CAT/OP/SWE/1/Add.1
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review of the continuation of remand custody, the court should consider the necessity of
continuing to impose restrictions as a separate item (a permit for restrictions lapses if the court
does not allow an extension of the permit in conjunction with the court ordering that a person
shall remain in detention). Another example is the principle of proportionality (applicable to the
use of coercive measures according to Swedish law); restrictions are only to be applied when the
reasons for them outweigh the consequent intrusion or other detriment to the suspect or another
adverse interest. According to another basic principle, restrictions, as well as other coercive
measures, should be lifted as soon as the grounds for them no longer exist. There is also an
obligation for the prosecutor to document the reasons for decisions on restrictions and these are
to be presented to the detainee, as long as this is not detrimental to the investigation. A court
decision to give a prosecutor general permission to decide on restrictions must always contain
information on how to appeal against the decision.
28.
Other recommendations imply changes in the current legislation (e.g. that the court
always should decide on specific restrictions and that such a decision should be subject to
appeal). Such changes are suggested in the proposal mentioned in paragraphs 106–107 of the
SPT report. This proposal is still under consideration in the Ministry of Justice. According to the
current timetable, the Government intends to present a bill to the Riksdag in the summer of 2009.
29.
Some recommendations concern the application of regulations. The task of deciding on
specific restrictions, after having obtained general permission from a court, is assigned to an
individual prosecutor. In the same way as a judge, the prosecutor has a responsibility, and
ultimately a criminal liability, to follow the regulations and instructions in this field. The
prosecutor’s independence is limited by the possibility for a superior prosecutor (the ProsecutorGeneral, a director of public prosecution or a deputy director of public prosecution) to reassess a
prosecutor’s decision. The Prosecutor-General has the overall responsibility for overseeing that
the prosecutor’s application of the rules fulfils fundamental requirements of legality and
consistency.
30.
Concerning statistical information, the Government has instructed the Prosecution
Authority to report on the number of individuals detained in 2008 and the number of cases in
which restrictions were imposed. The Prosecution Authority has also been asked to describe and
analyse essential differences between different parts of the country. The report will be submitted
by the end of February 2009. For the moment, the requested information is therefore not
available. The Government is following these matters closely.
31.
The treatment of detained persons is regulated by the Act on the Treatment of Persons
Arrested or Remanded in Custody. To avoid isolation and other negative consequences of longer
periods spent in a remand prison, the Act contains regulations on such matters as social support,
the possibility to associate with other remand prisoners and opportunities for physical activities.
The Act states that, as far as possible, remand prisoners are to be offered some form of work or
occupation during their time on remand.
32.
The remand prisoner is normally allowed to associate with other detainees during
daytime and have access to television, newspapers and other distractions in his room. These
activities can in certain cases be restricted by a court decision, along with the remand prisoner’s
possibilities to maintain contact with the outside world through letters, telephone calls and visits.
The Prison and Probation Service is currently reviewing its routines in order to be able to let
detainees associate with one another during daytime.