NORWEGIAN PARLIAMENTARY OMBUDSMAN National Preventive Mechanism ANNUAL REPORT 2019 40 The Parliamentary Ombudsman emphasised that the proposal lacks national procedures for ­documentation and reporting cases of suspicion of disproportionate use of force or injury to the detainee caused by the police. One of the ­recurring findings from the NPM’s visits to places of ­detention, including police custody facilities, is that there is a lack of procedures in place for what ­medical personnel should do in cases of ­suspicion of disproportionate use of force or injuries caused by the police. Several of the accident and emergency units visited lacked a system to ensure that injuries to detainees were adequately ­documented in patient records, including photographic ­ocumentation. None of the accident and ­emergency units visited had any procedures in place for situations where it was suspected that injuries to a detainee was caused by the police. In the consultation submission, we emphasised that documentation and reporting of injuries inflicted on persons deprived of their liberty are i­mportant legal protections and can reduce the risk of torture and inhuman treatment. We referred to the European Committee for the Prevention of Torture (CPT), which recommends that thorough health examinations are carried out with ­documentation of suspicious injuries, and that such injuries are quickly reported in order to ­protect the detainees and ensure that an ­investigation is launched. Such procedures are lacking in Norway. We also asked that medical personnel be given more information regarding the harmful effects of isolation and how the health of persons in isolation should be followed up. 4 The photo shows a spit hood of the type that is used by Norwegian police. The Ministry has not stated what type of spit hood it proposes for use by the Correctional Service. Photo: Ruben Skarsvåg. Critical to the proposal to use spit hoods in prisons In September, we made a consultation submission regarding the Ministry of Justice and Public Security's proposal to amend the Execution of Sentences Act’s rules on coercive measures.4 One of the proposals involved introducing the use of spit hoods to the list of legal coercive measures. Another proposal involved lowering the threshold for using coercive measures such as handcuffs and body cuffs. A spit hood is a transparent hood that is pulled down over the head of the detainee, which covers the lower part of the face and prevents the person from spitting. In our consultation submission we noted that the Ministry had failed to consider that the use of spit hoods also entails the use of other restraints, such as hand cuffs or body cuffs, to prevent the detainee from removing the spit hood. According to the Ministry, the basis for the proposal was the increasing problem of detainees spitting. However, no information was presented that demonstrated that this was a growing trend. The Ministry stated that spitting can entail a risk of infection, without outlining the type of infection referred to, or how great the risk is. The Parliamentary Ombudsman’s consultation submission on proposed amendments to the Execution of Sentences Act (use of spit hoods), 30 September 2019. Read the whole consultation submission here: https://www.sivilombudsmannen.no/wp-content/ uploads/2019/10/Sivilombudsmannens-h%C3%B8ringsuttalelse-om-forslag-til-endringer-i-straffegjennomf%C3%B8ringsloven-brukav-spytthette-mv..pdf