6
RESTRIC TIONS ON VISITS AND LEAVE
the Enforcement of Secure Youth Care and the Care
of Young Persons Act have been allowed to receive
visits during the period for which the decision on
general visiting restrictions applied.”
apply for visits. For the same reason, there was a risk that
the staff had the misconception that they did not need
to assess such applications. The Parliamentary Ombudsman then stated the following:9
The Swedish Migration Agency
At the Parliamentary Ombudsman’s initial dialogue meeting, the management of the Swedish Migration Agency
stated that they had made the assessment that there was
no legal basis for the agency to be able to decide on a
general ban on visits to detention centres. On 15 March
2020, the Swedish Migration Agency took an administrative decision to limit temporarily the possibility for
detainees to receive visits. This restriction meant that
only legal representatives were given the opportunity to
visit a detainee. In a risk analysis attached to the decision, it was stated, inter alia, that a decision would be
provided once an inmate had applied to receive a visit.
The Swedish Migration Agency also produced an information sheet for detainees concerning the visiting restrictions. It stated the following:
“Due to the Public Health Agency of Sweden’s recommendations aimed at reducing the spread of the
corona virus, we will temporarily limit the possibility of visits to the detention centre. We do this out of
consideration for the detainees and our employees.
The decision is valid until further notice. “
Parliamentary Ombudsman Per Lennerbrant stated that,
in his opinion, there was an obvious risk that this information provided to the detainees could be perceived as
the Swedish Migration Board having introduced a general ban on visits and, as such, detainees not being able to
“In my opinion, however, it is inappropriate to give
instructions in the way that the Swedish Migration
Board has done, as they can be perceived as a general decision on visiting restrictions, which in turn
risks leading to detainees not receiving an individual assessment of their right to receive visits and
appeal any subsequent decision. The Swedish Migration Agency needs to consider how it can ensure
that detainees’ rights to receive visits are processed
in accordance with the prevailing rules.”
The Parliamentary Ombudsman also stated that there
was reason for the legislator to consider whether the provision in the Aliens Act fully corresponds to the need for
visiting restrictions due to any infection control reasons
that may arise as a result of an epidemic.
The National Board of Forensic Medicine
In connection with the investigation of the National Board of Forensic Medicine, it emerged that, at the beginning of July 2020, the agency had only considered a few
applications to receive visits. In one of the decisions, the
agency had only stated the very high risk of the spread
of Covid-19 as the reason for the refusal. Chief Parliamentary Ombudsman Elisabeth Rynning emphasised the
importance of stating in the assessment which factual
circumstances exist which then mean that the prerequisites in the invoked law are deemed satisfied.
9 See the Parliamentary Ombudsman’s decision of 9 October 2020, ref. no. O 182020.
– 44 –
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