56
8.1 Inmates who chose solitary
confinement (self-isolation)
During our visits, we often meet inmates who have
chosen to withdraw from the prison community. Many
of them do not feel safe in the communal sections,
either because they suffer from mental health problems,
feel that the environment is unsafe or as a result of threats
from other inmates. We have found that the extent of
self-isolation varies greatly between different prisons.
As described in section 4.3 Harmful effects in particularly
vulnerable individuals, a very high proportion of inmates in
Norwegian prisons suffer from mental health problems.
Many inmates with whom the NPM has spoken have
mentioned that they choose solitary confinement because
of mental health problems. It appears that several of
these inmates have an unmet need for treatment. Lack of
follow-up of this group can place further burdens on the
individual (see section 8.2 Solitary confinement of inmates
with mental disorders and a low level of functioning).
I felt insecure in the exercise
yard. I felt threatened and didn’t
want a beating. Just want to
finish serving my sentence;
something to do with my past
and my anxiety; I feel I have to
watch out all the time.
Inmate interviewed by the NPM
We have also found that some inmates are afraid to
participate in the prison community because they find
some of the other inmates aggressive and unpredictable, and some have experienced harassment and
violence in the communal sections. Convicted sexual
offenders are often referred to as particularly likely to
suffer such episodes. In some prisons, we have also
found that transgender individuals choose isolation
because they feel insecure in the communal sections.
Some inmates say that little human contact makes them
feel insecure in the communal areas. To gain control of
the situation, they choose complete isolation instead.
Special Report to the Storting
Document 4:3 (2018–2019)
Even if an inmate has been placed in isolation by his or her
own request, the choice may have been made because the
alternative was perceived as impossible or very difficult.
Hence, inmates who chose isolation because they feel
insecure will also be prone to suffer harmful effects of
isolation. See also section 6.3 Solitary confinement by
choice, on the prison administration’s responsibility for
creating communal sections that are perceived as safe
enough for inmates to come out of self-isolation.
8.2 Solitary confinement of inmates with
mental disorders and a low level of
functioning
After the examination by the UN Committee against
Torture in 2018, the committee concluded that too many
inmates with mental health disorders were being placed in
solitary confinement in Norwegian prisons, and that their
condition was worsening as a result of this.183 During our
visits to high-security prisons, we regularly meet inmates
whose level of functioning is so low that they are only
able to participate in an ordinary social regime to a very
limited degree. They are therefore moved to restrictive
units with little or no access to association with other
inmates. In many cases, the development in their state
of health gives cause for concern, and, for some, there is
a gradual d
eterioration in their level of functioning while
serving in this type of unit. Some troubling information
has emerged in latter years about a group of particularly vulnerable individuals with severe mental health
problems who serve their sentence in isolation for
months and years on end. Ila Detention and Security
Prison has been mentioned in particular. Our findings
confirm the precarious situation of these individuals.
At the same time, we have found that the situation is
similar for individuals in a number of other prisons.
We have met individuals with low communication skills
who are unable to attend to their personal hygiene
or keep their cells clean. Some have a high level of
aggression, which makes contact with officers and
other inmates difficult. In some cases, their behaviour is
clearly odd or bizarre, with symptoms of severe mental
disorders. Several of them have been excluded from the
company of other inmates for a very long time, in some
cases for months and even years. In some of these
cases, we have nonetheless found that they have not
been diagnosed by the health services.184
183 The UN Committee against Torture’s concluding observations on Norway’s eighth periodic report on the implementation of the UN Convention
against Torture (CAT/C/NOR/CO/8), paragraphs 19–20.
184 The NPM has professional health personnel on its staff and is often accompanied by external medical experts during its visits. The NPM does
not make any diagnoses of inmates during its visits, but its combined expertise enables it to say something about the inmate’s current situation,
state of health and development, based on both meetings with the inmate and reviews of the documentation.
57
For a number of them, questions can be asked about
whether the real reason behind their extended exclusion
from company is the deterioration of their mental state
resulting from solitary confinement. Findings from our
visits also give cause for concern that some of the
inmates held in prolonged solitary confinement suffer
from some degree of mental disability. This makes them
particularly prone to end up in solitary confinement and
particularly vulnerable to the effects of isolation (see
section 4.3 Harmful effects in particularly vulnerable
individuals). Our findings also indicate that some of the
inmates with mental health problems and a low level of
functioning who are held in solitary confinement for a
long time come from minority backgrounds and have
poor Norwegian and English language skills. This creates
further challenges for attending to their well-being,
challenges that must be addressed by both the prisons
and the health services. The findings also give cause for
serious concerns about whether the risk of being held in
solitary confinement is increased by language problems
and other circumstances associated with their minority
backgrounds. In some cases, it gives cause for concern
about whether there is too little knowledge about possible war, torture-related and other traumas that the inmate
may have suffered in the past. We have on numerous
occasions visited cells where inmates are held in solitary
confinement under highly censurable conditions.
‘Both the walls and floor were filthy.
The floor, radiator and window sill
were covered in bits of food and
cigarette butts from several weeks’
consumption. The smell also
told us that the cell had not been
cleaned for a long time’.185
Inmates are tasked with cleaning their own cells, but
some of them are not capable of ordinary cleaning. They
depend on the assistance of other inmates or prison
officers. In several instances, we have visited cells of
inmates in solitary confinement whom neither the prison
nor the health service seem to have provided adequate
care and follow-up as regards cleanliness and personal
hygiene. As a result, these inmates serve their sentences
under degrading and potentially harmful conditions.
Ordinary prison measures appear to work poorly for
these inmates. Inmates do not appear to be able to
change their behaviour while the prison escalates its
security approach to the staff’s contact with them. For
example, the presence of a certain number of prison
officers equipped with various forms of protective
equipment may be required whenever the cell is
unlocked. This means that contact with the inmate
is heavily demanding on resources and sometimes
contributes to further solitary confinement of the
individual concerned.
In its standards for the use of security sections, the CPT
points out that there will always be inmates who may
pose a special security risk, having regard to what they
are convicted of, how they cope with life in prison, or their
psychological profile. It is this very profile that puts them at
particular risk of suffering ill-treatment. The CPT stresses
that this is a group that it is particularly concerned about,
because the need for implementing special measure
entails a higher risk of inhuman treatment.186
8.3 Lack of medical assistance to inmates
with severe functional impairments in
prolonged solitary confinement
Inmates with mental health problems and functional
impairments have a particular need for follow-up by the
prison health service.
We have observed, however, that follow-up of inmates
can be further complicated by the fact that they often
withdraw and do not want to have contact with prison
officers or the health service. Medical personnel find
it difficult to provide medical care to these inmates
despite repeated attempts. As described in section
4.1 Harmful elements of solitary confinement, it is not
uncommon for inmates to be unaware of or refuse
help with problems caused by isolation, and that they
withdraw from any contact offered during their period
of solitary confinement. Some of these situations can
start with exclusion as a result of disturbing the peace
and end up with self-isolation.
Where an inmate is deemed to possibly suffer from a
severe mental disorder and in need of mental health
care, transfer to a psychiatric inpatient ward may be
relevant. An inmate may also be involuntary admitted
for observation and treatment by the specialist health
services where the conditions for this are met.187
185 The Parliamentary Ombudsman’s report after its visit to Ullersmo Prison, 29–31 August 2017, p. 26.
186 Council of Europe: Committee for the Prevention of Torture (CPT), The CPT standards, 8 March 2011, CPT/Inf/E (2002) 1 – Rev. 2010.
187 The Mental Health Care Act Sections 3-2 and 3-3.
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