55 First five years – some results New guidelines on health services for detainees In 2019, the Directorate of Health presented a draft guideline for medical personnel on how the right to health care should be addressed in police custody. The guideline has been created in collaboration with the National Police Directorate, and describes how the detainees’ rights as patients should be safeguarded during the deprivation of liberty. The draft included the Parliamentary Ombudsman’s recommendations in the field, among others that doctors must not be involved in approving whether someone is placed in custody, and that the police escorting detainees must not be present during medical examination and treatment, for instance at accident and emergency units. Migrant detention centres – Families with children no longer detained at Trandum The Parliamentary Ombudsman's NPM has visited the Police Immigration Detention Centre at Trandum twice since 2014. We conducted an unannounced visit to the detention centre in May 2015, and carried out a new unannounced visit to the detention centre’s security section in March 2017. In our report following the first visit, we raised concern about the practice at Trandum at the time of detaining children – both unaccompanied children and children detained with their families. In the report, we pointed out that the detention centre did not appear to be a suitable place for children. Although there were no children at the detention centre at the time of our visit, we stated that the environment was marked by stress and unrest, including sizeable riots and incidents such as smashing furniture, self-harm, suicide attempts and use of force. This was not deemed to be a satisfactory psychosocial environment for children. The following year, the European Court of Human Rights rendered five judgements against France regarding the violation of the European Convention on Human Rights (ECHR) in cases concerning the detention of families with children in immigration cases.28 In May 2017, Norway was found guilty of breach of the ECHR by a Norwegian court in a ­similar case concerning the detention of a foreign family with children under 15 years.29 The Court ruled that the detention of children in this case constituted a breach of Article 3 of the ECHR on the prohibition against torture, inhuman or degrading treatment or punishment. The development of the law in the field and the Parliamentary Ombudsman’s visit reports contributed to increased pressure from organisations such as Norway’s National Human Rights Institution (NIM), the Ombudsman for Children, the Norwegian Bar Association and the Norwegian Organisation for Asylum Seekers (NOAS) to find solutions to prevent children being placed in the immigration detention centre. 28 ECtHR ruling 12 July 2016 A.B and others v. France, application no. 11593/12; ECtHR ruling 12 July 2016 R.M and others v France, application no. 33201/11; ECtHR 12 July 2016 R.C. and V.C. v France application no. 76491/14; ECtHR ruling 12 July 2016 A.M and others v France, application no. 56324/13; ECtHR ruling 12 July 2016 R.K and others v France, application no. 68264/14. 29 Borgarting Court of Appeal, 31 May 2017, LB-2016-8370.

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