MEASURES IN C ASE OF A SUSPEC TED OR CONFIRMED INFEC TION
so-called quarantine departments where detainees with
suspected or confirmed infections of Covid-19 could be
placed. The management’s view was that staying in such a
department does not entail a restriction of the detainees’
rights and that no decision, therefore, is required for a
placement there.
Parliamentary Ombudsman Per Lennerbrant stated that
the premise should be that a detainee with a suspected
or confirmed infection of a disease posing a danger to
the public is given the opportunities to take the responsibility that they are obliged to take in accordance with
the Communicable Diseases Act. This means that the
Swedish Migration Agency needs to make the necessary arrangements so that a person suspected of being infected does not reside with other detainees for the time
required to confirm that the detainee does not risk transferring the infection to others. The Parliamentary Ombudsman then stated the following:11
“A premise should be that a detainee suspected of
being infected does not reside with a person who
is confirmed as infected. In the preventive work to
prevent the spread of infection, the agency, therefore, needs to ensure that people suspected of being
infected do not spread the infection between each
other but are also not exposed to infection by people confirmed as infected. In order to reduce the
risk of the spread of infection, the detainees should,
if possible, be allocated their own living areas and
hygiene facilities and be given the opportunity to
maintain a physical distance in common areas.”
11 See the Parliamentary Ombudsman’s decision of 9 October 2020, ref. no. O 182020.
3
Furthermore, the Parliamentary Ombudsman stated that
the measure of moving a detainee to a quarantine department may mean that they temporarily reside there
alone. Staff, therefore, need to take measures to ensure
that detainees understand that this is a voluntary measure. It is important that staff document the circumstances
surrounding the measure to move a detainee as well as
the detainee’s willingness to do so.
The National Board of Forensic Medicine
At the time of the inspections of the National Board of
Forensic Medicine’s examination divisions, the division
in Stockholm had had two patients who were suspected
of being infected with Covid-19. They stayed for a limited time voluntarily in their living areas separate from
other patients. According to the management of the National Board of Forensic Medicine, it is preferable for
patients to participate voluntarily in measures taken to
counteract the spread of infection. The management stated, however, that it would be good to clarify what level
of coercion is possible to take in accordance with the legislation that applies to the National Board of Forensic
Medicine’s activities.
Chief Parliamentary Ombudsman Elisabeth Rynning
stated that the fact that a person has been deprived of
their liberty does not, of course, mean that they are thereby considered to lose their
ability to fulfil the obliga- It is doubtful how far
tions that may be incum- it is possible to rely on
bent on everyone in socie- voluntariness when a
ty. On the other hand, with
person is detained
regard to measures that are
more generally considered as requiring a special legal basis, in activities such as prison care or other compulsory
– 19 –
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents