Country

Sweden

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Act on Imprisonment (Fängelselag)An inmate may be granted to be separated from others on his or her own request if it is deemed appropriate. A consent for separation according to the first paragraph shall be reviewed as often as possible, but at least once a month. Inmates can be kept separated from each other temporarily if it is considered necessary to maintain order and safety. They may temporarily be kept separated from the others if considered necessary because an inmate is violent or intoxicated. However, if a placement in solitary confinement cannot be carried out at the current facility, a detainee can be placed in a Remand Prison for a maximum of 48 hours. A detainee may also be held separated from others if it is necessary to carry out a body inspection. A decision on placements in solitary confinement must be reviewed as often as possible, but at least every 10 days.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2016The Prison and Probation Services has the mandate to put inmates in solitary confinement in order to the investigate suspected misconduct. The NPM has emphasised that a placement in solitary confinement is an extra-ordinary measure. To ensure that the period in isolation does not continue for longer than is absolutely necessary, it is the NPM’s opinion that it is essential that the prison has control over which investigative measures that have been taken. For this reason, it is important that a prison clearly documents all investigative measures. A number of inmates were placed in solitary confinement in connection with the investigation of suspected misconduct. The action was taken in order to allow the prison to investigate “what the basis was for a risk of misconduct having been deemed to exist”. According to the NPM, no incident had occurred at the time of the decision on solitary confinement was made, which could be investigated as suspected misconduct. There was thus no possibility to place the inmates in isolation pursuant to the legal text cited. The Prison and Probation Services had placed an inmate in isolation for three months. For most of that time, the inmate had been placed in a cell that was only equipped with a bed. The inmate was also under constant supervision. The NPM found that the prison had not taken any significant action to mitigate the effects of isolation and that the inmate had thereby been almost completely isolated for two months. The Prison and Probation Services was heavily criticised for not having attempted to rectify the inmate’s situation by means of a new placement at an earlier stage. Report details
2019In spring 2017, the Parliamentary Ombudsmen conducted a series of OPCAT inspections, and then stated that the Prison and Probation Service should ensure that the time that detainees associate with others is reported and documented in a consistent manner. Furthermore, the Chief Parliamentary Ombudsman stated that for detainees who, for various reasons, do not associate with others, isolation-breaking measures should be reported and documented. Finally, the Chief Parliamentary Ombudsman requested that the Prison and Probation Service should respond on how it follows up on the time detainees associate with others and the use of isolation-breaking measures. Report details
2020Recommendation: The Chief Parliamentary Ombudsman’s statements can be summarised by the following points: • In 2018, 83 per cent of inmates with restrictions and 76 per cent of young inmates with restrictions were held in conditions amounting to solitary confinement. The corresponding figure for inmates who did not have restrictions was 33 per cent. • Isolation risks affecting not only inmates who have restrictions imposed upon them, but also inmates who have a legal right of association with other inmates. • In the opinion of the Chief Parliamentary Ombudsman, the Prison and Probation Service must take a comprehensive approach to both the issues of premises and staffing. It is necessary for the agency to be able to offer inmates the ability to associate with one another and measures to break isolation. • The Prison and Probation Service should ensure that the reporting of isolation-breaking measures only includes time spent where inmates have meaningful human contact. • In the opinion of the Chief Parliamentary Ombudsman, it is very important that the Prison and Probation Service develops a support system on site that makes it possible to follow the work with isolation-breaking measures over time. • There needs to be a review of, inter alia, the Remand Prisons Act in order to strengthen inmates’ rights of association with one another and counteract isolation. Report details
2022During the inspection of the remand prison in Luleå, there was an inmate who, due to the suspicion of a crime, was not allowed to associate with others, despite the fact that he lacked [judicial] restrictions. In conversation, the inmate stated that he never associates with other inmates and that he has not been asked if it is something he wants. After the inspection, the Parliamentary Ombudsman referred to previous statements that it is not acceptable that the opportunity to associate with others is limited due to lack of resources. It is deeply unsatisfactory that an inmate for organisational or other reasons, that the inmate cannot influence, is not given the opportunity to associate with others. The Parliamentary Ombudsman also pointed out that she had previously particularly emphasised that there is reason for the Swedish Prison and Probation Service to establish more special departments where inmates who, due to a certain suspicion of crime, live under threat in the remand prison, can have their right to associate with others met. According to the Parliamentary Ombudsman, what emerged from the inspection in Luleå once again highlights this need. It is not acceptable that the Prison and Probation Service's shortcomings result in limitations on an inmate's right to associate with others and that in the long run it risks leading to the inmate becoming isolated. Report details