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Sweden

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Prison and Probation Services, Prison and Probation Services' regulations and general advice about prisons (Kriminalvårdens föreskrifter och allmänna råd om fängelse)The Agency has a zero-tolerance policy towards violence, threats and harassment amongst detainees. all employees have a responsibility to respect the human rights of other persons in their professional practice. The employee must perform his or her work in a non-discriminatory manner regardless of gender, transgender identity or expression, ethnicity, religion or other belief, disability, sexual orientation and age, and with also consideration of the rights and needs of children where relevant. The equality perspective and the child rights perspective must be taken into consideration in both decision-making and treatment. All employees must observe objectivity and impartiality and otherwise act on the basis of the government's common values and SPPS’s own values, which are also a part of the staff education program.
Prison ActA detainee may, if appropriate, be allowed to be kept separate from other detainees at his own request.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2016The NPM noted that the investigation shows that the prison Färingsö has seriously failed in its handling of pepper spray. The shortcomings have included e.g. that a pepper spray has not been properly stored for a long period. Since the pepper spray had been stored in a space which the inmates had access to, there was a risk that it would end up in the wrong hands. Both staff and inmates have been exposed to danger, and the Prison and Probation Services deserves serious criticism for this. After the incident, the Prison and Probation Services has adjusted its regulations on pepper sprays. Even the specific prison has changed its local manuals. These adjustments are, in my opinion, appropriate. Properly applied, they will ensure that the Prison and Probation Services has the required control of the pepper sprays hereinafter. Further, the following recommendation was presented by the NPM: as already stressed by the Committee in the past, prison health-care services can and should make a significant contribution to the prevention of ill-treatment by the police, through the systematic recording of injuries observed on newly-arrived prisoners and, if appropriate, the provision of information to the relevant authorities. Any signs of violence observed when a prisoner is being medically screened on admission to such an establishment should be fully recorded, together with any relevant statements by the prisoner and the doctor's conclusions. The same approach should be followed whenever a prisoner is medically examined following a violent episode within the prison. The CPT calls upon the Swedish authorities to review the existing procedures in order to ensure that whenever injuries are recorded which are consistent with allegations of ill-treatment made by a prisoner (or which, even in the absence of allegations, are indicative of ill-treatment), the report is immediately and systematically brought to the attention of the competent authorities (e.g. the prosecutor), regardless of the wishes of the prisoner. The results of the examination should also be made available to the prisoner concerned and his or her lawyer. As regards the content of the record to be drawn up after the medical screening, reference is made to the recommendation in paragraph 14 above, which is fully applicable here. The record should also contain the results of additional examinations carried out, detailed conclusions of specialised consultations and a description of treatment given for injuries and of any further procedures performed. Report details
2021In connection with the inspection of the Sollentuna remand prison, it emerged that a number of inmates who were suspected of relationship and sexual offences were placed in isolation for security reasons. According to the remand prison’s management, their safety would be jeopardised if they were to be placed in a regular association ward. These inmates were therefore in a queue to be transferred to a special association ward in the Huddinge remand prison. Following the inspection, the Parliamentary Ombudsman stated that the Prison and Probation Service has a responsibility to protect the inmates and that she therefore understands that measures must be taken to protect inmates who are detained on suspicion of e.g. sexual offences. On the other hand, the Parliamentary Ombudsman expressed doubts as to whether the remand prison’s application of the provision in the Act on Detention is compatible with the intention of the legislation. According to the Parliamentary Ombudsmen, it should be the person who poses a threat to a fellow inmate, is violent, or otherwise poses a security risk who that by a decision can be placed in segregation. In light of this situation the Parliamentary Ombudsman expressed that the Prison and Probation Service should consider to establish more special wards where inmates who, due to the alleged criminal offence, live under threat in a remand prison can have their right to association with others met. Report details