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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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