the swedish migration agency
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inmates. Children detained may not be placed in a prison, remand prison or
police custody facility.5
During the inspection of the detention centre in Ljungbyhed, it emerged that
the limited opportunities for smoking in several instances led to indoor smoking and, by extension, a segregation decision. In addition, it was found that
several segregation decisions seemed to have been based on several separate
events which individually were not sufficiently serious to justify segregation
but had all nonetheless led to a segregation decision. It also emerged that a
segregation decision had been made the day after the event that was stated as
the basis for the measure. During the concluding review, the representatives
of the detention centre stated that the centre is relatively newly opened and
that there have been shortcomings regarding the staff ’s knowledge concerning the prerequisites upon which a coercive measure may be decided.
Following the inspection, the Parliamentary Ombudsman emphasised that
the use of segregation is a significant restriction to a detainee’s freedom of
movement. Any coercive measure exercised against a detainee must always
have a legal basis and be able to be communicated to an individual in an
understandable way. For a segregation decision, it is required that there are
concrete circumstances that lead to the assessment that a segregation of
a detainee is necessary for maintaining order or security and safety at the
detention centre or that a detainee constitutes a serious danger to themselves
or others. In the Parliamentary Ombudsman’s view, there should never be any
doubt, whether to staff or detainees, the grounds on which a coercive measure
is taken.
Segregation may
never be used as a
punishment
The Parliamentary Ombudsman further stated that the aim of a segregation
decision is to maintain order and security or safety at the detention centre.
There is some scope to consider the previous behaviour of a detainee, but a
balance must be struck between the seriousness of that behaviour and how
long ago it occurred. However, segregation must never be used as a punishment. For this reason, the Parliamentary Ombudsman called on the Swedish
Migration Agency to ensure that its staff have sufficient knowledge of the
regulations so that coercive measures of the type in question are used on the
basis specified in law. The detention centre in Ljungbyhed should also consider
what preventive measures can be taken to avoid conflicts at the detention
centre.
The detention centre in Ljungbyhed has two rooms for segregation purposes.
The rooms are constantly monitored by cameras and there is also a window
for supervision of the individuals segregated. In the corridor outside the
rooms there is, inter alia, a toilet and a space where a segregated detainee can
watch television. In order not to have to take out violent detainees into the
5
See Chapter 10, Section 20 of the Aliens Act (2005:716).
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