ANNUAL REPORT 2019 DOCUMENT 4:1 (2019–2020) National Preventive Mechanism against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Document 4:1 (2019–2020) The Parliamentary Ombudsman’s Annual Report for 2019 as National Preventive Mechanism against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Submitted to the Storting on 24 March 2020 NORWEGIAN PARLIAMENTARY OMBUDSMAN National Preventive Mechanism 4 ANNUAL REPORT 2019 Preface This annual report marks the ffth anniversary of the National Preventive Mechanism (NPM). We hereby present some of our achievements since 2014 and highlight some of the overriding issues we consider to be of importance fve years down the line. This year has been dominated by the work on the Special Report to the Storting on Solitary Confnement and Lack of Human Contact in Norwegian Prisons. In addition, we have carried out visits to twelve institutions where children and adolescents are deprived of their liberty. The Parliamentary Ombudsman's National Contact in Norwegian Prisons was submitted to Preventive Mechanism (NPM) was established the Storting's Standing Committee on Scrutiny and in the spring of 2014. The frst visit was conducted Constitutional Affairs on 18 June 2019. This is the in September of that year. Five years of prevention Parliamentary Ombudsman’s frst Special Report to work, and over 60 visits to different places in the Storting under its prevention mandate. Much of Norway where people might be deprived of their autumn was spent in dialogue with the authorities liberty, have yielded results. Previous annual reports regarding the fndings in the Special Report. have included examples of the results achieved The work on this report to the Storting is presented at places we have visited. In this annual report, in more detail in an article in Chapter three. we dedicate a whole chapter to some of the main results of the prevention work at the national level. This year has also seen the completion of a Although much of our prevention work takes place study into the use of restraint beds in Norwegian in dialogue with the institutions we visit, we want prisons. Being placed in a restraint bed can pose our reports and recommendations to contribute to a considerable risk to both physical and mental improving legal safeguards and protection against health. The European Committee for the Prevention inhuman treatment for those deprived of their liberty of Torture (CPT) has recommended that restraint everywhere in Norway. We have gathered information beds be removed from Norwegian prisons. Restraint about the key results of our work at the national level beds are no longer in use in police custody facilities. in Chapter fve of this report. The Parliamentary Ombudsman has criticised the use of restraint beds in prisons after several visits. Since 2014, the NPM has carried out 20 visits to The Special Report to the Storting also states that 19 of Norway's high-security prisons. The fndings the use of restraint beds constitutes a risk of harm regarding solitary confnement and lack of human to health, and that inmates in restraints risk being contact for inmates have been severe across visits, traumatised during an acute life crisis. The results and the situation appeared to be deteriorating, of a comprehensive compilation that included all despite our recommendations. With this in mind, administrative decisions on the use of restraints we decided in 2019 to use our strongest measure in Norwegian prisons over the past six years are to highlight these issues. The Special Report to the presented in a thematic article in Chapter three of Storting on Solitary Confnement and Lack of Human this annual report. 5 Photo: Mona Ødegård Mona Ødegård Photo: The NPM also used fndings and experiences from Thorough preparation has been key to ensure visits to actively participate in public debate and that the visits were carried out in an appropriate in democratic processes relevant to the prevention manner and that accurate information concerning of torture and other inhuman treatment in Norway. the institutions has been received. We have also In 2019, we made four consultation submissions. followed up visits that were carried out in 2018 The Parliamentary Ombudsman made a consultative through dialogue with the respective institutions. submission in July on the then Ministry of Children This work is described in Chapter fve. and Equality's draft on a new Child Welfare Act. Our comments concerned the proposal to set There has also been a focus on dissemination out further rules for child welfare institutions. in 2019. For the frst time, the NPM hosted an In September, we made another consultation event during the political festival “Arendalsuka”. submission concerning the Directorate of Health's This launched the Special Report to a wider proposal to establish national guidelines for medical audience, with a panel discussion on solitary personnel relating to health services for detainees confnement and lack of human contact in in police custody facilities. In the same month, we Norwegian prisons. There has been a great deal of made a consultation submission on the Ministry of interest in the fndings we presented in the Special Justice and Public Security's proposal to change Report, and it is being used by both the responsible the Execution of Sentences Act’s rules regarding authorities and civil society. Furthermore, we have coercive measures. In December, we made a fourth conducted external activities through meetings with consultation submission in connection with the central government authorities and other parties. proposal for a new law on limiting the use of A solid national dialogue will always be an important coercion in the health and care services. Our work part of the preventive work. on the consultation submissions is the topic of a separate article in Chapter three. Although much of the year has been devoted to a few selected projects, we have carried out twelve visits to places where children and adolescents are Hanne Harlem deprived of their liberty in child welfare and mental Parliamentary Ombudsman health care institutions. Many of the institutions we have visited are small, which meant that we had to develop our methodology for visits. Which sectors are 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 DEVELOPMENTAL TREATMENT OF PERSONS DISABILITIES WITH SUBSTANCE ABUSE ADDICTIONS The number of places where persons with Approx. Approx. developmental disabilities can be deprived of their liberty is uncertain. This is due to a variety of reasons, 1000 150 including that many NURSING HOMES CHILD WELFARE persons with developmental INSTITUTIONS disabilities live in their own home or in sheltered housing facilities. The NPM has yet to carry out visits to this sector and has therefore not finished mapping it. The figures are estimates based on a mapping conducted in 2014/2015, and updated in 2019. 7 Table of Contents Preface 1 › The Parliamentary Ombudsman's Prevention Mandate .............................................. 9 2 › Working Methods ....................................................................................................... 13 3 › Selected topics from 2019 ...............................................................................19 › Use of Restraint Beds in Norwegian Prisons .......................................................... 19 › Special Report on Solitary Confinement in Norwegian Prisons .............................. 32 › Consultation Submissions as Part of the Preventive Work .................................... 38 4 › First Five Years – Some Results ................................................................................ 45 5 › Visits in 2019 ............................................................................................................. 61 › The Child Welfare Service ....................................................................................... 61 › Mental healthcare ................................................................................................... 66 › Recommendations from visits in 2018 ................................................................... 67 6 › National Dialogue ....................................................................................................... 77 7 › International Cooperation .......................................................................................... 81 Statistics ............................................................................................................................ 85 Activities in 2019 ............................................................................................................... 86 Budget and Accounts 2019 ............................................................................................... 90 1 9 The Parliamentary Ombudsman's Prevention Mandate On 14 May 2013, the Storting voted in favour The UN Convention against Torture of Norway ratifying the Optional Protocol to the The UN Convention against Torture states Convention against Torture (OPCAT). The Storting that torture and inhuman treatment are