Special Report to the Storting
Document 4:3 (2018–2019)
6
7
I
To the Norwegian Storting,
There is broad consensus that solitary confinement and lack of human contact
can cause serious harm and must be limited. At least one in four inmates in
Norwegian prisons are nonetheless locked up in their cells for 16 hours or more
The Parliamentary
Ombudsman's prevention
mandate
on weekdays, and for even longer at weekends.
For several years, Norwegian authorities have been criticised internationally for
their use of solitary confinement. As recently as in June 2018, the UN Committee
against Torture expressed great concern about the extent of prolonged isolation,
and that the conditions for use of solitary confinement were not sufficiently
clear. In the same year, the European Committee for the Prevention of Torture (CPT) visited Norway and
recommended in its report that inmates held in isolation should be offered structured activities and
have meaningful human contact on a daily basis, which they currently only have to a varying degree.
The committee was particularly concerned about the solitary confinement of inmates with mental health
problems.
During the period 2014–2018, the Parliamentary Ombudsman's National Preventive Mechanism (NPM)
has carried out 20 visits to 19 high-security prisons. The purpose of these visits was to prevent inhuman
or degrading treatment of inmates in accordance with the NPM's mandate under the Optional Protocol
to the Convention against Torture (OPCAT).
A consistent finding was that solitary confinement is extensively used and that inmates appear to
be increasingly locked up in their cells. The nature of these findings is so grave that we have chosen
to compile them in this separate special report to the Storting. The purpose is to draw the Storting's
attention to the risk of violation of the prohibition against torture and inhuman treatment that solitary
confinement in prison entails. The findings and recommendations in this report concern several parts
of the public administration. In order for Norwegian authorities to fulfil their state responsibility, it is
essential to coordinate measures to reduce the use of solitary confinement. In the present situation,
Norwegian authorities do not comply with international human rights standards, and individuals
are suffering under the detrimental effects of isolation.
This report consists of three parts. Part 1 contains an overview of methods used, definitions and
The prohibition against torture and other cruel, inhuman
or degrading treatment or punishment is established
in several international conventions that are binding
on Norway.
The UN Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
(the Convention against Torture), adopted in 1984, plays
a central role in this connection. The same prohibition is
enshrined in the UN International Covenant on Civil and
Political Rights (Article 7), the UN Convention on the
Rights of the Child (Article 37), the UN Convention on
the Rights of Persons with Disabilities (Article 15), and
the European Convention on Human Rights (Article 3).
Norway has ratified all these conventions.
Individuals deprived of their liberty are sensitive
to violations of the prohibition against torture and
inhuman treatment, which is why the UN adopted an
Optional Protocol to the UN Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or
Punishment (OPCAT) in 2002.
a summary of what is currently known about the detrimental effects of isolation. Part 2, the main part
of the report, summarises and explores in greater depth our findings under the prevention mandate
relating to solitary confinement and restrictions on association with other inmates. Part 3 consists
of recommendations on measures to reduce the use of solitary confinement.
Oslo, 18 June 2019
Aage Thor Falkanger
Parliamentary Ombudsman
1
Section 3a of the Parliamentary Ombudsman Act.
Norway ratified the Optional Protocol in 2013. It obliges
the State parties to set up bodies to protect persons
deprived of their liberty from torture and other cruel,
inhuman or degrading treatment or punishment.1
The Parliamentary Ombudsman was given this task,
and a separate National Preventive Mechanism (NPM)
was set up as part of the Parliamentary Ombudsman’s
office in 2014.
Under the OPCAT mandate, the Parliamentary
Ombudsman has access to all places where people
are deprived of their liberty and access to all necessary
information with a bearing on the conditions of
detention. The National Preventive Mechanism visits
places where people are deprived of their liberty, such
as prisons, police custody facilities, mental health care
institutions and child welfare institutions. The visits can
be both announced and unannounced.
In its endeavours to fulfil the prevention mandate,
the Parliamentary Ombudsman also engages in
extensive dialogue with national authorities, inspection
and supervisory bodies in public administration,
civil society and international human rights bodies.