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Norway Ratifying the Optional Protocol to the the UN Convention Against Torture and Other Convention Against Torture (OPCAT)

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Norway Ratifying the Optional Protocol to the the UN Convention Against Torture and Other Convention Against Torture (OPCAT) ANNUAL REPORT 2020 DOCUMENT 4:1 (2020–2021) National Preventive Mechanism against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Document 4:1 (2020–2021) The Parliamentary Ombudsman’s Annual Report for 2020 as National Preventive Mechanism against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Submitted to the Storting on 23 March 2021 NORWEGIAN PARLIAMENTARY OMBUDSMAN National Preventive Mechanism 2 ANNUAL REPORT 2020 Foreword 2020 was an unusual year for the Parliamentary Ombudsman’s National Preventive Mechanism (NPM). The COVID-19 pandemic changed the risk picture and highlighted the vulnerability of new groups of people. Development of new methods and visits to new sectors therefore became important. In the spring of 2020, the NPM conducted several visits to child welfare institutions and institutions within mental healthcare for children and adolescents. The autumn was spent conducting visits to care homes for elderly and to shared accommodation for persons with intellectual disabilities. The year began with a public hearing in the Storting’s in relation to children, the Mental Health Care Standing Committee on Scrutiny and Constitutional Act permits administration of strong medication Affairs, concerning the Parliamentary Ombudsman’s without the consent of the child in acute situations, Special Report to the Storting on solitary confinement and the use of restraints beds and segregation of and lack of human contact in Norwegian prisons. children over 16 years of age. Another finding is Participants were the Minister of Justice and Public that the local control commissions lack a common Security Jøran Kallmyr, Minister of Health and Care approach to children admitted to institutions, Services Bent Høie, and the leaders of the Norwegian and that the practices of some commissions are Correctional Service and Directorate of Health. A problematic in relation to children’s legal protection. Special Report is the most powerful instrument held by the Parliamentary Ombudsman, and the report We also look more closely at the risk of violations of is based on findings from the National Preventive children and adolescents’ rights in situations where Mechanism’s (NPM’s) visits to nineteen Norwegian children under the care of child welfare agencies prisons over five years. The fact that the Committee involuntarily live alone with adult staff. Isolation is decided to hold a public hearing represented an not permitted at child welfare institutions. Accord­ important milestone for the work on restricting the ing to child welfare legislation isolation occurs use of solitary confinement in Norwegian prisons. when a child is being kept apart from his/her peers at the institution, with contact with staff only. The year started as planned with regard to the Our findings indicate that many of the so-called NPM's visit activities; with visits to private child “enetiltak”, where children are placed separately welfare institutions and mental healthcare insti­ from other childern, conflict with the prohibition tutions for children and adolescent. Children and against the use of segregation. The investigations adolescents deprived of their liberty are particularly carried out by the NPM of this issue are presented vulnerable to violations of their integrity, and there­ in more detail in the second article in Chapter 3. fore have a right to special protection. One finding described in a separate article in Chapter 3 of the The year has also been characterised by the annual report, is that children who are admitted pandemic. When society went into lockdown in to mental health institutions can be subjected to March, the Parliamentary Ombudsman decided to extremely intrusive forms of coercion. Despite the temporarily suspend planned visits. The infection fact that several human rights bodies recommend situation and the “do no harm” principle were the prohibition of coercive means and segregation main reasons behind this decision. Foreword 3 The pandemic did not make the work of identifying that were conducted during the pandemic and the and preventing risk of torture and inhuman treat­ follow­up of other visits in 2020 are described in ment any less important; but our working methods further detail in Chapter 4. had to be adapted and priorities temporarily amended. During the spring, we had extensive communication with national and international partners regarding The Norwegian Correctional Service quickly how the pandemic affected the situation for those introduced intrusive measures to prevent outbreaks who were deprived of their liberty. The NPM’s of infection in prisons; and we were therefore Advisory Committee provided important input. We concerned about how the pandemic would affect also launched a website with information about the conditions in prisons. In the period following COVID­19 and persons deprived of their liberty. the lockdown of society, we therefore for the first We have strengthened internal competence and time conducted “visits” without an actual physical developed new working methods. External experts presence. Investigations were conducted using have added new and valuable knowledge to the telephone interviews, document reviews and a NPM. This work is described in Chapter 5. questionnaire distributed to inmates in a selection of prisons. In the report, the Ombudsman highlight­ The work on preventing torture and inhuman ed eight issues to the responsible authorities. The treatment is global, and international cooperation purpose was to help to contribute to a reduction has been particularly crucial in 2020. This is in the risk of inhuman and degrading treatment elaborated on in Chapter 6. It has been important in case of a new pandemic outbreak. This work and inspiring to discuss new challenges with other is described in more detail in the first article in national preventive mechanisms, international Chapter 3. organisations and human rights bodies. This dialogue contributed to ensure that the Parliamen­ As the infection situation stabilised in the summer, tary Ombudsman could resume its investigations many had experienced a more restricted daily life relatively quickly after the lockdown of society in as a result of the measures. Persons in care homes March, with new and adapted methods. The and people with intellectual disabilities living in cooperation between the preventive mechanisms in shared accommodation stood out as groups that the Nordic countries has been particularly produc­ were particularly affected by intrusive restrictions. tive in this period. We therefore chose to temporarily amend our plans and instead to address two new sectors for the prevention mandate. During the autumn, we prepared and conducted several visits to care homes and shared accommo­ dation for persons with intellectual disabilities. The visits were conducted using a combination of phys­ ical presence, telephone and video interviews and document reviews. In both sectors, we anticipated meeting persons who could face challenges in communicating complete information, or who were Mona Ødegård Photo: particularly vulnerable to infection and therefore difficult to interview. This led us to further expand our use of sources. Family and guardians consti­ Hanne Harlem sivilombudsmann tuted for the first time important sources in our investigations. This provided very useful information and added new perspectives to our visits. The visits Sectors covered by the NPM’s mandate Approx. 59 127 115 PRISONS AND DETENTION PREMISES POLICE CUSTODY TRANSITIONAL USED BY THE CUSTOMS FACILITIES, INCLUDING HOUSING SERVICE WAITING CELLS 3 9 1 POLICE IMMIGRATION CUSTODY FACILITIES INVOLUNTARY DETENTION CENTRES OF THE NORWEGIAN INSTITUTIONAL ARMED FORCES TREATMENT CENTRE (BRØSET) Approx. 68 70 MENTAL HEALTHCARE INSTITUTIONS HOUSING FOR PERSONS INSTITUTIONS FOR INVOLUNTARY WITH INTELLECTUAL TREATMENT OF PERSONS DISABILITIES WITH SUBSTANCE ABUSE ADDICTIONS The nmer o laces here ersons ith Approx. Approx. intellectal isailities can e erive o their liert is ncertain This is e to a variet o reasons inclin 1000 150 that man ersons ith CARE HOMES FOR ELDRELY CHILD WELFARE intellectal isailities live INSTITUTIONS in their on home or in share hosin acilities The ires are estimates ase on a main concte in 2020 an ate in 20 5 Sectors covered by the NPM’s mandate Table of Contents Approx. Foreword .............................................................................................................................. 2 59 127 115 1 › The Parliamentary Ombudsman’s Prevention Mandate .............................................. 7 PRISONS AND DETENTION PREMISES POLICE CUSTODY 2 Working Methods ....................................................................................................... 11 TRANSITIONAL USED BY THE CUSTOMS FACILITIES, INCLUDING › HOUSING SERVICE WAITING CELLS 3 › Selected topics from 2020 ......................................................................................... 19 › Increased Isolation and Stricter Conditions in Prison During the COVID-19 Pandemic ...19 › Children's Rights in Mental Healthcare Should Be Better Safeguarded .........................26 3 9 1 › When Children Live Alone With Adults in a Child Welfare Institution .............................32 POLICE IMMIGRATION CUSTODY FACILITIES INVOLUNTARY DETENTION CENTRES OF THE NORWEGIAN INSTITUTIONAL 4 › Visits, Follow-ups and Results in 2020 ..................................................................... 39 ARMED FORCES TREATMENT
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