate when deciding where to place them. This is particularly important for placements at Visby Prison as it is not possible to separate the inmates by category. According to the Parliamentary Ombudsman, it is also important that the prison expands the range of activities offered to inmates, not least the opportunities for meaningful organised occupation. 14 Ref. no. 5261-2013, ref. no. 1770-2014 15 Ref. no. 2768-2013 16 Chapter 2, Section 1, second paragraph of the Act on Imprisonment The European Prison Rules contain basic principles, including the principle that all persons deprived of their liberty are to be treated in a way that respects their human rights. Link to the Council of Europe www.coe.int

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