Country

Sweden

Detention issue

Time out of cell

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Act on Detention (Häkteslag)An inmate shall be given the opportunity to be outdoors at least an hour every day unless there are special reasons not to.
Act on Imprisonment (Fängelselag)Detainees shall be given the opportunity to spend at least one hour each day outdoors. An inmate shall be given the opportunity to access common areas during his or her spare time. An inmate shall, if possible, be offered appropriate employment in the form of work or other comparable activities, like education, training, programmes related to crime and substance abuse or some other structured occupational activity. An inmate must also be given the opportunity to engage in physical activity or other leisure pursuits. Inmates shall be given the opportunity to spend time outdoors at least one hour per day, unless there are special reasons not to
Prison and Probation Services, Prison and Probation Services' regulations and general advice about prisons (Kriminalvårdens föreskrifter och allmänna råd om fängelse)Institutions of safety class 1 and 2 are admitted to keep the inmates locked in their cells in connection with the day-to-day rest between 7 p.m. and 8 a.m. In addition to the time of locking and unlocking a ward, an inmate may not be locked up longer than twelve hours per day according to this provision. Locking may commence 15 minutes before the time for locking is set at the ward. Unlocking must be completed no later than 15 minutes after the set time of unlocking at the ward. In an institution of safety class 3 the inmates may be locked into their wards in connection to their day-to-day rest period between 9 p.m. and 8 a.m. In addition to the time of locking and unlocking the ward an inmate may not be locked up longer than ten hours per day according to this provision. Locking may commence 30 minutes before the time for locking is set at the ward. Unlocking must be completed no later than 30 minutes after the set time of unlocking at the ward.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2016One decision concerned an inmate who had been forced to wear handcuffs in the walking yard because the doors to the remand prison’s exercise yards lacked “handcuff hatches”. If the inmate had not accepted wearing handcuffs, the remand prison stated that there would have been exceptional reasons for denying the inmate daily outdoor access. According to the NPM, it would have been possible for the remand prison to anticipate the need for handcuff hatches, thus rendering the exception to the Act on Detention inapplicable. According to the NPM, it should not be possible – if circumstances are within the authority’s control – for the Prison and Probation Service to deny an inmate outdoor access with reference to deficiencies in the physical environment and inadequate staffing levels. The second decision discussed an incident in which the Prison and Probation Services had denied an entire section daily outdoor access for a number of days as a means to separate inmates. According to the NPM, the Prison and Probation Services can deny inmates outdoor access in the initial stage of a period of solitary confinement. However, the NPM is of the opinion that if the solitary confinement period is protracted, it can hardly be claimed that the situation was unforeseen. Immediately after a making a decision on solitary confinement, a prison is thereby obliged to commence planning so as to make it possible to offer inmates one hour of daily outdoor access as soon as possible. Report details
2018In the view of the Parliamentary Ombudsmen, a department in a prison should consist of at least three places which allow for association of detainees. The Aspen department consists of two places with an adjoining and window-less corridor as the department’s only communal space. In the view of the Parliamentary Ombudsmen, this cannot be regarded as a functional space suitable for satisfying detainees’ rights to association. Aspen cannot therefore be considered as a department in itself and should, according to the Parliamentary Ombudsmen, not be used for the placement of detainees other than those who are secluded. Report details
2019The remand prison branch Berga of Helsingborg remand prison was established in premises that were previously used as a prison. This means that detainees are given the opportunity to associate with other detainees for a large part of the day. During the inspection, it emerged that the detainees were not given the opportunity to associate outdoors in the former prison area and that they were not allowed to use the sports hall. Instead, the individuals held on remand were directed to use small exercise yards and small exercise rooms. Recommendation: Following the inspection, the Chief Parliamentary Ombudsman stated that the remand prison branch is a positive example of how the Prison and Probation Service can organise its operations to give remand prisoners the opportunity to associate with each other. By establishing the association remand prison in premises that were previously used as a prison, remand prisoners without restrictions are given significantly better conditions for associating with others compared with if they were held in an association place. A detainee in the remand prison branch has the opportunity to associate with others for seven hours a day on weekdays. The experiences from the remand prison branch and other association remand prisons (for example, the remand prisons Salberga, Storboda and Ystad) show, in the Chief Parliamentary Ombudsman’s view, the need for remand prisons that receive individuals on remand without restrictions to have premises intended for association amongst the remand prisoners. At the same time, the Chief Parliamentary Ombudsman stated that if the detainees in the Berga remand prison branch were given the opportunity to use, for example, the sports hall, it could further contribute to counteracting the negative consequences of deprivation of liberty. For this reason, the Chief Parliamentary Ombudsman recommended the Prison and Probation Service examine what opportunities exist and what measures need to be taken to ensure individuals deprived of their liberty can also use these premises and areas. Report details