other ombudsman decisions of importance to the rights
of persons deprived of their liberty
Ombudsman criticised how a person assessed to be suicidal had to sit in a
police cell without clothes for three days without a medical assessment.22
Transport of persons deprived of their liberty
The Prison and Probation Service’s transport service does not just transport
persons on remand and prison inmates, but also transports others including
those taken into custody pursuant to various forms of coercive legislation.
This might, for example, involve substance misusers or young persons.
In several decisions, the Parliamentary Ombudsman has criticised the fact
that persons in custody have spent too much time in a police cell while awaiting transport.23
The opportunity to take a person into custody in connection with judicial
assistance has been the subject to consideration in the report, Transport of
Persons Deprived of Their Liberty (SOU 2011:7). The report notes that current legislation contains a great number of provisions granting the right to
restrict liberty, but that these provisions do not always specify whether the
restriction of liberty is associated with a right or obligation to take the person
into custody, e.g. placement in a police cell or another form of incarceration.
As regards the LVM legislation, this states that the police shall provide assistance to convey a person who is to be given care, or who is immediately taken
into custody, to an LVM home. The report states that there may be no uncertainty as regards the opportunity to detain a person taken into custody under
LVM in connection with judicial assistance in a police cell while awaiting
transport. For this reason, the report proposed the introduction of a provision
concerning this into the LVM.24 The inquiry’s proposal has not yet resulted in
legislation, but is being processed by the Government Offices.
The Parliamentary Ombudsman has also issued statements in several cases
concerning the placement of those taken into custody pursuant to the LVM.
In one case, the person taken into custody pursuant to the LVM had spent
five days in a police cell while awaiting transport. The Parliamentary Ombudsman stated that although there are some unclear points concerning the
legal position, there is nevertheless an opportunity for detention in connection with judicial assistance. However, this opportunity should be used
restrictively. The basic premise is to be that the person the measure concerns
not be detained under more radical forms than is necessary. Those taken into
custody due to a need of care should be promptly conveyed to the treatment
home that has been assessed capable of satisfying this need. The period a
substance misuser spends in detention should therefore be as short as pos22 Ref. no. 6237-2012
23 Ref. no. 1519-2012, ref. no. 5182-2013
24 SOU 2011:7 p. 404 f.
53
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