the parliamentary ombudsmen’s opcat activities
17
• conduct a meaningful dialogue with the persons deprived of their liberty
and with representatives of the authorities at both the local and central
levels,
• monitor the working conditions of staff who work in the different facilities
and obtain knowledge about how their working practices affect the situation of the persons deprived of their liberty.
Selection of inspection objects
OPCAT activities are planned on a six-month basis. The focus of the plan for
the years 2011–2014 was to inspect places other than those the ombudsmen
had recently inspected in their traditional activities, that the inspections
would be conducted at places all over Sweden and that remand prisons and
police detention facilities would be prioritised. The reasons for prioritising
remand prisons and police detention facilities was that their inmates are often
in a vulnerable situation and have a very limited contact with the outside
world.
Inspection objects have also been chosen on the basis of a need to further
examine certain questions raised in the ombudsmen’s complaints cases. Reports in the media have also led to the ombudsmen visiting certain places.
When planning inspections, it is also important to continuously monitor the
work of other supervisory bodies.
Working method
The elements and the procedure involved in an OPCAT inspection are the
same regardless of the type of institution concerned. This contributes to the
quality, comparability and credibility of both the performance and reporting
of activities. Conversations with persons deprived of their liberty are prioritised and are conducted in the form of interviews. The information that is
obtained during an inspection includes staffing and treatment, material conditions, opportunities for contact with the outside world, information about
rights, coercive measures and opportunities to spend time outdoors.
Inspections are both announced and unannounced. Just over one third of the
ombudsmen’s inspections in the period 2011–2014 were unannounced. One
lesson learned is that inspections that are announced can often be implemented effectively.
In order to increase the credibility and effectiveness of inspection activities,
there should be a greater number of unannounced inspections.4 Such inspections paint a more realistic picture of the inspection objects and any problems. According to the European Committee for the Prevention of Torture
4 See JO 2013/14 p. 36.
Other supervisory bodies
The Swedish Health and Social
Care Inspectorate’s (IVO) remit
includes the supervision of social
services, which means that it
can inspect LVU homes and
LVM homes. The purpose of this
supervision is one of inspection, prevention and promotion.
IVO’s supervision also focuses
on patient safety pursuant to
healthcare legislation. IVO supervises the healthcare provided at
institutions run by the Swedish
Prison and Probation Service and
SiS. The Swedish Schools Inspectorate, which supervises schools,
scrutinises the educational activities provided by the Swedish
Prison and Probation Service and
LVU homes.
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