Special Report to the Storting Document 4:3 (2018–2019) 52 Inmates in solitary confinement do not normally have access to the prison’s regular exercise yards, but have to use confined outdoor spaces, referred to as ‘stråleluft’. These are small outdoor cells with high concrete walls and often a steel mesh roof (in some cases a roof that bars any view of the sky). The cells offer limited views and allow for only a minimum of physical activity. In some prisons, the inmates refer to them as ‘dog pens’, and many say they refuse to use them. Some of these yards measure no more than 12–13 square metres. In some prisons, several inmates are taken to the yard at the same time, but inmates are often let out individually without any contact with other inmates or staff. Access to the open air, movement and variation are especially important for inmates who are locked up for most of the day. The exercise yards for inmates in solitary confinement are seldom suited to meeting these needs. ‘They also let me use the gym nearly every day, even though it’s not really allowed. I like to wear myself out, even if I don’t ­normally exercise’. Inmate interviewed by the NPM ‘We had the possibility of ­spending one hour outside in a small room with a mesh roof. Felt awkward standing in a cage like that. I didn’t go out for two weeks’. Inmate interviewed by the NPM In some prisons, inmates are able to borrow spinning cycles for use in their own cells, while in others inmates may be escorted by staff to an exercise room or gym. Some prisons have separate rooms with spinning cycles and/or thread mills in sections where association with other inmates is not possible. In most places, this is a very limited resource, however, as there are many inmates and staff have limited capacity to lock people in and out. Staff in several prisons told us that, because of being short-staffed, they seldom had the time to offer as much activity as they would like to. For the vast majority, few activities are on offer in their own cells apart from the television, and borrowing books, magazines or films from the library. In some sections, inmates are escorted to the library, but most inmates in solitary confinement have to use request forms to borrow books. In some prisons, the library service makes a point of visiting inmates who are excluded from the company of other inmates. We have also seen examples of inmates who are allowed to do handwork or pursue adapted education programmes in their cell. These are exceptions, however. Open air cell - “stråleluft”. 171 Execution of Sentences Act Section 2. It follows from the purpose provision of the Execution of Sentences Act that the Correctional Service shall make suitable arrangements for remedying the negative effects of isolation for remand inmates.171 53 The Act also instructs the Correctional Service to prioritise measures to remedy the negative effects of isolation for remand prisoners in accordance with Section 186 second paragraph and Section 186a of the Criminal Procedure Act.172 This particular legal requirement appears to have borne fruits in the form of more adequate follow-up of ­remand inmates who are ordered into solitary ­confinement by the courts. In the prisons we have visited, we have consistently found that there are more ­systematic measures in place for this group of isolated inmates. In most prisons, this is the group that is thought of when references are made to inmates in isolation. Some prisons have separate written procedures for follow-up of remand inmates in solitary confinement, which include visits to the library and gym, and out-of-cell time during periods when other inmates are locked up. The tasks of limited resources such as the occupational therapist and the recreational unit are in many places limited to following up remand inmates who have been ordered into solitary confinement by a court order. At the same time, remand inmates are often not offered to spend time with other inmates in the exercise yards or gym, due to the risk of evidence being destroyed. Hence, human contact depends entirely on follow-up by staff. In most cases, inmates who are held in solitary confinement on such grounds will be entirely alone when spending time in the exercise yard or gym. Solitary confinement can therefore be particularly intrusive for this group. Hatch in cell door. Notice regarding cell cleaning. In the report from its visit to Norway in 2018, the CPT emphasised the potentially harmful effects of isolation and recommended that all inmates kept in solitary confinement be offered out-of-cell activities and at least two hours of meaningful human contact every day.173 Main findings In general, inmates in solitary confinement have very ­little meaningful human contact. Most often, ­correctional service staff are the only people who have contact with these inmates. They have other tasks and therefore limited possibility of following up inmates. The balance of power between staff and inmates also means that staff cannot replace the human contact that can be achieved by associating with other inmates. There is too little awareness in some prisons of the importance of following up all isolated inmates regardless of the reason for their solitary confinement and making systematic efforts to reintegrate them in the prison community. Inmates in solitary confinement have very limited possibilities of pursuing meaningful activities, and they are often left to spend their time outdoors alone in small exercise cells. Limited follow-up means that inmates in solitary confinement are exposed to the risk of inhuman or degrading treatment. 172 Execution of Sentences Act Section 46. 173 Council of Europe: Committee for the Prevention of Torture (CPT), Report to the Norwegian Government on the visit to Norway 2018, CPT/Inf (2019) 1, paragraph 82.

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