29 Selected topics from 2019 that the restraint bed does not become more attractive to inmates than the security cell. In one prison, the restraint bed was placed in a way that prevented the person in restraints from seeing whether anyone was keeping an eye on them. Such circumstances can reinforce the feeling of being powerless and isolated when the inmate is already subject to a highly intrusive measure. Several of the prisons' supervision logs lacked information that could document whether and when medical personnel had seen the inmate. Inmates with mental illness The ECtHR ruling from 2012 pointed out that people with mental illness are particularly vulnerable, and that this must be considered when determining whether Article 3 has been violated.38 We know from Norwegian studies that inmates in general have a high rate of mental illnesses.39 When inmates are put in a restraint bed in order to prevent self-harm, this produces a clear risk of additional trauma and worsening of their mental health. The UN Special Rapporteur on Torture points out that ‘any restraint on people with mental disabilities for even a short period of time may constitute torture and ill-treatment'.40 One of the supervisory logs stated that the ‘inmate had childhood traumas concerning restraint beds’. The inmate was nonetheless placed in a restraint bed. In another decision concerning restraint beds, it emerged that the person placed in restraints had been declared unfit to serve the sentence, due to extensive trauma after serious sexual abuse in their youth. Other conditions that increase the risk of violations Clothing Very few supervision logs contained clear ­information about the inmate’s clothing. The ­wording in several of the supervision logs ­suggested that inmates had been naked in the restraint bed. It has also emerged several times during the NPM's visits that inmates have been placed naked in restraint beds. When placed in restraints, people are denied the possibility to defend themselves, and are therefore particularly vulnerable to abuse and inhuman treatment. Not wearing clothes in such situations increases this risk. It also reinforces the feeling of vulnerability and increases the risk of negative psychological effects as a consequence of being placed in restraints. The revised guidelines have incorporated a ­requirement that the person placed in restraints must be clothed or his or her body must be covered. However, the new guidelines do not state that a person placed in restraints should never be naked. In one of the supervision logs, an inmate was described as being restrained in a restraint bed without a tunic, even though she wanted to wear one. According to the supervision log, the inmate was told that personnel from the healthcare ­department would speak to her first. There were four members of staff in the room at the time, of whom at least three were men. No documentation showed that the inmate was covered by a blanket. The decision to give her a tunic was not made until one hour later. Other supervision logs also indicated that inmates were placed naked in restraint beds, in some instances with, and in other instances without, a blanket. 38 Bures v. the Czech Republic, application no. 37679/08, judgment of 18 October 2012, paragraphs 85 and 88. 39 Cramer, V. (2014). Forekomst av psykiske lidelser hos domfelte i norske fengsler. Oslo: Oslo University Hospital. 40 See the UN Special Rapporteur on Torture Juan Mendez’s report to the UN Human Rights Council 1 February 2013, A/HRC/22/53, pages 14–15, section 63 and page 23, section 89 b).

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents