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.

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