Torture and Ill-Treatment Torture DOCUMENT (2015–2016) 4:1 National Preventive Mechanism against Preventive National ANNUAL REPORT 2015 REPORT ANNUAL ANNUAL REPORT 2015 › Norwegian Parliamentary Ombudsman › National Preventive Mechanism National Preventive Mechanism against Preventive National and Ill-Treatment Torture ver NM mandate? 64 1 9 Prisons and The police immigration The Norwegian transitional housing detention centre Armed Forces' (Trandum) custody facilities approx. 210 approx. 120 1 Police custody Mental health care Involuntary facilities institutions institutional treatment (Brøset) approx. 1,000 approx. 150 Nursing homes Child welfare institutions Housing for* people with approx. developmental disabilities 20 17 Customs and Excise's Institutions for involuntary treatment detention premises of people with substance abuse problems of v figur uncer othe thi because m them liv hom lter housi T NM y t visi t therefor finishe sector National Preventive Mechanism against Torture and Ill-Treatment ANNUAL REPORT 2015 DOCUMENT 4:1 (2015–2016) Foreword 2015 was the second year in which the Parliamentary Ombudsman served as a national preventive mechanism pursuant to the Optional Protocol to the Convention against Torture (OPCAT). During the year, we have increased our level of activity – we have both increased the number of visits to places where people are deprived of their liberty and expanded our visit field to include the police immigration detention centre at Trandum and mental health care institutions, in addition to police custody facilities and prisons. In this work, we have identified several challenges that are found across the sectors, whether this be prisons, police custody facilities, mental health care institutions or the police immigration detention centre. We have also found that the places of detention visited seem to follow up the Parliamentary Ombudsman’s recommendations in a thorough manner. 3 Regular visits to places where people are deprived of concerns the use of coercive measures during the their liberty is the main tool in the work to prevent tor- deprivation of liberty, activity programmes and ture and other cruel, inhuman or degrading treatment measures to combat isolation, and the role of health or punishment. Both announced and unannounced personnel who treat people deprived of their liberty. visits are made, and they provide a thorough insight into the conditions for those deprived of their liberty In 2016, the NPM will continue to focus on further and the vulnerable situation they find themselves in. developing its work methods. It has gained additional specialist expertise during the past year and regularly The work in 2015 was not limited to carrying out visits, makes use of external experts and obtains informa- however. Broad preventive efforts have been made, tion from its advisory committee, among others. which have included dialogue with the authorities, civil society, supervisory and appeal bodies, teaching I look forward to further building on the solid and lectures, exchange of information, participation foundation we have laid in 2015, and taking the NPM in consultation rounds and cooperation with interna- into new sectors within the mandate laid out in the tional human rights bodies. Optional Protocol to the Convention against Torture. The Optional Protocol celebrates its tenth anniversary In autumn 2014, the national preventive mechanism in June 2016, and the Parliamentary Ombudsman (NPM) started visiting prisons and police custody will, through its mandate as the national preventive facilities, and it continued to visit these sectors in mechanism, help to ensure that this important area 2015. The NPM has also carried out visits to the of work is further advanced in Norway. police immigration detention centre at Trandum and to three mental health care institutions during the course of the year. A visit to the Norwegian Customs Aage Thor Falkanger and Excise's premises for detention at Oslo Airport Parliamentary Ombudsman Gardermoen was also conducted. In total, 15 visits were conducted in 2015. The visits to the police immigration detention centre and the mental health care institutions have resulted in recommendations being made in new areas. At the same time, there are many similarities between the different places of detention visited and the challenges they face, including across sectors. In the annual report you now hold in your hand, you can read three articles that give an in-depth description of findings and recommendations in areas in which we have identified similar challenges and problems across several sectors in 2015. This NORWEGIAN PARLIAMENTARY OMBUDSMAN National Preventive Mechanism against Torture and Ill-Treatment 4 ANNUAL REPORT 2015 5 Table of contents Foreword ...................................................................................................................2 1 › Background ........................................................................................................7 2 › Working method and organisation ......................................................................11 3 › Selected topics from 2015 › Coercive measures during deprivation of liberty ......................................................17 › Activity programme and measures to combat isolation ............................................20 › The role of health personnel in treating people who are deprived of their liberty ...........23 › Execution of sentences in the Netherlands and Norway’s commitments pursuant to the UN Convention against Torture .....................................................................26 4 › Visits in 2015 › Prisons .............................................................................................................31 › Police custody facilities .......................................................................................37 › Mental health care institutions .............................................................................40 › The immigration detention centre at Trandum.........................................................45 › Visit covering several places of detention ..............................................................46 5 › Results in 2015 .................................................................................................49 6 › Statistics ..........................................................................................................55 7 › National dialogue ..............................................................................................59 8 › International cooperation ..................................................................................63 Activities in 2015 ....................................................................................................66 Budget and accounts in 2015 ...................................................................................71 Texts of acts › The UN Convention against Torture ..........................................................................72 › The Optional Protocol to the Convention against Torture (OPCAT) .................................74 › The Parliamentary Ombudsman Act ..........................................................................78 › Instructions for the Parliamentary Ombudsman ..........................................................80 1 7 Background The Optional Protocol to the Convention States that endorse the Optional Protocol are obliged against Torture (OPCAT) to establish or appoint one or several national pre- ventive mechanisms that regularly carry out visits to People who are deprived of their liberty find them- places where people are, or may be, deprived of their selves in a particularly vulnerable situation, and face liberty, in order to strengthen the protection of these an increased risk of torture and other cruel, inhuman people against torture and ill-treatment.2 or degrading treatment or punishment. The Optional Protocol to the Convention against Torture, OPCAT, is an international human rights agreement that Definition3: seeks to protect people deprived of their liberty. The Deprivation of liberty Optional Protocol was adopted by the UN General Any form of detention or imprisonment or the Assembly in 2002, and it entered into force in 2006. placement of a person in a public or private custodial setting which that person is not permitted to leave at will by order of any Definitions1: judicial, administrative or other authority. Cruel, inhuman or degrading treatment When severe pain or suffering, whether physical or mental, is inflicted by a public The national preventive mechanisms have the pos- official, or by a private individual acting sibility to make recommendations that highlight risk on behalf of a public official, it is deemed factors for violations of personal integrity. They can to constitute cruel, inhuman or degrading also submit proposals and comments concerning treatment. existing or draft legislation. Torture In order to effectively exercise their mandate, the If, in addition, the act is committed in order preventive mechanisms must be independent of the to obtain information or a confession, or authorities and places of detention, have the resourc- to punish, intimidate, threaten or force the es they require at their disposal and have employees subject into submission, it is deemed to be with the necessary competence and expertise. torture. On 14 May 2013, the Storting voted in favour of Norway