REMAND
2
As a main rule, an inmate in a remand prison has the
right to be placed in his or her own cell. However, two
or more inmates may be placed in the same cell if it is
necessary due to lack of space or for other special reasons
(chap. 2, § 1 HäL). A further premise is that inmates of
different sexes should not be placed together. It is possible to deviate from this rule if the inmates agree and it
is deemed appropriate (chap. 2, § 2 HäL). An inmate who
is under 18 years of age may not be placed with inmates
over 18 years of age, unless it is considered to be in his
or her best interests (chap. 2, § 3, first paragraph HäL).
As a main rule, an inmate in a remand prison must be
provided with the opportunity to associate with other inmates during the day (chap. 2, § 5, first paragraph HäL).
Likewise, inmates in regular prisons have, as a main rule,
the right to associate with others during the daytime
(chap. 6, §§ 1 and 2 FäL).
Neither the Prisons Act nor the Remand Prisons Act
clearly define the meaning of the term “association.” Nevertheless the Parliamentary Ombudsmen has stated the
term “association” is based on the premise of inmates
spending time together with several other inmates. This
means, for example, co-sitting (two inmates sitting together) does not mean they are associating with others. If
an inmate does not associate with other inmates during
the day, then he or she is considered segregated. In the
opinion of the Parliamentary Ombudsmen, this means
that a department must consist of at least three cells for
the basic requirements in the legislation that inmates
must have the right to associate with other inmates are
met.5
With regard to inmates in prisons, there are provisions
regulating the times of day inmates are to be locked in
their cells and times when they can associate. In a security class 1 or 2 prison, inmates can be locked in their cells
from 19:00 to 8:00. In addition to the times for locking
and unlocking a prison department, an inmate may not
be locked up for more than twelve hours per day. The regulations for a security class 3 prison allow for inmates to
be locked up within the department between 21.00 and
8.00. An inmate may not be locked up for more than ten
hours per day (chap. 6, §§ 1 and 2 of FARK Prison). There are no corresponding regulations for remand prisons.
An inmate’s right to associate with other inmates in a re-
son and Probation Service’s overall assessment and proposals for measures (2019),
p. 27.
5 See the Parliamentary Ombudsmen’s decision on 3 September 2018 dnr 5832017.
Graph 2. Number of places in remand prisons 2019–
The information is taken from the Prison and Probation Service’s report Increased
Client Flow - The Prison and Probation Service’s Overall Assessment and Proposed Measures (2019-02-27).
2.3 An inmate has the right to associate
with other inmates during the day
– 19 –
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