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Selected topics from 2019
In Norway, the use of restraint beds is regulated
by the Execution of Sentences Act Section 38.
The Act provides for the use of restraint beds,
security cells and other approved measures of
restraint, in all situations covered by Section
38. This is not in accordance with the ECtHR’s
requirements that each decision to use a restraint
bed is based on adequate reasons explaining
why the decision was made. The Directorate of
Correctional Service has specified in the guidelines
on the use of restraint beds that this measure
must only be employed when strictly necessary to
prevent an inmate from harming him or herself.10
Under Section 38 second paragraph of the
Execution of Sentences Act, restraints shall only
be used if the circumstances make this strictly
necessary and less intrusive measures have
been attempted unsuccessfully or are obviously
inadequate. Restraint measures must be used with
caution in order to prevent unnecessary harm or
suffering. The guidelines stress that the Correctional
Service will continually assess whether there is
a need to uphold the measure.
In addition, the Act has rules for notifying a doctor
and reporting long-term use of restraint beds
to the governing authority, as well as separate,
stricter rules for the use of restraint beds
for persons under 18.
The health service’s assistance to a person
placed in restraints is regulated in the Health
Personnel Act Section 4 concerning professional
responsibility and diligent care.
A restraint bed with permanently attached straps in
a prison we have visited visited by the NPM.
10 Directorate of Correctional Service (2002). Guidelines to the Execution of Sentences Act and its Regulations, section 38.7.
Revised version of 15 March 2019.
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