57
First five years – some results
This is also reflected in the Directorate of
Correctional Service’s management of the prison
regions and the individual prisons. For instance,
the Directorate receives the prisons' draft replies
on follow-up of our visit reports and provides
comments to the individual prisons before
the follow-up letters are sent to us. The directorate
has also sent letters on several occasions specifying
the regulations to all prisons as a response
to our findings.31
Solitary confinement and restrictions
on association with other inmates
Already during our first visits to prisons in 2014,
the Parliamentary Ombudsman found inmates
who were confined to their cells for most of the
day, and who had little opportunity to associate
with others. A continued focus on this issue
over the years has helped put this problem
on the agenda.
Early on, we criticised the prisons' inadequate
overview of the extent of exclusion from common
areas, in addition to lack of clear legal definitions
and a lack of relevant statistics.32 As follow-up
of the Parliamentary Ombudsman’s findings and
recommendations, the Correctional Service began,
in 2015, to count the number of inmates who spent
less than eight hours outside their cells. Together
with the random day counts of the number of
inmates who spent less than two hours outside
their cells that was initiated in 2012, this produced
a more comprehensive picture of the challenges
facing the Correctional Service regarding solitary
confinement and restrictions on association with
other inmates.
View from an 'open air cell' in a prison visited by the
NPM. These cells are used as exercise yards for inmates
in solitary confinement.
In August 2016, the Correctional Service proposed
amendments to the guidelines to the provisions of
the Execution of Sentences Act regarding exclusion
and association with other inmates. The proposed
amendments included important clarifications,
including the requirement for an administrative
decision to be made for exclusion from common
areas to ensure a better overview of the scope. In
our consultation submission, we pointed out that
these changes were not sufficient.33 The background for this was that human rights standards
had introduced more stringent requirements for
the use of solitary confinement, and we therefore
considered it important that the Execution of
Sentences Act’ statutory provisions were assessed
in light of this change.
31 See, for example, Directorate of the Norwegian Correctional Service, Dagsmålinger og manglende vedtak om utelukkelser,
letter of 8 April 2015 to the correctional service regions.
32 The Parliamentary Ombudsman's report after its visit to Bergen Prison 4–6 November 2014, p. 13.
33 The Parliamentary Ombudsman’s consultation response to the guidelines on exclusion pursuant to Section 37
of the Execution of Sentences Act, 1 November 2016.
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