NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2019
30
Being strapped naked to a restraint bed with prison
officers of the opposite sex in the same room, can
be a very humiliating experience and increase the
risk of trauma. It is important to underline that this
can apply to inmates of both sexes.
Gender
Gender is a point of vulnerability. The UN Rules
for the Treatment of Women Prisoners and
Non-Custodial Sanctions for Women Offenders
(the Bangkok Rules) underline the importance of
good policies and regulations for staff working with
female inmates.41
We know that many female inmates have been
the victims of abuse and different forms of
sexual exploitation.42, 43 These are factors that can
exacerbate the sense of humiliation from being
placed in restraints. Over 30% of cases of inmates
being placed in restraints in the period concerned
women. This included some of the longest periods
spent in restraints.
Additionally, the decisions analysed showed that
female inmates who had been put in restraint beds,
more often had been restrained several times,
compared to male inmates who had been put in
restraint beds. Five of the seven inmates who had
been put in restraint beds four times or more, were
women.
Language
A lack of opportunity to communicate with those
the inmate depend on, is also a point of vulnerability.
Foreign inmates are entitled to information in
a language they understand.44 The prison must
ensure that the inmate has understood the grounds
for the decision and understands the information
that is provided. One of the supervision logs
showed that the prison did not call an interpreter,
although the inmate in the restraint bed requested
an interpreter.
Juvenile inmates
The threshold for placing juvenile inmates in
restraint beds is higher than for adults – it must be
‘absolutely necessary’. In one instance, a juvenile
inmate remained strapped to, and at times, asleep
in, the restraint bed for over 13 hours without
medical supervision. This incident is mentioned
in one of the Parliamentary Ombudsman’s visit
reports.45 A review of the prison’s procedures on
the use of restraint beds also showed that they did
not include separate points on the use of restraint
beds in cases regarding juvenile inmates.
Summary and Recommendation
The use of restraints in prison in order to prevent
inmates from harming themselves or attempting
suicide, raises important human rights and
health-related questions. The revision of 82
decisions, alongside experience and the data
collected from visits to several prisons, identified
the following main issues:
Risk to life and health
The use of restraints involves a risk of both somatic
injuries, including fatal injuries, as well as a risk of
trauma and serious psychological distress. Despite
this, in most of the cases where restraint beds
were used, they were used with minimal supervision by medical personnel. Qualified medical
personnel are generally neither present at the start
of nor during the time spent in restraints.
41 The UN Rules for the Treatment of Women Prisoners and Non-Custodial Sanctions for Women Offenders (the Bangkok Rules),
adopted by the UN General Assembly on 21 December 2010, A/RES/65/229.
42 Directorate of Norwegian Correctional Service (2015). Likeverdige forhold for kvinner og menn under kriminalomsorgens ansvar.
43 Report No 37 to the Storting (2007-2008). Punishment that works – less crime – a safer society.
44 The UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), adopted by the UN General Assembly
on 17 December 2015, Rule 61 No 2. The recommendation of the Council of Europe’s Committee of Ministers, Rec (2006) 2 to the
member states about the European prison rules (The European Prison Rules), principle 38.3.
45 The Parliamentary Ombudsman's report after its visit to Bergen Prison 2–4 May 2018.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents