the swedish migration agency
corridor for toilet visits, the detention centre has a portable so-called sanitary
toilet that can be placed in the segregation room. The sanitary toilet consists
of a box in which the inmate can fulfil his needs. During the inspection, it had
yet to be used. According to the details which emerged, there is no possibility
for segregated detainees to, for example, wash their hands when needed.
Following the inspection, the Parliamentary Ombudsman emphasised that a
foreigner held in detention must be treated humanely and their dignity must
be respected.6 In the view of the Parliamentary Ombudsman, it is doubtful
whether the intended use of the sanitary toilet meets the requirements of the
Aliens Act (2005:716). However, the Parliamentary Ombudsman refrained
from commenting further on the issue, but may return to it, inter alia, during
future inspections of the Swedish Migration Agency’s detention centres. In
the view of the Parliamentary Ombudsman, however, the Swedish Migration
Agency should consider whether the camera surveillance can be switched off
when the toilet is in use.
Body searches
A foreigner who is held in detention may not, without permission, possess
alcoholic beverages or other intoxicants or anything else that may harm someone or be detrimental to maintaining order within the centre. If there is a
reasonable suspicion that a foreigner held in detention possesses these items,
or any such that according to the Narcotics Drugs Penal Law (1968:64) may
not be possessed, it is possible to carry out a body search of the foreigner to
check whether he or she carries such items.7
Following the inspection of the detention centre in Ljungbyhed, the Parliamentary Ombudsman emphasised that the requirement of reasonable suspicion
means that detainees may not be subject to a routine body search upon admission to a detention centre. The Swedish Migration Agency’s ability to carry
out for body searches is, therefore, more limited than, for example, the Prison
and Probation Service’s abilities to carry out body searches of individuals
taken into remand. Individuals taken into remand must, at the latest upon
arrival, be searched or examined for unauthorised items, unless this is clearly
unnecessary.8
The Parliamentary Ombudsman further stated that the Swedish Migration
Agency, in a letter to the Government Offices, has emphasised that the current possibilities for carrying out body searches are not sufficient. According
to the agency, the possibilities for carrying out body searches need to be
expanded in connection with, inter alia, admission to detention centres. The
number of incidents where unauthorised items were found increased between
6 See Chapter 11, Section 1 of the Aliens Act (2005:716).
7 See Chapter 11, Sections 8 and 9 of the Aliens Act (2005:716).
8 See Chapter 4, Section 2 of the Detention Act (2010:611).
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