fundamental and human rights
�.� national preventive mechanism against torture
the housing of remand prisoners. However, separating remand prisoners from other prisoners is a
principle clearly prescribed by national legislation
and international recommendations, which is
based on the presumption of innocence. The Deputy-Ombudsman noted that the placement of remand prisoners had not been done according to
the law, or even according to the prison’s own
placement instructions or the unit division specified in the daily schedule. In the case of female
remand prisoners, a further error had been committed in placing them in the same cells with
convicted prisoners (4653/2018).
Time spent outside the cell
The Ombudsman’s decisions and international
recommendations have for a long time been based
on the premise that prisoners should be permitted
to spend a reasonable amount of time, and no
less than eight hours per day, outside their cells.
During that time, they should be able to engage
in meaningful and stimulating activities, such as
work, rehabilitation, training and exercise.
After the visit, the NPM asked the prison to provide a report on how many hours of activities the
prisoners had attended in a certain week. The
situation appeared to be quite good on weekdays,
when the majority of prisoners spent more than
eight hours per day out of their cells. In the weekends, however, the situation was clearly worse.
In addition, the female prisoners’ extremely poor
ability to function set limits on their placement
in activities. The Deputy-Ombudsman noted that
open units were difficult to achieve merely by
increasing the amount of activities. The Deputy-Ombudsman did not see why cell doors could
not be open also when there was no organised
or supervised activity going on in the unit
(4653/2018).
Depending on the unit, the prisoners had the
opportunity to spend from three to five hours out
of their cells each day. In addition, the prisoners
of two units were not permitted to visit the prison
shop, but had to order the products they wanted
(5563/2018).
A default prisoner is a person serving a conversion
sentence in lieu of an unpaid fine. A conversion
sentence is passed for a person sentenced to a fine
if efforts to collect the fine have been unsuccessful. The placement of default prisoners is subject
to the same provisions as that of convicted prisoners, and they have equal rights to participate in
activities. Not a single default prisoner had been
placed in an activity, however. The unit was the
most closed in the prison, and no activities had
apparently been arranged for the prisoners
(5563/2018).
Smoking ban
The Imprisonment Act permits smoking to be
banned in the accommodation premises of prisoners. If smoking is prohibited in cells, prisoners
must be provided with the opportunity to smoke
in a designated space or in other ways. The Central
Administration Unit of the Criminal Sanctions
Agency decides on the prohibition of smoking in
prisons. It also issues more detailed regulations on
smoking arrangements. On 15 June 2018, the Central Administration Unit issued a regulation stipulating that prisoners were to be allowed to smoke
for a minimum of three times a day at regular
intervals, such as in the morning, afternoon and
evening. Helsinki Prison is the first prison to ban
smoking in its residential premises. The smoking
ban entered into force on 1 August 2018.
Regarding the smoking ban, the NPM focused on
the prison’s practical smoking arrangements as
well as the prisoners’ attitude toward it. The Ombudsman had received several complaints regarding the smoking ban, so the visit did not address
the actual prohibition of smoking. The prisoners
did not have many complaints about not being
able to smoke in the residential quarters anymore.
Instead, they criticised the decisions and practices
related to the prohibition of smoking. Due to the
limited amount of storage space in the units, the
purchase of tobacco products had been limited
to three packs of cigarettes per week by decision
of the prison director. Neither were the prisoners
allowed to roll their own cigarettes anymore,
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