CAT/C/SWE/CO/2
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The State party should take appropriate measures to further reduce the imposition
of restrictions as well as their length. The Committee is of the view that restrictions
should always be based on concrete grounds, individualized and proportionate to the
case at hand and lifted immediately when the grounds for their imposition no longer
exist. As an exceptional measure, they should be interpreted narrowly, and in case of
doubt, in favour of the individuals. Furthermore, the Committee notes that the
Government has recently enjoined the Prosecution Authority to account, by the end
of the year, for the number of persons in detention in 2008 and the number of cases
where restrictions have been imposed and encourages the State party to submit this
information to the Committee.
Coercive measures, including physical restraints and isolation
17.
The Committee regrets that the State party could not provide aggregated data on the
average length of the use of physical restraints or isolation in psychiatric institutions and hospitals.
However, it notes that the National Board of Health and Welfare is currently preparing an on-line
register for compulsory mental care and forensic mental care with the aim, inter alia, to produce
reliable statistical data on the use of coercive measures. (arts. 11 and 16)
The State party should review the use of physical restraints and further limit the use
of solitary confinement as a measure of last resort and for as short a time as possible
under strict supervision. The State party is encouraged to complete the on-line
register as soon as possible.
Prompt and impartial investigations
18.
The Committee notes that the National Police-related Crimes Unit was established in 2005
and that the 2007 report “Summa Summarum - an independent authority for investigations of
criminal allegations against police officers and prosecutors?” did not recommend the establishment
of an independent authority for such investigations but rather a more clearly separated unit for
internal investigations within the police. However, the Committee is concerned at information that
the basic precepts of independence, effectiveness and promptness may not have been observed in
all cases of complaints of police misconduct. (arts. 12 and 16)
The State party should strengthen its measures to ensure prompt, impartial and
effective investigations into all allegations of torture and ill-treatment committed by
law enforcement officials. The Committee is of the view that such investigations
should not be undertaken by or under the authority of the police, but by an
independent body.
19.
The Committee notes that Swedish courts have jurisdiction with regard to all
crimes committed by Swedish troops deployed abroad in the course of duty, regardless of the law
of the state where the criminal act may have been committed. The Committee also takes note of the
information provided by the delegation in respect of the incident that took place during the
international UN/EUFOR Operation Artemis in the Congo in 2003. However, the Committee
expresses its concern at allegations that a prisoner was tortured by French soldiers in the presence
of Swedish soldiers and that the State party did not call for a prompt and impartial investigation in
this respect. (arts. 5 and 12)