APPENDIX
Dnr O 7-2018 Page 5 (15)
over time. It is therefore not possible to provide an exact number of association
places at any one time. Remand prisons with relatively few places have flexible
places that can be adapted based on which categories of inmates the remand
prison receives. A cell can be a restriction place one day and an association
place the next. In order to obtain information on how many clients are in
association or de facto segregated, the agency must make a manual review
every given day. The information requested by the Parliamentary Ombudsmen
required such a manual collection of data, which the agency had not done
before the meeting.
The Chief Parliamentary Ombudsman pointed out that there is no minimum
time for association in remand prison and asked what association actually
means, in the Prison and Probation Service's opinion, when an inmate is placed
in an association place.
According to the representatives of the Prison and Probation Service, inmates
placed in association places are taken out in groups for association for a specific
amount of time of the day. Unlike the case in an association department,
inmates in association places are not released in the morning for association
until being locked up in the evening.
The Chief Parliamentary Ombudsman stated that the Prison and Probation
Service's way of using the concepts of association department and association
place means that the work performed with these issues becomes unclear to an
external investigator. What is described as association places is more similar to
isolation-breaking measures as it consists of spending a certain amount of time
in a group per day.
The representatives of the Prison and Probation Service agreed with the Chief
Parliamentary Ombudsman's description and stated that this is not how
association is intended to function. The premise in the correctional regime is
that inmates should be given the opportunity to associate during the day and the
term ‘association’ means spending time with more than one inmate, that is to
say in the plural (chap. 2 § 5 of the Remand Prisons Act [2010: 611]). This
presupposes that an association department has at least three places. However,
there is an ongoing discussion within the agency regarding the purpose of the
provision. It may be that the provision aims to give an inmate the possibility to
spend time with another person. In such a case, there should be no major
difference between having contact with only one inmate or with two. Today,
two inmates co-sitting is an isolation-breaking measure. In the future, one could
imagine a position whereby association means two inmates spending time
together in a cell. The Prison and Probation Service has not progressed so far in
its discussions to take into account the international regulations nor the
recommendations from international bodies on the issue. The agency has also
not made any request to the Ministry of Justice for guidance on the matter.
– 71 –
B
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