Special Report to the Storting
Document 4:3 (2018–2019)
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1.3 Analysis and follow-up
On the basis of analyses and findings, the Parliamentary
Ombudsman issues a report and recommendations
to the place that was visited concerning changes
that should be implemented to reduce the risk of
torture or other cruel, inhuman or degrading treatment
or punishment for those deprived of their liberty.
Prisons that have been visited are given a deadline for
reporting to the Parliamentary Ombudsman on how the
recommendations have been followed up.
and day survey records of less than eight hours spent
outside the cell per day during the period 2015–2018.
›› Number of administrative decisions on the use of
security cells and restraint beds during the period
2008–2018, and information about the duration of
such decisions during the period 2013–2018.
›› Number of administrative decisions and duration of
isolation pursuant to Section 186a of the Criminal
Procedure Act during the period 2001–2018.
The risk of torture or inhuman treatment is influenced
by factors such as legal and institutional frameworks,
physical conditions, training, resources, management
and institutional culture.3 Effective prevention work
therefore requires a broad approach that does not
exclusively focus on whether the situation is in
compliance with Norwegian law.
›› Exclusion of minors for more than three and five days,
respectively during the period 2014–2018.
1.4 Collection of information for this
special report
Total figures were also requested on complete or partial
exclusion from the company of other inmates for the
period 2014–2018, but reliable figures are not available.
In connection with the preparation of this report,
information has been collected in the form of figures
and other written information from the Directorate of
the Norwegian Correctional Service, the Directorate of
Health and the supervisory councils for the prisons.
Information obtained from the Directorate of the
Norwegian Correctional Service includes an overview of
administrative decisions on exclusions and the use of
security cells, isolation by court order and day surveys
on the number of hours spent in the company of other
inmates:
›› Number of administrative decisions and duration
of complete exclusion pursuant to Section 37 of
the Execution of Sentences Act during the period
September–December 2018.
›› Number of administrative decisions on prolonged
exclusions during the period 2015–2018.
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›› Number of transfers for observation/overnight stays
in mental health care institutions pursuant to Section
13 of the Execution of Sentences Act during the
period 2014–2018.
NPM conducting a visit.
The Directorate of the Norwegian Correctional Service
has described known and potential sources of error
associated with the figures.4 The Parliamentary
Ombudsman also detected a number of weaknesses
related to the figures, and supplementary data were
obtained. It has also emerged that some types of
isolation are not based on administrative decisions or
documented in a way that makes it possible to get an
overview of the actual situation. The figures used in this
report must therefore be understood to be minimum
estimates.
We also requested figures fromthe Directorate of
Health on the number of transfers from the Correctional
Service to the healthcare services, and on the duration
of inmates’ stays in psychiatric inpatient wards.
The Directorate stated that it had no available statistics
to show this, and that it did not know whether such
statistics were available at the municipal level or from
the regional health trusts.5
›› Day survey records of less than two hours spent
outside the cell per day during the period 2012–2018,
3
4
5
The UN Subcommittee on Prevention of Torture (SPT): The approach of the Subcommittee on Prevention of Torture to the concept of prevention
of torture and other cruel, inhuman or degrading treatment or punishment under the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, 30 December 2010 CAT/OP/12/6.
Directorate of the Norwegian Correctional Service, Reply to query from the Parliamentary Ombudsman concerning the need for information for
the special report to the Storting, letter of 20 February 2019 to the Parliamentary Ombudsman.
Directorate of Health, Reply to query from the Parliamentary Ombudsman concerning isolation and lack of association with other inmates in
prisons, letter of 11 February 2019 to the Parliamentary Ombudsman.
Cell door.