54
other ombudsman decisions of importance to the rights
of persons deprived of their liberty
sible. Against this background, the Parliamentary Ombudsman considered
it unacceptable to allow the individual to spend five days in the police cell
while awaiting transport, and the police should have acted more vigorously to
shorten this period.25
The issue of detaining people taken into custody in a remand prisons during
transport was also relevant in a case involving a 17-year old who had been
taken into custody pursuant to the LVU. The Parliamentary Ombudsman’s decision gave a reminder that children and young people should only be placed
in a remand prison in connection with transport if there are pressing reasons
such as a longer distance forcing an overnight stop. In the decision, the Parliamentary Ombudsman criticised the Prison and Probation Service’s transport
service26 for having planned the transport in such a way that the person taken
into custody was forced to spend the night in a remand prison. The Parliamentary Ombudsman also pointed to the importance of asking persons taken
into custody who are temporarily in a remand prison if they want to make an
“arrival call” and of documenting these measures.27
The issue of placement in a remand prison has also arisen in connection with
the transport of prison inmates.28 When being moved between two prisons,
an inmate was placed in a remand prison for eight days. The Parliamentary
Ombudsman found there to be legal support for temporarily placing a prison
inmate in a remand prison, but noted that eight days exceeds what is acceptable. Another case highlighted the issue of the placement of an inmate in conjunction with transport. The inmate was placed in a prison, but in an isolation
section. According to the Parliamentary Ombudsman, the principal rule gives
a person who is a prison inmate or who, in connection with transport is temporarily placed in a remand prison, the opportunity to associate other prisoners. If a prison or a remand prison assesses that the inmate cannot associate
with other prisoners, a decision must be made in writing for the inmate to
be placed in isolation. The decision directed serious criticism at a prison that
had routinely placed inmates being transported in isolation without making a
decision on the matter in writing.29
25 Ref. no. 5182-2013
26 Now the Prison and Probation Service’s transport planning unit.
27 Ref. no. 6939-2012
28 Ref. no. 2346-2013
29 Ref. no. 6878-2012
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