Special Report to the Storting
Document 4:3 (2018–2019)
52
Inmates in solitary confinement do not normally have
access to the prison’s regular exercise yards, but have to
use confined outdoor spaces, referred to as ‘stråleluft’.
These are small outdoor cells with high concrete walls
and often a steel mesh roof (in some cases a roof that
bars any view of the sky). The cells offer limited views
and allow for only a minimum of physical activity. In
some prisons, the inmates refer to them as ‘dog pens’,
and many say they refuse to use them. Some of these
yards measure no more than 12–13 square metres. In
some prisons, several inmates are taken to the yard at
the same time, but inmates are often let out individually
without any contact with other inmates or staff.
Access to the open air, movement and variation are
especially important for inmates who are locked up for
most of the day. The exercise yards for inmates in solitary
confinement are seldom suited to meeting these needs.
‘They also let me use the gym
nearly every day, even though
it’s not really allowed. I like to
wear myself out, even if I don’t
normally exercise’.
Inmate interviewed by the NPM
‘We had the possibility of
spending one hour outside in
a small room with a mesh roof.
Felt awkward standing in a cage like
that. I didn’t go out for two weeks’.
Inmate interviewed by the NPM
In some prisons, inmates are able to borrow spinning
cycles for use in their own cells, while in others inmates
may be escorted by staff to an exercise room or gym.
Some prisons have separate rooms with spinning
cycles and/or thread mills in sections where association
with other inmates is not possible. In most places, this is a
very limited resource, however, as there are many inmates
and staff have limited capacity to lock people in and out.
Staff in several prisons told us that, because of
being short-staffed, they seldom had the time to
offer as much activity as they would like to. For the
vast majority, few activities are on offer in their own
cells apart from the television, and borrowing books,
magazines or films from the library. In some sections,
inmates are escorted to the library, but most inmates
in solitary confinement have to use request forms
to borrow books. In some prisons, the library service
makes a point of visiting inmates who are excluded
from the company of other inmates. We have also seen
examples of inmates who are allowed to do handwork
or pursue adapted education programmes in their cell.
These are exceptions, however.
Open air cell - “stråleluft”.
171
Execution of Sentences Act Section 2.
It follows from the purpose provision of the Execution
of Sentences Act that the Correctional Service shall
make suitable arrangements for remedying the negative
effects of isolation for remand inmates.171
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The Act also instructs the Correctional Service to prioritise
measures to remedy the negative effects of isolation
for remand prisoners in accordance with Section 186
second paragraph and Section 186a of the Criminal
Procedure Act.172 This particular legal requirement
appears to have borne fruits in the form of more adequate
follow-up of remand inmates who are ordered into solitary
confinement by the courts. In the prisons we have
visited, we have consistently found that there are more
systematic measures in place for this group of isolated
inmates. In most prisons, this is the group that is thought
of when references are made to inmates in isolation.
Some prisons have separate written procedures for
follow-up of remand inmates in solitary confinement,
which include visits to the library and gym, and out-of-cell
time during periods when other inmates are locked up.
The tasks of limited resources such as the occupational
therapist and the recreational unit are in many places
limited to following up remand inmates who have been
ordered into solitary confinement by a court order. At the
same time, remand inmates are often not offered to
spend time with other inmates in the exercise yards or
gym, due to the risk of evidence being destroyed. Hence,
human contact depends entirely on follow-up by staff. In
most cases, inmates who are held in solitary confinement
on such grounds will be entirely alone when spending
time in the exercise yard or gym. Solitary confinement can
therefore be particularly intrusive for this group.
Hatch in cell door.
Notice regarding cell cleaning.
In the report from its visit to Norway in 2018, the CPT
emphasised the potentially harmful effects of isolation
and recommended that all inmates kept in solitary
confinement be offered out-of-cell activities and at least
two hours of meaningful human contact every day.173
Main findings
In general, inmates in solitary confinement have
very little meaningful human contact. Most often,
correctional service staff are the only people who have
contact with these inmates. They have other tasks and
therefore limited possibility of following up inmates.
The balance of power between staff and inmates also
means that staff cannot replace the human contact that
can be achieved by associating with other inmates.
There is too little awareness in some prisons of
the importance of following up all isolated inmates
regardless of the reason for their solitary confinement
and making systematic efforts to reintegrate them in
the prison community.
Inmates in solitary confinement have very limited
possibilities of pursuing meaningful activities, and they
are often left to spend their time outdoors alone in small
exercise cells. Limited follow-up means that inmates in
solitary confinement are exposed to the risk of inhuman
or degrading treatment.
172 Execution of Sentences Act Section 46.
173 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 82.
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