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Selected topics from 2019
Inmates placed in restraints do not receive medical
assistance from the specialist health service, but
from the local accident and emergency unit or
from the prison health service. Doctors from the
accident and emergency unit do not have expertise
in the use of restraints, and the review of the
prison health service’s procedures revealed major
shortcomings.
On a national level, restraint beds were only used on
an average of 15 times per year. This entails a risk that
prison officers with little or no previous experience with
restraints must use this highly intrusive measure on
inmates in acute psychological crisis.
Discrimination
The use of restraints to prevent people from
harming themselves is a contentious issue.
The UN Special Rapporteur against Torture has
stated that persons with mental illnesses should
not be subjected to such forms of coercion.
The Parliamentary Ombudsman has in several visit
reports and in the Special Report to the Storting
on Solitary Confinement and Lack of Human
Contact in Norwegian Prisons, pointed out that
solitary confinement in prison can increase the
risk of suicide, self-harm and development of
serious mental disorders.46 Several of the cases
where r estraint beds were used seemed to result
from precisely such a sequence of events; where
suicidal inmates had been placed in solitary
confinement and started to self-harm in the
security cell.
People who are suicidal or have inflicted serious
self-harm need medical assistance. If restraint
beds in practice become a measure that prevents
inmates from getting the medical assistance they
require, the use of restraint beds can constitute
discrimination and a violation of the inmates’ right
to receive medical assistance.
View into a cell equipped with a restraint bed through
a surveillance mirror over the door to the cell.
The fact that women are at a higher risk of being
placed in restraints than men, and that they are
more often put in restraints several times, raises
additional questions about discrimination.
Lack of legal safeguards
Although the use of restraint beds is one of the most
intrusive measures a prison can use, the quality
of the decisions and supervision logs show
significant shortcomings in the legal safeguards
for those concerned. A large number of decisions
do not explain why the measure was deemed
strictly necessary, or document why the decision
should be upheld, and there is no documentation
stating that less intrusive measures have been
attempted. These extensive shortcomings prevent
a real p
ossibility to file a complaint and raise major
issues in relation to internal oversight. Many of the
factors indicate a violation of the prohibition against
inhuman treatment, set out in the UN Convention
against Torture and the ECtHR Article 3 as
interpreted by the European Court of Human Rights.
Based on these factors, the Parliamentary
Ombudsman considers there to be a high risk
of inhuman treatment in connection with the use
of restraint beds and recommends that restraint
beds be discontinued in prisons.
46 Special Report to the Storting on Solitary Confinement and Lack of Human Contact in Norwegian Prisons
(Document 4:3 (2018/2019), pp. 66–67.
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