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NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism against Torture and Ill-Treatment
ANNUAL REPORT 2015
Execution of sentences in the
Netherlands and Norway’s
commitments pursuant to the
UN Convention against Torture
The rental of places for Norwegian inmates in a Dutch prison in
2015 raised a number of issues concerning the safeguarding of the
inmates and their rights as well as Norway’s commitment to
preventing, prohibiting and punishing torture and ill-treatment of
people subject to Norwegian jurisdiction.
An important part of the Parliamentary Ombudsman’s
prevention mandate is the opportunity to submit
proposals and comments to existing legislation or
draft legislation with a view to improving the treatment of and conditions for people who are deprived
of their liberty.1
On 30 January 2015, the Ministry of Justice and
Public Security distributed proposed amendments
to the Execution of Sentences Act for consultation,
intended to provide legal authority for prison sentences
being served in another state.2 In order to reduce the
number of people waiting to serve their sentence and
increase the capacity of the correctional services to
execute custodial sentences and remand people in
custody, it was proposed to rent prison places abroad.
The Norwegian authorities entered into negotiations
with the Dutch authorities and reached an agreement
whereby Norway was to rent places for 242 inmates
in Norgerhaven prison in the Netherlands. The agreement stated, among other things, that most of the
employees of the prison should be Dutch, that there
should be a Norwegian prison manager and that the
health services in the prison were to be provided by
the Dutch health authorities.
1 The Optional Protocol (OPCAT) Article 19.
2 Consultation - Amendments to the Execution of Sentences Act. 30 January 2015
https://www.regjeringen.no/no/dokumenter/horing--endring-i-straffegjennomforingsloven/id2363989/.
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