50
Special Report to the Storting
Document 4:3 (2018–2019)
The prison should seek to reintegrate inmates who are held in isolation for preventive purposes (including on their
own request) as soon as possible.166 If it becomes clear that there is a need for long-term protection and no other
response is possible, special effort should be put into regime enhancement measures. Examples of such measures
would be to identify other inmates with whom the inmate concerned could safely associate and situations where
it would be possible to bring the inmate out of cell to get other sensory inputs, meaningful human contact and
physical exercise.
7.1 Lack of meaningful human contact
The most effective way of reducing the harmful
effects of isolation is to facilitate meaningful human
contact. For such contact to be meaningful, it should
be empathetic and face to face. The communication
should not be fleeting or incidental to the performance
of other tasks, such as delivering food trays or
medication.167
The statutory requirement is that inmates who are
excluded from company must be seen to several times
a day, and the guidelines specify that, as a point of
departure, supervision shall take place once an hour.
The guidelines also state that inmates may be granted
extended access to the open air, the company of staff,
visits from friends and family, physical activity or other
measures that could prevent the detrimental effects of
being excluded from the company of other inmates. 168
During our visits, we have found that such measures
are made limited use of, however. Many inmates
have no human contact other than staff supervision.
We have also found that the requirement for hourly
checks is seldom adhered to in practice, and that such
checks often consist of brief messages or questions.
The unequal balance of power can also make it difficult
for prison officers to establish good relations with
inmates in solitary confinement.
This also applies to inmates who have been confined
on their own request. Many inmates we meet in
restrictive units sit with the curtains closed and lights
off in the middle of the day in cells with a poor state
of cleanliness and hygiene. Such conditions raise
concerns about the adverse effects of isolation, which
some prisons show little awareness of.
‘An officer comes in the morning
and says “good morning”, then at
breakfast, then for exercise in the
yard and then at dinner, and then
one who says “goodnight”.
Other than that, nothing’.
Inmate interviewed by the NPM
51
Inmates in solitary confinement eat in their cells and
do not partake in meals with other inmates. In many
cases, the food is placed on a trolley in the corridor
for the inmates to pick up. In some cases, and in the
case of remand inmates who are held in isolation to
prevent destruction of evidence, the food is brought
into the cell. We have observed that, in some sections,
food is routinely delivered through the hatch in the cell
door. In one prison, we were informed that this was
common practice and applied to all inmates regardless
of why they had been placed in that section. This
procedure entailed a further reduction in human contact
for inmates in solitary confinement, and could be
perceived as dehumanising and enhance the feeling of
isolation. The procedure also meant that staff missed
an important opportunity to observe and engage in
conversation with inmates. In sections with little or
no communal facilities and where the cells have a
refrigerator, there is even less contact with staff. In such
cases, several days’ rations of food for meals other than
dinner are distributed in one go.
‘The TV is my best buddy.
They say that all inmates shall
have an offer of activities, but
that doesn’t happen’.
7.2 Limited offer of activities for inmates
in solitary confinement
Prolonged periods without activity and external input
lead to passivity, fatigue and apathy, people’s capacity
for attention, concentration, planning and motivation
is reduced, and they tend to move and talk less. In
step with this, their brain activity is significantly reduced.
Inmates who spend a long time in their own cell with limed
human contact can therefore easily develop passivity.
It is therefore very important to ensure that inmates
engage in both physical and mental activity. The CPT
recommends that inmates who are excluded from the
company of other inmates should be provided with
a programme of measures to ensure human contact
as well as the maximum possible level of activity.169
This was also stressed in the CPT’s report after its visit
to Norway in 2018.170
The vast majority of prisons we have visited offer few
activities to inmates in solitary confinement. As a rule,
the offer is limited to use of the exercise yard and gym,
and activities that the inmates can pursue in their own cell.
All inmates who are excluded from the company of
other inmates shall have the possibility of spending at
least one hour outdoors every day. This follows from
international standards and, in Norwegian law, from
Section 22 of the Execution of Sentences Act.
Inmate interviewed by the NPM
In most prisons we have visited, inmates in solitary
confinement feel that the officers seldom take the
time to engage in a longer conversation. We find few
systematic efforts to reintegrate inmates into the
general prison population.
Chess board used by inmates.
166 Council of Europe: Committee for the Prevention of Torture (CPT), 21st General Report, 10 November 2011, CPT/Inf (2011) 28, paragraph 61 (d).
167 See Essex Paper 3, Initial Guidance on the interpretation and implementation of the UN Nelson Mandela Rules, written by an expert group
organised under Penal Reform International and Essex Human Rights Centre 7–8 April 2016, pp. 88–89.
168 Directorate of the Norwegian Correctional Service (2002). Guidelines to the Execution of Sentences Act and its Regulations, section 37.14.
Revised version of 2 April 2019.
Even if staff in many prisons are only able to ensure
that they have meaningful human contact with inmates
in solitary confinement to a very limited degree, we
have seen examples of the opposite. During one visit,
we observed a high degree of awareness among both
prison officers and in the healthcare department of
the importance of following up inmates in solitary
confinement, and the inmates told us they were being
looked after in a good way. Follow-up by officers
included long conversations, extra hours in the gym
and time in the library when it was closed to the general
prison population. The healthcare department followed
up and spoke with inmates in solitary confinement on
a daily basis.
‘Sitting here is like sitting on
a desert island, it’s extremely
demanding. I don’t think people
understand this. I don’t think
it’s right, whether you have
committed a crime or not.
Those who put us here should try
it themselves’.
Inmate interviewed by the NPM
169 Council of Europe: Committee for the Prevention of Torture (CPT), The CPT standards, 8 March 2011, CPT/Inf /E (2002) 1 – Rev. 2010.
See also the Nelson Mandela Rules, Rule 38.2
170 Council of Europe: Committee for the Prevention of Torture (CPT), Report to the Norwegian Government on the visit to Norway 2018, CPT/Inf
(2019) 1, paragraph 82.
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