opcat inspections and follow-up ombudsman decisions
There is a significant difference between the two orders, and the result of
the latter means that there was no basis for a deprivation of liberty after the
judgement became final on 24 March 2014. Despite this, N.N. was deprived of
their liberty for a further nine days (until 2 April) when the police decided to
take him into custody.
The Chief Parliamentary Ombudsman stated that it is extremely rare for a
court to change the wording in the manner that had taken place. As the more
precise reasons for the change were not known, the Chief Parliamentary
Ombudsman found that the significant change would have been noticed if the
responsible official at the remand prison had acted in accordance with applicable procedures. The Chief Parliamentary Ombudsman found no reason to
believe that it was anything other than a mistake that was behind the incident.
However, this mistake did result in a person being deprived of their liberty
without legal grounds. This is unacceptable, and the remand prison was seriously criticised for the incident.
Initiative on the possibility for inmates on remand to look at their surroundings
through the windows of residential rooms, etc. ref. no. 7173-2014, decision of 16
November 2015
The decision found that the possibility for inmates in remand prisons or
prisons to see out the window of their living quarters and get an idea of the
surroundings may contribute to a stay in a remand prison or prison being
perceived as less stressful, and thus counteract the negative consequences
of a deprivation of liberty. For that reason it should, according to the Chief
Parliamentary Ombudsman, be described as a fundamental right of inmates
to be placed in living quarters where the window enables normal daylight
for the season to enter the space, and for the inmates to be able to view the
surroundings. It should also be considered a fundamental right for inmates to
independently control the amount of daylight entering their living quarters.
In the same way, this also relates to the inmates’ opportunity to view their
surroundings from an exercise yard.
These rights may be restricted if the Prison and Probation Service finds that
this is necessary in the individual case for reasons of order and security. If an
inmate is obliged to stay in an environment where these rights are restricted,
the Prison and Probation Service must take action to reduce the negative
impact of the restrictions and ensure that their stay in such environments is
as short as possible.
In the decision, the Chief Parliamentary Ombudsman also provides an opinion on the actions that individual remand prisons have taken in the attempt
to prevent inmates from conducting unwanted communication through the
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