SUMMARY OF THE PARLIAMENTARY OMBUDSMEN’S CONCLUSIONS
Parliamentary Ombudsman Thomas Norling made a
similar statement in his decision following the investigation of the National Board of Institutional Care.
8.2 The possibilities to separate inmates in
order to counteract the spread of
infection
All of the agencies investigated have introduced routines, at short notice, for how staff should act in the event
of a suspected or established Covid-19 infection. During
the investigation, however, it has emerged that there was
some uncertainty concerning how staff should act. Following the investigation of the National Board of Institutional Care, Parliamentary Ombudsman Thomas Norling
stated that the agency had applied the provisions on separate care in a way that was very dubious.
The investigation carried out by Chief Parliamentary
Ombudsman Elisabeth Rynning of the National Board
Since a person deprived of Forensic Medicine’s forensic psychiof their liberty is in a vul- atric examination
nerable situation, there is divisions raised the
a significant risk that vol- question of how far
unteering will become an the Communicable
Diseases Act’s proillusion
visions on voluntary
measures can be applied in situations where a person is
deprived of their liberty, without risking to undermine
the rule of law. In particular, this applies to agreements
that can be perceived as the waiving of a constitutionally
protected right. Since a person deprived of their liberty
is in a vulnerable situation, there is, in the opinion of the
Chief Parliamentary Ombudsman, a significant risk in
this context that voluntariness becomes an illusion. This
8
applies not least in relation to people susceptible to, or
with diagnosed, mental disorders that may affect their
decision-making abilities.
It is possible for the agencies under investigation to
separate inmates in certain situations. Following his investigation of the Swedish Migration Agency, Parliamentary Ombudsmen Per
A decision to separate
Lennerbrant stated that cannot replace measures
he did not rule out that
a situation may arise under the Communicable
Diseases Act
where an inmate, who
is suspected or confirmed to be infected with a disease
posing danger to the public and who, for example, displays behaviour that risks exposing others to infection,
constitutes such a danger that there exists a legal basis for
a decision on segregation. However, such a decision can
only be aimed at averting a fast arising and potentially
dangerous situation. In the Parliamentary Ombudsman’s
view, it must not therefore be the case that the agency
routinely takes decisions on segregation as a measure to
counteract infection. Nor can a decision on segregation
replace the measures that may need to be taken in line
with the Communicable Diseases Act. Chief Parliamentary Ombudsman Elisabeth Rynning and Parliamentary
Ombudsman Thomas Norling made similar statements in
their respective decisions.
Against this background, Chief Parliamentary Ombudsman Elisabeth Ryn- Well-functioning crisis
ning pointed out that
management is based
an agency responsible
for people deprived of on, inter alia, having the
their liberty is depenpreconditions in place
dent on the existence of
for good cooperation
well-functioning cooperation with the regions’ infectious diseases doctors who
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