the prison and probation service
36
any alternative than being placed in segregation. Following the inspection,
the Chief Parliamentary Ombudsman reiterated that the intention behind the
provisions regarding segregation state that if a situation – for example where
an inmate feels threatened – can be resolved in another way than holding
an inmate segregated, such a measure should be the primary choice.7 The
Chief Parliamentary Ombudsman further stated that segregation should only
be used in exceptional circumstances when all other alternatives have been
exhausted. If an inmate is nonetheless segregated, the Prison and Probation Service must work actively to ensure that it lasts for as short a period as
possible. Placing an inmate in need of protection in segregation should only
occur pending a more permanent solution, for example relocation to a secure
places for their own protection.8
The Prison and Probation Service needs
to review what premises it has available
to place inmates in
need of protection
It further emerged from the inspection that the inmates who are placed on
the semi-open side associate with each other for most of the day. The only
reason they are locked in during the day is that the inmates on the unit’s
locked side should be able to use the unit’s balcony. In the view of the Chief
Parliamentary Ombudsman, this means that the real reason for being placed
in segregation on the semi-open side is the design and layout of the prison’s
premises. During the conversations that the Parliamentary Ombudsmen’s
employees had with inmates, they expressed that they wanted to be on the
semi-open side because it is calmer there. According to the Chief Parliamentary Ombudsman, this indicates that there is a need to set up smaller units,
where the inmates’ needs to associate in a smaller group and with less stimuli
can be met. The Chief Parliamentary Ombudsman finally noted that the
management of the prison has expressed that the mandate of its so-called RO
Department9 is unclear. In the view of the Chief Parliamentary Ombudsman,
what emerged regarding inmates who were segregated at their own request
suggested that the Prison and Probation Service needs to review the premises
it has available to place inmates who are in need of protection or inmates who
need to associate in smaller groups. At the same time, the Prison and Probation Service needs to take measures to ensure that segregating inmates at their
own request is only used in exceptional circumstances and for as limited a
time as possible.10
Finally, during the inspection of the prison Västervik Norra, it was noted that
some of its segregation cells are equipped with high-positioned, so-called
basement windows. As a result, an inmate is not able to look out the window
and, in addition, the windows lacked the equipment that would make it possible to regulate natural light into the cell. One inmate had been held in such
a cell for several weeks. The Chief Parliamentary Ombudsman stated that the
7 See Government Bill 2009/10: 135 pp. 138.
8 See the Parliamentary Ombudsmen’s report p. 16, ref. no. O 46-2019.
9 A department that enables, for example, inmates associating with each other in small groups.
10 See the Parliamentary Ombudsmen’s report p. 16, ref. no. O 46-2019.
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