other ombudsman decisions of importance to the rights
of persons deprived of their liberty
48
Inmates’ contact with the outside world
Outdoor access
As regards outdoor access, the
European Committee for the
Prevention of Torture (CPT) has
recommended that persons who
are deprived of their liberty by the
police for 24 hours or longer be
offered the opportunity to spend
time outdoors (see CPT Standards,
Extract from the 12th General
Report, p. 48)
One question that has arisen in connection with the Parliamentary
Ombudsmen’s supervision of the correctional care system is how the rights
of persons deprived of their liberty are satisfied. Pursuant to the Aliens Act,
there is the opportunity to place detained aliens in a remand prison or in
a prison. During an OPCAT inspection,1 it was noted that this category of
inmates has limited opportunities for both phone calls and visits and that
they lacked the opportunity to contact the outside world via the internet. According to the Prison and Probation Service’s instructions, detainees’ contacts
are to be checked in advance, and their conversations may be monitored.
The Parliamentary Ombudsman investigated the matter and found that the
Prison and Probation Service’s considerations and instructions meant that
the detainees’ right to contact the outside world has not been fully satisfied in
remand prisons and prisons. According to the Parliamentary Ombudsman,
this in turn demonstrated the inappropriateness of placing detainees in such
facilities.2
The question of inmates’ opportunities to contact with the outside world has
arisen in several cases. In one case, a prosecutor was criticised for having
refused to send two letters from a person who was on remand with restrictions. The refusal was motivated by the fact that the letters were not written either in Swedish or English.3 Another case concerned a patient under
institutional compulsory psychiatric care who had submitted a complaint to
be forwarded to the Parliamentary Ombudsmen. The complaint was not sent
on to the Parliamentary Ombudsmen, but was instead placed in the patient’s
medical records. The Parliamentary Ombudsmen criticised this action.4 The
Parliamentary Ombudsmen also directed criticism at a clinic that conducts
compulsory psychiatric care because it had imposed general bans on the use
of mobile phones and computers.5
In a decision concerning the Prison and Probation Service, the Parliamentary
Ombudsman noted that a remand prison had, in practice, limited inmates’
opportunities to contact the outside world on the basis of Chapter 6, Section
2 of the Act on Detention. According to the Prison and Probation Service’s
regulations, inmates are themselves to be able to control how much daylight
enters their living quarters.
The detainees in the remand prison lacked this opportunity because the remand prison’s management wanted to prevent them from contacting persons
1 Ref. no. 3198-2012
2 Ref. no. 5529-2012
3 Ref. no. 7229-2010
4 Ref. no. 3748-2011
5 Ref. no. 4465-2010
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents