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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