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Special Report to the Storting
Document 4:3 (2018–2019)
Medical personnel must see to inmates in isolation at the time of placement in isolation, and on a daily basis
thereafter, and must provide prompt medical assistance and treatment.220 Inmates in isolation should be assessed
by medical personnel with special training in how to perform mental health assessments.221
Any adverse effect on the inmate’s physical or mental health must be reported to the administration immediately.
The medical personnel must advise the prison administration if they consider it necessary to terminate the measure
for medical reasons.222 They must also have the authority to review the involuntary exclusion from social interaction
of an inmate to ensure that such exclusion does not exacerbate the inmate’s medical condition or mental or
physical disability.223 Medical personnel should also examine the physical surroundings of inmates in solitary
confinement, including the hygiene and cleanliness of the cell, temperature, lighting conditions and ventilation,
and the inmate’s possibility of physical activity.224
10.1 Organisation of prison health services
10.2 Notification of medical personnel
The municipal authority in the district where the prison
is located is responsible for providing inmates with
primary health services, while the regional health trusts
are responsible for offering specialist health services.225
Notification of the health service shall ensure that it can
provide proper health care, that any injuries suffered in
connection with detainment or transfer to a restrictive unit
or security cell are identified, and that the inmate’s health
does not deteriorate as a result of solitary confinement.
It is especially important to ensure immediate medical
assessment and care of individuals in an acute mental
crisis, for example entailing a risk of suicide. One possible
measure can be to transfer the inmate to a mental health
institution, but other medical assistance without transfer
to a hospital can also be relevant. The assessment and
care should be given without delay.
Our experience from visits to prisons shows that the
fact that the organisation of the health service varies
from prison to prison has consequences for the
follow-up and care of inmates in solitary confinement.
While several nurses and doctors are often available in
large prisons, small prisons often depend on emergency
units in local hospitals or doctors on rotation duty
who seldom visit the prison. It can be an advantage if
doctors who work with the prison health service also
get some of their practice outside the prison with a
view to professional development and keeping updated.
At the same time, it is important that the inmate is
followed up by a member of staff who is updated about
the special health issues experienced by inmates.226
Doctors who only sporadically work in prison
environments will be less equipped to identify and treat
detrimental health effects caused by isolation.
220
221
222
223
224
225
226
227
The Execution of Sentences Act states that a doctor
must be notified of exclusion without undue delay.227
As regards the use of a security cell or restraint bed,
the Act states that ‘insofar as this is possible’, a medical
opinion shall be obtained and taken into account when
use of such coercive measures is being considered.
Unlike in the case of exclusion, the Act does not require
a doctor to be notified when an inmate is placed in
a security cell. This does, however, follow from the
current guidelines to the Act, as amended.228 Despite
the requirement for notification of a doctor, it is usually
a health service nurse that is notified. If an inmate is
placed in a security cell outside the prison health service’s
office hours, the health service is usually not notified until
the following day. The Parliamentary Ombudsman has
criticised this practice in several reports.229
The Nelson Mandela Rules, Rule 46(1); The European Prison Rules, Rules 43.3
The UN Special Rapporteur on Torture’s report to the UN General Assembly, 2011, A/66/ 268, paragraph 100.
The Nelson Mandela Rules, Rule 46(2).
The Nelson Mandela Rules, Rule 46(3).
The UN Special Rapporteur on Torture’s report to the UN General Assembly, 2011, A/66/ 268, paragraph 101.
The Health and Care Services Act Section 3-9 and the Specialist Health Services Act Section 2-1
For an overview of available healthcare services, see the Norwegian Directorate of Health (2017). Annual Report 2017.
The Execution of Sentences Act Section 37 seventh paragraph. Human rights standards are based on medical personnel being informed of all
use of solitary confinement; see the Nelson Mandela Rules, Rule 46, and the European prison Rules, Rule 43.2.
228 Directorate of the Norwegian Correctional Service (2002). Guidelines to the Execution of Sentences Act and its Regulations, section 38.7.
Revised version of 15 March 2019.
229 See, inter alia, the Parliamentary Ombudsman’s report after its visit to Åna Prison, 13–15 November 2017, p. 37 ff.
73
The professional ethics of medical personnel
Medical personnel supervising inmates who
are held in solitary confinement must recall that
they are tasked with following up the inmate as
a patient and that they shall not partake in any
decision on the use of solitary confinement.
Medical personnel are only tasked with safe
guarding the patient’s health and welfare in
accordance with the ‘primum non nocere’ principle
of avoiding harm to the patient.
In one prison, we found that a doctor from the
accident and emergency unit had recommended
that an inmate should continue to be strapped to
a restraint bed, in conflict with his role as medical
personnel. Similar findings were made during
visits to two other prisons. Medical personnel
should therefore always introduce themselves as
medical personnel and clearly inform the inmate
as a patient of their role and responsibility.
According to Section 38 second paragraph of
the Execution of Sentences Act ,’insofar as this
is possible, a medical opinion shall be obtained
and taken into account in considering whether
a decision shall be made to use a security cell
or a restraining bed’. This wording can give the
impression that a doctor should be present
and involved in the decision on whether to use
coercive measures.
Note: The Parliamentary Ombudsman’s report from
a visit to the Skien branch of Telemark Prison, 2–4
June 2015, p. 30. The Parliamentary Ombudsman’s
report from a visit to Stavanger Prison 16–18
August 2016, pp. 33–34.
10.3 Medical follow-up of inmates in solitary
confinement
Inmates in solitary confinement are in a particularly
vulnerable situation that requires careful and
independent follow-up by the health service. This is both
due to the potentially harmful effects of being isolated
and because the inmate has no possibility of contacting
the health service directly. Some inmates are in a state
of health that prevents them from requesting help. The
health service therefore plays a decisive role in relation
to these inmates. In addition to caring for the health
of the inmate, the health service’s outreach activities
also have a preventive effect.230 The health service’s
supervision and presence can help to prevent possible
integrity violations.
According to human rights standards, the health service
shall look in on inmates in solitary confinement at least
once every day.
There is no such requirement in Norwegian
legislation.231 Pursuant to the Execution of Sentences
Act, the Correctional Service shall notify medical
personnel of some forms of isolation (see above), but the
responsibility of medical personnel to follow up inmates
in isolation is neither regulated by law nor regulation.
In a guide to health and care services for prison
inmates, the Directorate of Health has issued guidelines
to medical personnel on follow-up of inmates in solitary
confinement.232 The Directorate of Health recommends
that medical personnel
‘look in on inmates held in isolation when there are
medical reasons for supervision. This can be when
requested by the inmate, or when information from the
Correctional Service or others suggests that there is a
need for supervision’.
230 Council of Europe: Committee for the Prevention of Torture (CPT), Extract from the 3rd General Report, Health care services in prisons, 1993,
CPT/Inf (1993) 12, paragraph 30.
231 Directorate of the Norwegian Correctional Service (2002). Guidelines to the Execution of Sentences Act and its Regulations, section 38.7.
Revised version of 15 March 2019. According to these guidelines, inmates in security cells or restraint beds shall, insofar as it is possible,
be attended to by medical personnel at least once a day. In the case of inmates who are excluded from the company of other inmates, the
guidelines state that the prison doctor ’is encouraged to look in on the inmate at the soonest opportunity’, if there is information to indicate that
the inmate is ill or otherwise needs medical assistance.
232 The Norwegian Directorate of Health (2013). Veileder for helse- og omsorgstjenester til innsatte i fengsel (‘Guide to health and care services
for prison inmates’), p. 44.
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