58
The guidelines were amended, but a comprehensive
assessment of the legislation was not initiated
by the Ministry, as we had recommended. During
subsequent visits, we found that the extensive
use of solitary confinement in prisons increasingly
posed a risk of inhuman and degrading treatment.
After repeatedly raising these issues with key
health and justice authorities, the Ombudsman
decided to raise the issue of solitary confinement
and lack of human contact in Norwegian prisons
in a separate Special Report to the Storting
(see separate article in Chapter three).
The Directorate of Correctional Service’s
management stated in 2019 that measures to
prevent solitary confinement would be one of its
most important focus areas in the time ahead.
Use of means of restraint
The use of means of restraint, such as security
cells and restraint beds, is among the most intrusive
measures that can be implemented in prison.
Security cells are a highly intrusive form of solitary
confinement in a bare cell, and a restraint bed
entails strapping an inmate to a bed. The measures
are so serious that we always go through the
prison’s practice for this in particular detail during
our visits, both when inspecting the cells where
such measures are carried out and when reviewing
documentation such as administrative decisions
and supervision logs.
NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2019
We have repeatedly criticised a lack of
documentation demonstrating that an
administrative decision was strictly necessary,
or whether there were grounds for upholding the
measure. We have also criticised several prisons
for conducting routine body searches before
placing inmates in security cells, and pointed out
that inmates have inadequate clothing during the
stay and that there is a need for daily supervision
by medical personnel.
In March 2019, the Directorate of Correctional
Service adopted revised guidelines for
the Execution of Sentences Act's provisions
on the use of means of restraint.34 In the guidelines,
the directorate included important clarifications
to strengthen legal safeguards in relation to the
use of restraint measures. These are in line with
our recommendations to the prisons in a number
of areas. Among other things, it was clarified that
when security cells or restraint beds were used,
the administrative decision should always state
which less intrusive measures had been tried
or were considered insufficient. The guidelines set
out requirements for the information to be included
in supervisory logs and new guidelines on body
searches, supervision and clothing for inmates
in these situations.
During several of our prison visits, we have identified
conditions that constitute a risk to the inmates’
health and legal guarantees regarding means
of restraint, and, in particular, security cells.
34 The Directorate of Correctional Service, Guidelines to the Execution of Sentences Act Section 38, revised 15 March 2019.
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