isolation of individuals held on remand
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Isolation of individuals
held on remand
Since 2017, the Parliamentary Ombudsmen’s OPCAT work has followed the
situation for inmates in the Prison and Probation Service’s remand prisons.
In addition to conducting a number of inspections of remand prisons, in 2019
Chief Parliamentary Ombudsman Elisabeth Rynning invited representatives
of the Prison and Probation Service to a dialogue meeting. At the meeting,
she raised issues concerning inmates’ rights to association with others and the
Prison and Probation Service’s work with isolation-breaking measures.
In a decision on 5 February 2020, the Chief Parliamentary Ombudsman
commented on these issues.1 On 26 February 2020, the Parliamentary
Ombudsmen’s OPCAT Unit published a thematic report Isolation of inmates
in remand prisons. This section contains a summary of the report.
Inmates in remand prisons have the right to associate with others
An inmate is deemed
isolated if they are
alone for more than
22 hours per day
An inmate has the right to associate with other inmates during the day. In the
Chief Parliamentary Ombudsman’s opinion, this means that an inmate has
the right to associate with several other inmates. This fundamental right can
be limited by both restrictions set by a prosecutor and segregation decisions.
A denied right to associate with others may result in an inmate being isolated.
Isolation can lead to both mental and physical problems.
Isolation is defined as an inmate being alone for more than 22 hours per day
without meaningful human contact. An inmate is considered as being longterm isolated if they have been isolated for a period exceeding 15 days.
The majority of inmates in Swedish remand prisons are isolated
The Prison and Probation Service has great difficulty in achieving its own objective that remand prisoners held with restrictions should be able to receive
isolation-breaking measures for at least two hours per day. It also does not
succeed in giving all remand prisoners held without restrictions isolationbreaking measures to this extent, despite the fact that this group of inmates
actually has the right to associate with others during the day. The Prison and
Probation Service’s objective in this regard is modest in comparison with the
European Committee for the Prevention of Torture’s (the CPT) standard, according to which all inmates in remand prisons and prisons must be given the
opportunity to spend at least eight hours outside their cell every day.
1
See the Parliamentary Ombudsmen’s decision of 5 February 2020, ref. no. O 7-2018.
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