Special Report to the Storting Document 4:3 (2018–2019) 48 7 Prisons’ follow-up of inmates in solitary confinement As documented in Chapter 6 Extensive use of solitary confinement and restrictions on association with other inmates, a large number of inmates spend much of the day in their own cells. The State has a duty to ensure that they can associate with other inmates, participate in activities and have meaningful human contact. For the group of inmates who are already isolated, it is the State’s responsibility to ensure that necessary measures are put in place to prevent the harmful effects of isolation and put an end to their solitary confinement as soon as the conditions for it are no longer met. Both the correctional service and the health service are responsible for ensuring that inmates do not suffer inhuman or degrading treatment. The responsibility of the health service is described in section 10.3 Medical follow-up of inmates in solitary confinement. Human rights standards on following up inmates in solitary confinement The prison administration shall take measures to alleviate the potential detrimental effects of isolation on inmates who are or have been in solitary confinement or otherwise excluded from the company of other inmates.160 This ­includes giving inmates access to meaningful human contact, for example by facilitating more visits and access to social activities with other inmates, by arranging talks with social workers, psychologists, psychiatrists, a chaplain/imam, or representatives of non-governmental visiting and support organisations.161 Inmates placed in solitary confinement should be subject to no more restrictions than are necessary for their safe and orderly confinement.162 In cases of prolonged solitary confinement, special measures should be taken to follow up inmates and limit the harmful effects of isolation and ensure that such confinement is terminated as soon as possible. The following was pointed out by the CPT after its visit to Norway in 2018: ‘The longer the measure of complete exclusion from company continues, the more resources should be made available to attempt to (re)integrate the prisoner into the main prison community’. 163 An individual plan should be drawn up for inmates who are kept in solitary confinement for preventive purposes, based on the grounds for the measure and facilitating re-engaging with the prison community.164 This plan should attempt to maximise contact with others – staff initially, but as soon as practicable also with appropriate other inmates. The plan should include as full a range of activities as possible, in which staff should encourage inmates to partake. The plan should also facilitate re-engaging with the normal regime. Measures of this kind mentioned in the Correctional Service’s guidelines include contact with the prison chaplain and visitors.165 160 The Nelson Mandela Rules, Rule 38(2). This rule does not distinguish between solitary confinement, i.e. more than 22 hours without meaningful human contact, and varying degrees of exclusion from the general prison population. 161 Essex paper 3: Initial guidance on the interpretation and implementation of the Nelson Mandela Rules, p. 92 ff. 162 Council of Europe: Committee for the Prevention of Torture (CPT), 21st General Report, 10 November 2011, CPT/Inf (2011) 28, paragraph 61. The European Prison Rules, Rule 4. 163 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. 164 Council of Europe: Committee for the Prevention of Torture (CPT), 21st General Report, 10 November 2011, CPT/Inf (2011) 28, paragraph 75(c). 165 Directorate of the Norwegian Correctional Service (2002). Guidelines to the Execution of Sentences Act and its Regulations, section 37.20. Revised version of 2 April 2019. 49 ‹ 7