isolation of individuals held on remand
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and Probation Service to introduce a system that makes it possible to follow
the isolation-breaking work over time. In a 2018 report, the Prison and Probation Service determined that the data provided by the current measurements
is sufficient in providing an approximate picture of the extent of the use of
isolation-breaking measures at a national level.
The Chief Parliamentary Ombudsman again raised the issue of a planning
and follow-up tool at the dialogue meeting in March 2019 with representatives of the Prison and Probation Service. According to the representatives of
the Prison and Probation Service, it wants to develop and introduce a central
support system for the use of isolation-breaking measures. A reasonable estimate was stated that it would take approximately five years from the start of
the project until there is a functioning system in place.
In the decision in February 2020, the Chief Parliamentary Ombudsman states
that the shortcomings in the Prison and Probation Service’s measurements
of the use of isolation-breaking measures make it difficult for it to follow the
work that takes place at the local level to break the isolation of inmates held
on remand. Additionally, the measurements cannot be used for comparisons
on a general level. This means that the measurements become almost useless.
In the view of the Chief Parliamentary Ombudsman, a continuous recording
of the extent to which inmates benefit from isolation-breaking measures is
necessary in order for the Prison and Probation Service to be able to follow
the work over time and for the agency’s staff to be able to notice and draw
attention to inmates who are at risk of being isolated. For this reason, it is
very important that the Prison and Probation Service has a system support in
place and that it is used correctly. In the view of the Chief Parliamentary Ombudsman, the estimated introduction time of a support system of five years
appears to be unacceptable.
The need for legislative amendments to, inter alia, the
Remand Prisons Act
In the view of the Chief Parliamentary Ombudsman, there needs to be a
review of, inter alia, the Remand Prisons Act (2010:611) in order to clarify
the right for inmates to associate with others and to prevent isolation. A first
necessary measure, in the view of the Chief Parliamentary Ombudsman, is
the introduction of a legal definition of association in both the Remand Prisons Act (2010:611) and Prisons Act (2010:610). A reasonable premise is that
association is given the meaning that an inmate is spends time with several
other inmates.
In order for the right of association with others to be meaningful, the legislation also requires information on the extent to which an inmate has the right
to associate with other inmates on a daily basis. Since this is a fundamental
right, in the view of the Chief Parliamentary Ombudsman, it is not sufficient
The Prison and
Probation Service
must have a national
support system to
enables it to follow
the work with the
use of isolationbreaking measures
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