the prison and probation service
in Gävle and the national planning group at the National Transportation Unit.
The Parliamentary Ombudsman has requested responses regarding the following issues:
• The possibility of checking the legal basis for individuals’ deprivation of
liberty during transportations (the National Transportation Unit’s national
planning group).
• The design and layout of segregation cells etc. (the prison in Haparanda).
• The ability to look out through cell windows (the prison in Saltvik).
• The environment in the Prison and Probation Service’s exercise yards (the
prison in Saltvik and the remand prison in Gävle).
• The surveillance camera in a segregation cell (the remand prison in Gävle).
The possibility of checking the legal basis for individuals’ deprivation
of liberty during transportations
Following the inspection of the National Transportation Unit’s national planning group, the Chief Parliamentary Ombudsman stated that there was no
requirement for the agency ordering a transportation to state the basis for a
deprivation of liberty. In a system that is based on several agencies cooperating in holding an individual in deprivation of their liberty, it must, according to the Chief Parliamentary Ombudsman, be clear what the legal basis
is for taking a certain measure. If it is not possible to check the basis for the
deprivation of liberty, there is a not insignificant risk that individuals will be
subjected to coercive measures with no legal basis. For this reason, the Prison
and Probation Service was asked to make supplementary changes to the ordering system and respond detailing the measures it has taken.29
In a response to the Parliamentary Ombudsman, the Prison and Probation
Service announced that external orders must now state the legal basis upon
which a deprivation of liberty has been decided. Therefore, the Prison and
Probation Service can check that the order has been made by a competent
agency and that the individual to be transported is deprived of their liberty in
accordance with a provision that gives the Prison and Probation Service the
legal basis to perform the transportation. In the light of what has emerged in
the response, the Chief Parliamentary Ombudsman decided to close the case.30
The design and set up of segregation cells etc
An inspection of the prison in Haparanda revealed that the prisons’s medical
room and sobering up cell were used to hold inmates in segregation. The latter cell is normally equipped with only a mattress on the floor. The cell lacks
electrical outlets that make it possible to supply it with, for example, a reading
lamp, radio and television. One inmate had been held in the cell for almost
29 See the Parliamentary Ombudsmen’s report p. 13, ref. no. 4158-2018.
30 See the Parliamentary Ombudsmen’s decision of 23 December 2019, ref. no. O 34-2019.
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