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One possible challenge is that the prison governor
has largely delegated the authority to decide on the
use of solitary confinement to the operative senior
officer, inspector or duty officer.271 Even though it may
be necessary to delegate such authority, the prison
governor must be expected to keep updated as regards
developments in his or her own prison and to assess
the use of measures on a running basis.
Prevention also requires that the measure is
discontinued as soon as the conditions for solitary
confinement are no longer present, and that active
efforts are made to replace solitary confinement by
less intrusive measures. In several prisons, we have
found long stays in security cells, in some cases of
up to 16 days’ duration. The majority of security cell
supervision protocols have major shortcomings in that
they do not document continual efforts to establish a
good dialogue or otherwise create conditions whereby
inmates can be returned to their own cell (see section 9.5
Control of the use of security cells and restraint beds).
Special Report to the Storting
Document 4:3 (2018–2019)
United Kingdom: guidance on the use of isolation
In 2017, the UK national preventive mechanism
published comprehensive guidelines on how
isolation should be prevented by the competent
authorities. Particular emphasis was given to
preventing the use of isolation:
Detaining authorities should aspire to prevent
or eliminate the use of isolation by focusing on
the root causes of incidents that lead to its use,
with a specific focus on repeated episodes and
self-isolation.
Note: UK NPM, Guidance: Isolation in detention,
January 2017.
Among other things, the Parliamentary Ombudsman
has recommended to use motivational conversations
and the possibility of going out into the open air to
create a good dialogue with a view to speeding up the
inmate’s return to a regular prison cell. We have also
recommended that a programme for the speediest
possible return should be drawn up in the case of
prolonged exclusion from the company of other inmates.
Main findings
Our findings indicate that there is a need to strengthen
the work of the Correctional Service in order to
prevent situations and incidents that trigger solitary
confinement. The current regulatory framework
does not confer on the Correctional Service any duty
to put systematic effort into such prevention. The
current legislation falls short of meeting Norway’s
commitments under international law to prevent
situations that entail a risk of torture or other cruel,
inhuman or degrading treatment or punishment.
The lack of accurate information undermines the ability
of both prisons and governing authorities to effectively
prevent the use of solitary confinement.
There are likewise no central guidelines on what the
individual prison should do to prevent self-isolation or
solitary confinement as a result of suicide risk. The
lack of national minimum standards for association
with other inmates also undermines the possibility of
preventing solitary confinement and the detrimental
effects of isolation. The lack of training and guidelines
on how staff should follow up inmates in security cells to
ensure as brief a stay as possible has the same effect.
271 Reports sent to the Parliamentary Ombudsman: Directorate of the Norwegian Correctional Service (2015). Rapport om utelukkelser i
kriminalomsorgen (’Report on exclusions in the Correctional Service’), Table 2.4. Overview of the number of decision-makers and their rank.
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