Special Report to the Storting
Document 4:3 (2018–2019)
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9.5 Control of the use of security cells
and restraint beds
Any decision to use coercive measures shall be
reported to the prison governor. All use of coercive
measures shall be reported to the Directorate of the
Norwegian Correctional Service on an annual basis.
Stays in a security cell shall be reported to the regional
level if they exceed three days, and to the Directorate if
they exceed six days.208 Use of restraint beds for more
than 24 hours shall be reported to the regional level, and
any use exceeding 72 hours to the Directorate.
Separate logs shall be kept in connection with all use
of coercive measures. Up until March 2019, when
the Directorate issued new guidelines, there were no
requirements for the content of these logs. This has now
been changed and requirements introduced for logging a
number of important circumstances, including clothing,
supervision, motivational conversations and assessments
of whether the measure should be upheld.209 A requirement has also been introduced for logging the times of all
supervision by the prison health service.
Restraint bed.
In some places, we have found, among other things,
that information is missing about the times of
supervision by the health service. This made it difficult
for both the prison administration and the supervisory
authorities to check whether there had been any
follow-up of the inmate’s state of health. It was
repeatedly found during our visits that administrative
decisions to use a security cell lacked a description
of other, less intrusive measures that had been tried
or assessed.210 In some prisons, the Parliamentary
Ombudsman found administrative decision based on
grounds that were so inadequate that it is doubtful that
they met the stringent requirements for use of security
cells that are laid down by law.211
During previous visits to the prisons, the Parliamentary
Ombudsman has found weaknesses in some of
the logs. There are many instances of incomplete
information. An inmate is for example stated to be lying
in the same position, without any indication of whether
the inmate has been checked for signs of breathing or
movement. Many logs lack a description of how the
inmate has been followed up in conversations. This
is particularly important in order to be able to assess
how the inmate is being followed up, how much human
contact the inmate has and what systematic efforts are
made to bring the stay in the security cell to an end.
In addition to weaknesses in content, we have found
major inadequacies in the logging system. Among other
things, we have found that several different logging
systems are used. The most common form appears
to be that supervision is logged in a separate book
on a running basis. In several prisons, we have found
that pages have been torn out from the log books, or
that there are no page numbers so that it is difficult to
determine whether the log is complete. In some places,
it is uncertain how many days the inmate has spent
in the security cell, because there is no information
about when the stay was terminated. We have also
seen logs according to which all supervision has been
carried out every half hour on the minute. This leaves
the impression that the log was written in advance and
does not reflect actual supervision.
208 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.
209 Directorate of the Norwegian Correctional Service (2002). Guidelines to the Execution of Sentences Act and its Regulations, section 38.7.4.
Revised version of 15 March 2019.
210 The grounds for this must be stated in the decision, see the Public Administration Act Section 25.
211 The Parliamentary Ombudsman’s report after its visits to Bergen 2–8 May 2018, p. 16; and to Trondheim Prison 17–19 March 2015, p. 8.
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In some instances, the log is kept on loose sheets
of paper that are put into a binder together with the
relevant administrative decision. In other places, the
log is kept as a Word document for the duration of the
stay and converted into a PDF file when the stay is
terminated.
Some prisons keep supervision protocols in the
Correctional Service’s computer system KOMPIS.
This means that neither the prison nor the supervisory
council will have access to the information once the
inmate leaves or is transferred from the prison in
question. In one prison, some staff logged supervision
in KOMPIS, while others logged supervision in a
separate book; some logged it in both places, though
the information was not always the same.212
All the solutions have obvious weaknesses as regards
the possibility of internal and external supervision.
Among other things, the Parliamentary Ombudsman
has pointed out that:
‘Use of a security cell or restraint bed should be
logged in such a way as to ensure correct and
complete documentation and prevent any subsequent
corrections’.213
Inadequate procedures and unclear systems for
keeping records have made the prisons’ control of
their own practices difficult, and made it impossible for
supervisory bodies and the Parliamentary Ombudsman
to fully carry out their control functions. In several
prisons visited by the Parliamentary Ombudsman,
the supervision protocols showed that inmates had
been placed in security cells without an administrative
decision. In other places, records of security cell usage
have been missing. This is a very serious matter. It is
the responsibility of central government authorities to
put into place a verifiable system for keeping records of
the use of security cells.
Main findings
The use of security cells and restraint beds entails a
high degree of sensory deprivation and a risk of harmful
effects on health. Our findings include several examples
of situations where the use of security cells can have
extreme negative impact, even after a relatively short
amount of time. They also show that it takes much too
long before inmates receive help to get out of unhygienic and degrading conditions.
Findings from our visits show that inmates do not
receive the help they need from the prison to bring their
confinement to an end as soon as possible. Inmates
can thus be held in security cells for longer than strictly
necessary. Training and guidelines are lacking on how
staff should follow up inmates to ensure maximum
consideration for their welfare and as brief a stay as
possible.
It is particularly censurable that individuals in an acute
life crisis and who wish to harm themselves or take their
own life are placed in a security cell without satisfactory
follow-up. Informed by research, our findings show that
the risk of harm is greater where inmates are confined
on account of a mental crisis.
Inmates who are strapped to a restraint bed risk being
traumatised in an acute life crisis. Close follow-up is
therefore needed. Despite the risk of both mental and
physical harm associated with the use of security cells
and restraint beds, the Execution of Sentences Act and
its Regulations do not contain any requirements for
staff supervision in connection with such measures.214
Inadequate procedures and unclear systems for
keeping records make the prisons’ control of their own
practices difficult, and prevents supervisory bodies and
the Parliamentary Ombudsman from carrying out their
control functions.
212 The Directorate of the Norwegian Correctional Service’s updated guidelines require that records shall be quality-assured by the prison governor
and that the log shall be scanned and saved in Doculive, the Correctional Service’s archiving system. It is not yet clear whether the new guidelines
will address the concerns that the Parliamentary Ombudsman has had about record-keeping.
213 The Parliamentary Ombudsman’s reports after visits to Telemark Prison, Skien branch 2–4 June 2015 p. 12, and Ullersmo Prison 29–31 August 2017,
p. 21.
214 The guidelines as amended in March 2019 now require continuous supervision by prison officers. See 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.
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