NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
22
Other Conditions that Increase the Risk of
Violations
Clothing
Very few supervision logs contained clear information
about the inmate’s clothing. The wording in several of
the supervision logs suggested that inmates had been
naked in the restraint bed. It has also emerged several
times during the NPM's visits that inmates have been
placed naked in restraint beds.
When placed in restraints, people are denied the possibility to defend themselves, and are therefore particularly vulnerable to abuse and inhuman treatment.
Not wearing clothes in such situations increases this
risk. It also reinforces the feeling of vulnerability and
increases the risk of negative psychological effects as
a consequence of being placed in restraints.
23
USE OF RESTRAINT BEDS IN NORWEGIAN PRISONS
The revised guidelines have incorporated a r equirement
that the person placed in restraints must be clothed
or his or her body must be covered. However, the
new guidelines do not state that a person placed in
restraints should never be naked.
Being strapped naked to a restraint bed with prison
officers of the opposite sex in the same room, can be
a very humiliating experience and increase the risk of
trauma. It is important to underline that this can apply
to inmates of both sexes.
In one of the supervision logs, an inmate was described as being restrained in a restraint bed without a
tunic, even though she wanted to wear one. According
to the supervision log, the inmate was told that personnel from the healthcare department would speak
to her first. There were four members of staff in the
room at the time, of whom at least three were men. No
documentation showed that the inmate was covered
by a blanket. The decision to give her a tunic was not
made until one hour later. Other supervision logs also
indicated that inmates were placed naked in restraint
beds, in some instances with, and in other instances
without, a blanket.
Gender
Gender is a point of vulnerability. The UN Rules for the
Treatment of Women Prisoners and Non-Custodial
Sanctions for Women Offenders (the Bangkok Rules)
underline the importance of good policies and regulations for staff working with female inmates.41
We know that many female inmates have been the victims of abuse and different forms of sexual exploitation.42, 43 These are factors that can exacerbate the
sense of humiliation from being placed in restraints.
Over 30% of cases of inmates being placed in restraints in the period concerned women. This included
some of the longest periods spent in restraints.
Additionally, the decisions analysed showed that
female inmates who had been put in restraint beds,
more often had been restrained several times, compared to male inmates who had been put in restraint
beds. Five of the seven inmates who had been put in
restraint beds four times or more, were women.
Language
A lack of opportunity to communicate with those
the inmate depends on, is also a point of vulnerability.
Foreign inmates are entitled to information in
a language they understand.44 The prison must ensure
that the inmate has understood the grounds for the
decision and understands the information that is
provided. One of the supervision logs showed that the
prison did not call an interpreter, although the inmate
in the restraint bed requested an interpreter.
Juvenile Inmates
The threshold for placing juvenile inmates in restraint
beds is higher than for adults – it must be ‘absolutely
necessary’. In one instance, a juvenile inmate remained
strapped to, and at times, asleep in, the restraint bed
for over 13 hours without medical supervision. This
incident is mentioned in one of the Parliamentary
Ombudsman’s visit reports.45 A review of the prison’s
procedures on the use of restraint beds also showed
that they did not include separate points on the use of
restraint beds in cases regarding juvenile inmates.
41 The UN Rules for the Treatment of Women Prisoners and Non-Custodial Sanctions for Women Offenders (the Bangkok Rules), adopted by
the UN General Assembly on 21 December 2010, A/RES/65/229.
42 Directorate of Norwegian Correctional Service (2015). Likeverdige forhold for kvinner og menn under kriminalomsorgens ansvar.
43 Report No 37 to the Storting (2007-2008). Punishment that works – less crime – a safer society.
A restraint bed in a prison is inspected by the NPM.
44 The UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), adopted by the UN General Assembly on 17
December 2015, Rule 61 No 2. The recommendation of the Council of Europe’s Committee of Ministers, Rec (2006) 2 to the member states
about the European prison rules (The European Prison Rules), principle 38.3.
45 The Parliamentary Ombudsman's report after its visit to Bergen Prison 2–4 May 2018.
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