the swedish migration agency
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notes can be made in a more adequate manner.13 Following the inspection of
the detention centre in Ljungbyhed, the Parliamentary Ombudsman stated that
to ensure the rights of the detainees are met, the Swedish Migration Agency
needs to review how the detention centre can document the necessary information in a uniform and more adequate manner.
Transportations
If the Swedish Migration Agency so requests, the Prison and Probation
Service must provide the assistance needed to transport a foreigner held in
detention. Such a request may only be made if, due to special circumstances,
there is a risk that the transportation cannot be carried out without the Prison
and Probation Service’s special powers to carry out body searches and use
restraints, or there exist other, special reasons.14
During the inspection of the detention centre in Ljungbyhed, it emerged that
there was no documentation of the assistance that the agency requests from
the Prison and Probation Service. Following the inspection, the Parliamentary Ombudsman emphasised that – in view of the fact that it can have
negative consequences for detainees if the assisted transportation is delayed,
for example by holding them in segregation – the Swedish Migration Agency
should consider taking measures that mean that it systematically follows up
on such delays. In this way, the Swedish Migration Agency can also obtain its
own documentation on the outcomes of its requests for assisted transportations.
7.2 Cases where responses from the Swedish Migration Agency have been requested
The premise should
be that the Swedish
Migration Agency
visits detainees in
security placements
The Swedish Migration Agency has adopted a standard for visiting detainees
who have been placed in a prison, remand prison or police detention centre.
The standard states, inter alia, that the Swedish Migration Agency is to make
“contact” with the detainee and that such contact can be made via video conference call. In exceptional cases, telephone calls can also be used. Physical visits can be made if deemed necessary. The contacts must take place every two
weeks and the Swedish Migration Agency is also able to decide on a longer
interval between contacts when it is obvious that readmission to a detention
centre cannot be considered. If the detainee does not want any contact with
the Swedish Migration Agency, the agency should instead contact the Prison and Probation Service to ensure that the detainee has not changed their
mind regarding contact or a visit, and obtain details concerning the detainee’s
security placement.
13 See the Parliamentary Ombudsmen’s report, ref. no. 939-2018.
14 See Chapter 10, Section 19 a of the Aliens Act (2005:716).
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