Selected topics from 2019
The Ministry suggested that the spit hood could
be used on inmates placed in common areas
while socializing with others, as a measure to
prevent solitary confinement. The Parliamentary
Ombudsman pointed out that it is unlikely that
more meaningful human contact can take place
if inmates are wearing a spit hood in addition to
mechanical restraints such as handcuffs or body
cuffs while interacting with other inmates. This can
have a humiliating and dehumanising effect on the
inmates and constitutes a clear risk of inhuman
and degrading treatment.
We also criticised the Ministry’s failure to explain
the risks linked to using a spit hood. An EU
regulation on controlling the trade in items
that can be used to inflict torture or inhuman
treatment show that spit hoods pose a risk of
asphyxiation. Several cases have been reported
in other countries where people have died while
wearing spit hoods, and where disproportionate
use appears to have contributed to or caused
the death.
We emphasised that having a hood pulled down
over one’s head can contribute to a strong sense
of fear, high levels of stress, a feeling of loss
of control and a sensation of being choked.
This particularly applies to people with serious
conditions, such as psychosis, anxiety and
phobias, such as claustrophobia. This is a
particular cause for concern given that a high
proportion of the inmates in Norwegian prisons
have serious mental health issues, to a much
greater extent than the rest of the population
in general.
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In addition to spit hoods, the Ministry also
proposed lowering the threshold for the use
of restraints such as hand cuffs and body cuffs.
The Parliamentary Ombudsman disagrees with
the Ministry that these restraints are less intrusive.
A body cuff can restrict the inmates’ freedom
of movement to the extent that they cannot walk
or move their arms. The fact that the use of
a spit hood entails both a hood and a mechanical
restraint being placed on the inmate, indicates
that this is a highly intrusive coercive measure.
We also expressed concern that the purpose of
the proposed amendments was to prevent inmates
being confined to their cells because it did not
seem advisable to let the person spend time
in common areas without wearing restraints.
The Ministry’s proposal is inadequate for
addressing the challenges of solitary confinement.
The proposal to introduce the use of spit hoods
and to lower the threshold for using other
restraints indicate that a more integrated approach
is necessary for creating prison conditions that
prevent the need to use such intrusive measures.
The Parliamentary Ombudsman pointed out that
implementing measures to counteract the high
degree of solitary confinement in prisons is now of
urgent importance.
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