Special Report to the Storting
Document 4:3 (2018–2019)
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II
Summary
It is well-documented in both old and more recent
research literature that isolation can be detrimental to
health. A large proportion of individuals who are isolated
experience some form of physical or mental problems.
The harmful effects of isolation can be immediate, and
the risk increases with the length of isolation.
For several years, Norwegian public authorities have
been criticised internationally for the use of solitary
confinement in Norwegian prisons. As recently as
in June 2018, the UN Committee against Torture
expressed great concern about the extent of prolonged
isolation, and that the conditions for use of solitary
confinement were not sufficiently clear. In the same
year, the European Committee for the Prevention of
Torture (CPT) visited Norway and recommended in
its report that inmates held in isolation should be
offered structured activities and have meaningful
human contact on a daily basis. The committee was
particularly concerned about the isolation of inmates
with mental health problems.
Since 2014, the Parliamentary Ombudsman has visited
19 high-security prisons in Norway. This special report
is a compilation of our findings relating to solitary
confinement. The purpose of the report is to draw
the Storting’s attention to the risk of violation of the
prohibition against torture and inhuman treatment that
isolation in prison entails.
There are major weaknesses in the authorities’ control
of the use of solitary confinement in prisons. This report
documents grave failings in the quality of statistical
information on use of isolation. For many years,
reliable and relevant figures have not been available to
describe the total extent of solitary confinement. At the
same time, our findings show that isolation is used
extensively in Norwegian prisons. This is particularly
the case of isolation that cannot be ascribed to the
individual inmate’s behaviour.
Norwegian legislation does not reflect that solitary
confinement should only be used in exceptional cases
and for as short a time as possible. In some cases,
inmates are held in solitary confinement for a very long
time, contrary to human rights standards.
Inadequate follow-up of inmates in solitary confinement
is also documented in this report. It is necessary to
follow up everybody who is held in solitary confinement,
although some are more vulnerable than others.
Particularly young people, minors, people who have
been traumatised or have language problems, and
inmates with mental health issues belong to this latter
group. It is documented in the report that inmates with
serious mental health challenges are held in solitary
confinement under censurable conditions for months,
sometimes years.
There is an absence of legislation and central guidance
for staff follow-up and supervision of inmates in solitary
confinement. There is also an absence of statutes
and central professional guidelines to ensure proper
follow-up of inmates in solitary confinement by medical
personnel. Furthermore, there is limited competence
among medical personnel about the harmful effects
of lack of human contact, and about how to prevent or
remedy such harmful effects.
The existing scheme for control by the state authorities
of the use of solitary confinement has major weak
nesses. The supervisory councils do not have
a sufficiently clear mandate or the resources and
expertise needed for systematic and regular supervision
to ensure that inmates have legal safeguards.
The lack of human contact in Norwegian prisons is
partly a result of factors controlled by public authorities
and partly factors controlled by the prisons themselves
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.
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