64
After its visit to Oslo Prison in 2018, the CPT wrote
that inmates at acute risk of self-harm or suicide
were placed completely naked in security cells.
The committee recommended that this should never
happen:
‘in the view of the CPT, such a practice could be
considered to amount to degrading treatment’. 201
In a number of reports from its visits, the Parliamentary
Ombudsman has also emphasised that inmates at
risk of committing suicide must not be placed in
security cells naked. Where there is an acute risk of
self-harm or suicide, the Parliamentary Ombudsman
has recommended that rip-resistant clothing be made
available. Rip-resistant clothing can be uncomfortable
to wear and perceived as stigmatising. Such clothing
should therefore never be used as replacement for
ordinary clothes as a matter of routine, but only as a
last resort to prevent inmates with an acute suicidal risk
being confined to a security cell naked.
Most prisons visited by the Parliamentary Ombudsman
in latter years now have rip-resistant tunics available.
Despite the CPT’s recommendations and the views
made by the Parliamentary Ombudsman on the
same subject, after the CPT’s visit, the Directorate
of the Norwegian Correctional Service has amended
the guidelines to the Execution of Sentences Act so
that it is now acceptable to place inmates in security
cells in a state of nakedness if ‘it is unreasonable
for safety reasons to let the inmates keep their
clothes’.202 This amendment does not address the
right of particularly vulnerable inmates to be treated
with dignity. The amendment is contrary to the
recommendations that the Parliamentary Ombudsman
has repeatedly put forward and it has not been
introduced on reasonable grounds given that the issue
of safety can be addressed using rip-resistant clothing.
On the whole, the design of security cells entails a high
degree of sensory deprivation and limitation of the
inmate’s autonomy. It also entails a clear risk to health.
Special Report to the Storting
Document 4:3 (2018–2019)
9.2 Follow-up of inmates in security cells
and restraint beds
The conditions described above show that the harmful
elements of solitary confinement are particularly
prominent when inmates are placed in security cells.
The harmful effects of isolation have been described
previously in this report (see Chapter 4 Solitary confinement
is an intrusive measure and detrimental to health).
What is generally known about isolation and the risk
of suicide, self-harm and the development of serious
mental health disorders indicates that good procedures
must be in place for frequent checks and care of
individuals who are placed in a security cell. The duty
to bring any stay in a security cell to an end as quickly
as possible also warrants stringent requirements for
following up the inmate.203
The Execution of Sentences Act does not contain any
requirements for follow-up and supervision by staff in
connection with the use of security cells or restraint
beds. It is clear from Section 38 that the measure must
be strictly necessary and that the Correctional Service
‘shall constantly consider whether grounds for maintaining the measure exist’. This entails a duty to follow
up inmates regularly and closely.
According to the Directorate of the Norwegian
Correctional Service’s guidelines:
‘Security cells and restraint beds must not be used longer
than absolute necessary, and the inmate shall receive the
necessary attention and care for as long as the measure
is upheld. The staff shall check on the inmate at least
once every hour. Continuous monitoring shall be initiated
if warranted by the situation. Use of a restraint bed shall
be continuously monitored’.204
Our visits show that most of the supervision during the
use of security cells consist simply of a staff member
looking through a window or hatch to check if the
inmate shows any signs of life. Both the operating
procedures and the supervision protocols indicate that
monitoring in many places is limited to checking for
movement or breathing.
201 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 110.
202 Directorate of the Norwegian Correctional Service (2002). Guidelines to the Execution of Sentences Act and its Regulations, section 38.7.2.
Revised version of 15 March 2019
203 Stang, J & Østberg, B (2006). Innsattes forslag til å forebygge isolasjon i sikkerhetscelle (‘Proposals from inmates on the prevention of isolation
in security cells’). Tidsskrift for Norsk Psykologforening, 43, 30–33. See Table 2, p. 32.
204 Directorate of the Norwegian Correctional Service (2002). Guidelines to the Execution of Sentences Act and its Regulations, section 38.7.
Revised version of 15 March 2019.
65
Apart from that, the supervision protocols show only
brief exchanges on practical matters such as food or
medication. There are few examples in the supervision
protocols of inmates having been followed up actively,
motivated in conversations or otherwise given human
support or means to end the stay in the security cell.
Among other things, we have pointed out in several
reports that, where reasonable in terms of security,
security cell inmates should have the possibility of
accessing open air, particularly when their stay is of
more than 24 hours’ duration.205 The possibility of being
out in the open air will also contribute to a degree of
normality, establish good communication and ensure
the quickest possible return to an ordinary prison cell.
‘They came every 30 minutes,
but when you have been there for
a long time, you lose all track of
time. I learnt to listen for steps and
calculate when they would return’.
Inmate interviewed by the NPM
As a rule, only senior prison officers are permitted to
unlock the cell door. Any conversation with an inmate
during supervision will therefore take place through the
hatch or vent in the door. The practice is even stricter
in some prisons in that only the senior prison officer is
permitted to open the hatch. Communication between
supervisory staff and inmates must then take place by
making signs or shouting through a reinforced glass pane.
12:10: Lay on his right side. Asked
inmate whether he would like a
slice of bread. The inmate did not
answer the question.
Excerpt from security cell protocol
‘They just come and look through
a glass pane, but they don’t speak
with you. They don’t ask how you are’.
Inmate interviewed by the NPM
Our findings show that practice varies between prisons
as regards how often senior prison officers visit the
security cells. As a rule, this happens once or twice per
shift. The intervals are in any case several hours long.
In one prison, the protocol showed that in most cases
conversations with the senior prison officer took place
once a day. This meant that there was in fact an interval
of 24 hours between each assessment of whether the
measure should be lifted.
In our experience, based on our own observations as
well as reviews of supervision protocols, the lack of
human contact and positive sensory input can create
precarious situations for security cell inmates. In one
prison, the supervision protocol showed that, after a
lengthy period of time, one security cell inmate had
smeared the cell window with faeces. Despite this,
the inmate was not permitted to take a shower until
approximately 24 hours later. It was clear from the
supervisory protocol that the inmate both ate and
slept in the cell with the window and door smeared
with faeces. The same serious conditions have been
found to exist in other prisons. In some of these cases,
inmates have had to wait long for the cell to be cleaned,
even if they have requested that this be done.
13:47: The inmate is lying on his
back on the right-hand side of the
cell. He has written on the wall with
faeces, thrown some faeces under
the door. In general, a lot of faeces
on the walls. 26 degrees Celsius.
Excerpt from security cell protocol
205 The Parliamentary Ombudsman’s reports after its visits to Vadsø Prison 10–11 May 2016 p. 14; to Trondheim Prison 17–19 March 2015, p. 9; to
Åna Prison 13-15 November 2017, p. 28; to Ullersmo Prison 29–31 November 2017, p. 23.
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