Special Report to the Storting
Document 4:3 (2018–2019)
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These include situations in which inmates choose to
be excluded without having signed the appropriate
declaration, and situations in which daily association
with other inmates is very limited due to building or
staffing conditions of a non-urgent nature. Hence, they
are not included in the figures.
Because of the lack of reliable figures, previously
published statistics on decisions on complete or partial
exclusion have been left out of this report. Excepted
is information about particularly prolonged exclusions
for the period 2015–2018 and the overview of
administrative decisions on complete exclusion during
the period September–December 2018. These figures
are based on separate reporting schemes.104
5.2 Sources of error in day surveys
The Correctional Service has conducted nationwide
day surveys since 2012 for the purpose of obtaining a
more accurate picture of how often and for how long
inmates are locked up in their cells. During the period
2012–2018, 19 surveys were carried out on randomly
selected weekdays at four-month intervals. In 2018,
one day survey was also carried out at the weekend.
The surveys are conducted by the Correctional Service
Region South, and the regional offices are tasked
with obtaining and assuring the quality of the figures
obtained from the prisons in their respective regions.
The surveys entail reporting by each individual prison of
the number of inmates who have no association with
other inmates on that particular day, and the number of
inmates who have less than two hours’ association with
other inmates. As from 2015, the number of inmates
with between two and eight hours’ association with
other inmates is also reported.
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There are a number of sources of error associated with
the Directorate of Correctional Service’s day surveys.
Weaknesses related to the method, such as the low
number of survey points (three per year), leave room for
random variations, and also prevent the figures from
giving a representative picture of the extent of isolation
and exclusions in Norwegian prisons.
There have been no surveys conducted systematically
on weekends, and the category ‘2–8 hours out of cell’
provides no information about the distribution within
this category. It is substantially more intrusive and
harmful to have 2–3 hours out of cell per day than
7-8 hours.
In our review of the day surveys, we have found that
there are no adequate procedures for quality assurance
of the figures. Among other things, we have found that
reported data from some prisons is lacking. Several
prisons have also reported figures for the number of
inmates with restrictions on association with other
inmates that are clearly lower than what we, based on
our visits, have reason to believe is actually the case.
5.3 Uncertain figures on the use of security cells
Concerning the use of security cells, we have reviewed
figures for the period 2008–2018 and information about
the duration of administrative decisions for the period
2013–2018. In the process, we found incorrect records
of such use, and the figures also did not tally with
our findings on the use of security cells made during
visits to individual prisons. This makes it reasonable to
assume that the number of administrative decisions on
the use of security cells is also uncertain, and that the
actual figure is probably higher.
Signs for marking cell doors.
Main findings
Our collection and review of figures show that there is no
reliable overview of the extent of solitary confinement in
Norwegian prisons. There are significant sources of error
associated with many of the available figures.
This means that the responsible authorities do not
have access to information necessary to enable
consideration of measures to reduce the use of solitary
confinement and limit its harmful effects.
104
Prolonged exclusions are reported in accordance with statutory deadlines; see Section 37 fifth paragraph of the Execution of Sentences Act.
The figures showing the number of administrative decisions pursuant to Section 37 during the period September–December 2018 are based on
the manual reporting scheme.
It is highly censurable that, more than 20 years after
the Standing Committee on Justice requested such
figures, the governmental authorities still lack a reliable
overview of the extent of isolation in Norwegian prisons.
The figures used in this report must therefore be
understood to be minimum estimates throughout.
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