the prison and probation service
further contribute to counteracting the negative consequences of deprivation
of liberty. For this reason, the Chief Parliamentary Ombudsman recommended the Prison and Probation Service examine what opportunities exist and
what measures need to be taken to ensure individuals deprived of their liberty
can also use these premises and areas.17
One of the Berga remand prison branch’s departments (Department 1: 5) lacks
common areas, and for this reason the inmates were directed to associate with
each other in the department’s corridor. Up to seven inmates could associate
in this limited space at one time and it was only equipped with a dining area
designed for two people. Following the inspection, the Chief Parliamentary
Ombudsman stated that it could be strongly questioned whether the corridor
could be described as a department. Furthermore, it could be questioned
whether the way in which the space was used was compatible with the basic
provision that each inmate must be treated with respect for their human
dignity and with an understanding of the special difficulties associated with
deprivation of liberty. For this reason, the Prison and Probation Service
should consider whether the premises should be used as a department and,
therefore, constitute permanent places in the remand prison branch’s operations. Finally, the Chief Parliamentary Ombudsman stated that if the Prison
and Probation Service still intended to use the cells as permanent remand prison places, it must immediately review the inmates’ opportunities to associate
with each other. In the view of the Chief Parliamentary Ombudsman, it is
inadequate to direct the inmates to associate with one another in the corridor,
and it is remarkable that the Prison and Probation Service expects inmates to
eat their meals in this very limited space.
For this reason, the agency must take the necessary measures to enable the
individuals deprived of their liberty in Department 1:5 to be able to associate with each other on the same terms as inmates in the other units of the
remand prison branch.18
Work to prevent acts of self-harm
Individuals held on remand are in a vulnerable situation and the execution
of a decision to deprive someone of their liberty must be conducted in such a
manner that negative consequences are counteracted.19 The Prison and Probation Service works with preventive measures to, inter alia, detect the risk of
suicide and other acts of self-harm. An important part of this work is that the
remand prison cells are designed and set up in a way to prevent, as far as is
possible, inter alia, suicide and that the Prison and Probation Service carefully
considers the risks regarding the items placed in the cells.
17 See the Parliamentary Ombudsmen’s report p. 11, ref. no. O 39-2019.
18 See the Parliamentary Ombudsmen’s report p. 11, ref. no. O 39-2019.
19 See Chapter 1, Section 5 of the Remand Prisons Act.
39
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