33 Selected topics from 2019 The purpose of the report was to make the Storting aware of the risk of inhuman or degrading treatment represented by the use of solitary confinement in prisons. Solitary confinement in Norwegian prisons – inadequate regulation and overview The key element of solitary confinement is that the inmate is separated from other inmates, and that meaningful human contact is reduced to a minimum. Internationally, there are several different definitions of the term solitary confinement. All these definitions are based on the premise that solitary confinement is a measure that is serious, intrusive and detrimental to health. The UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) prohibits confinement for 22 hours or more a day without meaningful human contact for more than 15 consecutive days. The Special Report to the Storting underlines that Norwegian legislation does not provide for such a limitation in time. In our neighbouring countries Denmark and Sweden, there are rules in place that specify that inmates must not be locked up for longer than 12 hours a day. In Norway, it is up to the individual prison sections to determine when inmates are let out of their cells in the morning and locked in the evening. In several prisons, we have observed that inmates placed in what is known as a communal section are, in reality, locked inside their cells for ­­ 22 hours a day or longer. The lack of clear statutory or ­regulatory requirements on how much time ­inmates should be entitled to spend associating with other inmates, creates ambiguity and ­diminishes the authorities' knowledge of the ­extent of solitary confinement in Norwegian prisons. Extensive solitary confinement and restrictions on association with other inmates In the report, the Parliamentary Ombudsman points out that there are major weaknesses in the authorities’ control of the use of solitary confinement in Norwegian prisons. Our collection and review of figures show that there is no reliable overview of the extent of solitary confinement in Norwegian prisons. This means that the ­responsible authorities lack necessary information to assess measures to reduce the use of solitary ­confinement and limit its harmful effects. A minimum estimate based on the Correctional Service’s own figures show that one in four inmates in Norwegian prisons is locked in their own cell for 16 or more hours a day. The figure is higher during weekends. After the publication of the Special Report, the Directorate of Correctional Service has pointed out that the figures are, in all probability, even higher. This runs counter to the European Committee for the Prevention of Torture’s (CPT) recommendation that all inmates are entitled to at least eight hours of meaningful activity outside their cell every day. One of the most disturbing findings from the NPM’s prison visits is that the most extensive use of solitary confinement is not due to the conduct of the inmate, but to financial or practical challenges within the prison organisation. At times, over half of all instances of solitary confinement in Norwegian prisons have been due to a lack of available activities, low staffing levels or a lack of common areas in the sections. Some findings also indicate that the number of inmates who choose to be in solitary confinement is increasing. This type of solitary confinement usually happens because of a general sense of insecurity, mental health challenges or because the inmate is afraid of other inmates. The prison staff

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