Special Report to the Storting
Document 4:3 (2018–2019)
74
In the case of inmates held in a security cell or restraint
bed, the guide states that the health and care service
should provide the inmate with health and care services
if the inmate or the Correctional Service so requests.233
This is neither in line with the European Prison Rules
nor the UN’s Nelson Mandela Rules.234 It is problematic
because medical follow-up of the inmate is dependent
on notification of the health service by prison staff.
The guide does not take into consideration that the
inmate is denied the possibility of contacting the health
service directly. We have found examples in several
prisons of failure on the part of the health service to
look in on an inmate in a security cell or restraint bed
to assess the need for medical assistance, in spite of
a documented request from the inmate.
The vast majority of prison health services lack
procedures to ensure that all inmates held in isolation
get such supervision at least once a day, regardless
of whether this is requested by the prison staff.
Medical follow-up of inmates in solitary confinement
is particularly poor outside the prison health service’s
office hours, during evenings and at weekends. We have
also seen a failure to carry out systematic health
checks of inmates in solitary confinement during the
prison health service’s office hours. Lack of checks
by medical personnel in connection with the use of
security cells was criticised by the European Council’s
Committee for the Prevention of Torture after its visit
to Norway in 2018. The CPT recommended that steps
be taken to ensure that a member of the prison health
service always visit persons who are confined to a
security cell or restraint bed as soon as possible after
being informed of the placement and at least every day
until the placement ends. This should be systematic
and in no case depend on the opinion of the prison
staff. The recommendation was sent to all the prisons
visited by the committee, and to other prisons where
measures are required.235
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Lack of medical supervision
At Åna Prison, the local accident and emergency
unit was responsible for follow-up after 15:00 on
weekdays and during weekends. A prison doctor
was only available three days a week. The staff
could not recall any instance of a doctor from the
accident and emergency unit being called to a
security cell when such cells were used outside
the prison health service’s office hours.
A review of the supervision protocols showed that
there had been a number of complaints of pains
or injuries on the part of inmates, but it was not
noted that medical personnel had been called.
On the contrary, inmates had been told that they
had to wait until the medical personnel were due
to work. In some cases, several days passed
between visits from medical personnel, including
in cases where the inmate clearly suffered from
major mental health problems or had notified
of physical injuries. In one case, the inmate had
repeatedly requested medical attention. No health
service visit was noted in the log until the inmate
was transferred to another prison six days later. In
another case, an inmate was placed in a security
cell after having set fire to his own cell. The
inmate had respiratory problems after inhaling
smoke and fumes from the fire and was checked
by the accident and emergency unit. No visits
from medical personnel were noted in the log
during the following four days after the fire. Those
four days coincided with a public holiday.
Doctor´s office.
10.4 Need for more knowledge and staff
training
Many inmates have complex medical issues that
require special competence. The municipal authorities
are responsible for primary prison health services.
In many municipalities, the prison health service does
not have a doctor in a permanent position, while others
have a doctor in a very limited part-time position or for
only a short period. There is currently limited contact
between the health services in different prisons, and
there is no common platform in the form of a national
centre of competence or a professional network to
support the exchange of experience and development
of the professional quality of these services.
The Parliamentary Ombudsman’s visits have shown
that there is a need for more knowledge and training of
medical personnel employed by the prison health service.
This applies to an even greater degree in the case of
employees in municipal accident and emergency units,
who are responsible for following up inmates in solitary
confinement outside the prison health service’s office hours.
Main findings
Our findings show widely varying practices between
different prisons as regards the prison health
service’s follow-up of inmates who are held in solitary
confinement, among other things because the
organisation of the health service differs.
It is important to notify and keep the health service
updated as regards inmates in solitary confinement.
There are weaknesses in the notification procedures
in several prisons.
233 The Directorate of Health (2013). Veileder for helse- og omsorgstjenester til innsatte i fengsel (‘Guide to health and care services for prison
inmates’), p. 47.
234 See the Nelson Mandela Rules, Rule 46(1), and the European Prison Rules Rule 42.2.
235 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 107.
Highly experienced as well as less experienced prison
doctors often agree that there is a need for increased
knowledge and competence about the health of prison
inmates. This is particularly important as regards the
detrimental effects of isolation and the duty of medical
personnel to safeguard the health of inmates who are
held in solitary confinement.
The Norwegian regulatory framework and practice
are not in accordance with international human rights
standards as regards daily medical supervision of
inmates in solitary confinement. We have found a
number of instances in which inmates, some suffering
from severe health problems, have served in solitary
confinement for a long period without being attended
to by medical personnel.
There is a great need for increased knowledge and
training of medical personnel charged with caring
for inmates in solitary confinement.
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