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other ombudsman decisions of importance to the rights
of persons deprived of their liberty
case, a public counsel had asked to speak privately with a client before a detention hearing, but had been denied this with reference to security aspects;
the individual could abscond. The Parliamentary Ombudsman’s decision
emphasised that detainees should have the opportunity to consult their public
counsel undisturbed and that the police service must adapt its premises for
this.9
The Parliamentary Ombudsman has also criticised the police for not having
made personnel available to monitor telephone conversations from persons
on remand with restrictions10 and for having neglected to ensure that suspects (principally young persons) have had access to defence counsel during
questioning.11
Coercive measures
Placement in isolation
The Prison and Probation Service has the opportunity to isolate prison inmates for reasons including the investigation of suspected misconduct. The Parliamentary Ombudsman has emphasised that a placement in isolation is an
radical measure. To ensure that the period in isolation does not continue for
longer than is absolutely necessary, it is, in the Parliamentary Ombudsman’s
view, essential that the prison have control over which investigative measures
have been taken. For this reason, it is important that a prison clearly documents all investigative measures.12
Another decision concerns an incident in which a number of inmates were
placed in isolation in connection with the investigation of suspected misconduct. The action was taken in order to allow the prison to investigate “what
the basis was for a risk of misconduct having been deemed to exist”. According to the Parliamentary Ombudsman, no incident had occurred at the time
of the placement in isolation that could be investigated as suspected misconduct. There was thus no opportunity to place the inmates in isolation pursuant to the legal text cited.13
In one case, the Prison and Probation Service had placed an inmate in isolation for three months. For most of that time, the inmate had been placed
in living quarters that were only equipped with a bed. The inmate was also
placed under constant supervision. The Parliamentary Ombudsman found
that the prison had not taken any significant action to mitigate the effects of
isolation and that the inmate had thereby been almost completely isolated for
9 JO 2013/14 p. 358, ref. no. 594-2012
10 Ref. no. 3541-2011, ref. no. 65-2012
11 Ref. no. 4553-2010, ref. no. 4608-2010, ref. no. 3577-2011, ref. no. 3019-2012, ref. no. 1335-2013
12 Ref. no. 1977-2012
13 Ref. no. 4379-2013
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