opcat inspections and follow-up ombudsman decisions
that the right to outdoor access is normally an unrestricted right that the
police must satisfy. It is therefore vital that the police service guarantees this
as soon as possible. The Parliamentary Ombudsman also pointed out that it
emerged that several police detention facilities lacked procedures for informing inmates of their right to outdoor access. Where procedures for this did
existed, they appeared to be inadequate in many cases. For example, it was
unclear who was responsible for providing this information. The Parliamentary Ombudsman’s decision emphasised the importance of an inmate being
informed of their right to outdoor access in order for him or her to have the
opportunity to exercise this right. Furthermore, the National Police Board
has announced its intention to produce new regulations for police detention
facilities, including provisions concerning information to inmates about the
opportunity to spend time outdoors each day. In view of the inadequate procedures the investigation has revealed, the Parliamentary Ombudsman noted
that it was vital that these regulations come into force as soon as possible.
Outdoor access in the prison and probation system
The meaning of what constitutes “exceptional reasons” for not offering outdoor access has been discussed in two decisions from 2013.4
One decision concerned an inmate who had been forced to wear handcuffs
in the walking yard because the doors to the remand prison’s exercise yards
lacked “handcuff hatches”. If the inmate had not accepted wearing handcuffs,
there would, according to the remand prison, be exceptional reasons for
denying him daily outdoor access. According to the Parliamentary Ombudsman, it would have been possible for the remand prison to anticipate the need
for handcuff hatches, thus rendering the exception to the Act on Detention
inapplicable. According to the Parliamentary Ombudsman, it should not be
possible – if circumstances are within the authority’s control – for the Prison
and Probation Service to deny an inmate outdoor access with reference to
deficiencies in the physical environment and inadequate staffing levels.
The second decision discussed an incident in which the Prison and Probation
Service, when separating inmates, had denied an entire section daily outdoor
access for a number of days. According to the Parliamentary Ombudsman,
the Prison and Probation Service can deny inmates outdoor access in the
initial stage of a period of isolation. According to the Parliamentary Ombudsman however, if the isolation period is protracted, it can hardly be claimed
that the situation is unforeseen. Immediately after a making a decision on
isolation, a prison is thereby obliged to commence planning so as to make it
possible to offer inmates one hour of daily outdoor access as soon as possible.
4 Ref. no. 1864-2013, ref. no. 4379-2013
39
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