NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2019
40
The Parliamentary Ombudsman emphasised
that the proposal lacks national procedures for
documentation and reporting cases of suspicion
of disproportionate use of force or injury to
the detainee caused by the police. One of the
recurring findings from the NPM’s visits to places
of detention, including police custody facilities, is
that there is a lack of procedures in place for what
medical personnel should do in cases of suspicion
of disproportionate use of force or injuries
caused by the police. Several of the accident
and emergency units visited lacked a system to
ensure that injuries to detainees were adequately
documented in patient records, including photographic ocumentation. None of the accident and
emergency units visited had any procedures in
place for situations where it was suspected that
injuries to a detainee was caused by the police.
In the consultation submission, we emphasised
that documentation and reporting of injuries
inflicted on persons deprived of their liberty
are important legal protections and can reduce
the risk of torture and inhuman treatment. We
referred to the European Committee for the
Prevention of Torture (CPT), which recommends
that thorough health examinations are carried
out with documentation of suspicious injuries,
and that such injuries are quickly reported in
order to protect the detainees and ensure that an
investigation is launched. Such procedures are
lacking in Norway.
We also asked that medical personnel be given
more information regarding the harmful effects
of isolation and how the health of persons in
isolation should be followed up.
4
The photo shows a spit hood of the type that is used
by Norwegian police. The Ministry has not stated
what type of spit hood it proposes for use by the
Correctional Service. Photo: Ruben Skarsvåg.
Critical to the proposal to use spit hoods in prisons
In September, we made a consultation submission
regarding the Ministry of Justice and Public
Security's proposal to amend the Execution
of Sentences Act’s rules on coercive measures.4
One of the proposals involved introducing the
use of spit hoods to the list of legal coercive
measures. Another proposal involved lowering
the threshold for using coercive measures such
as handcuffs and body cuffs.
A spit hood is a transparent hood that is pulled
down over the head of the detainee, which covers
the lower part of the face and prevents the person
from spitting. In our consultation submission we
noted that the Ministry had failed to consider that
the use of spit hoods also entails the use of other
restraints, such as hand cuffs or body cuffs, to
prevent the detainee from removing the spit hood.
According to the Ministry, the basis for the proposal
was the increasing problem of detainees spitting.
However, no information was presented that
demonstrated that this was a growing trend.
The Ministry stated that spitting can entail a risk
of infection, without outlining the type of infection
referred to, or how great the risk is.
The Parliamentary Ombudsman’s consultation submission on proposed amendments to the Execution of Sentences Act (use of
spit hoods), 30 September 2019. Read the whole consultation submission here: https://www.sivilombudsmannen.no/wp-content/
uploads/2019/10/Sivilombudsmannens-h%C3%B8ringsuttalelse-om-forslag-til-endringer-i-straffegjennomf%C3%B8ringsloven-brukav-spytthette-mv..pdf
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents