The Ministry of Justice and Public Security is responsible for the administration, control and security of penitentiary facilities. Welfare services, such as education and health, provided in prison are the responsibility of the same authorities (municipal or national agencies) providing these services to the general population.
The Ministry of Health and Care Services is in charge of medical care in prison and each facility has at least one medical cabinet with basic equipment. The medical staff consists mainly of nurses and general practitioners. Some facilities have psychologists, psychiatrists, and specialists in addictions. Hospitalisation is possible with a doctor’s orders and prison directors are in charge of the appropriate security measures to be implemented.
The most common diseases in prison are related to mental disorders and addictions. The Health Department is responsible for the prevention of epidemic and contagious diseases, such as the immediate quarantine of an infected person.

In March 2020, prison authorities decided to abolish the use of double cells and multi-occupancy cells to prevent the spread of the virus. The measure concerns high and lower security facilities, as well as halfway houses.
Prisoners considered at risk and those who tested positive were placed in isolation. Those who had been in contact with infected people were subjected to the same procedure. When a prisoner was tested positive at Kongsvinger prison in October 2020, 44 prisoners and five staff members who had been in contact with him were placed in quarantine and medical isolation.

An Ombudsman’s investigation between March and May 2020 in ten prisons showed that a high number of prisoners were subjected to a severe form of solitary confinement: 23 hours per day locked up alone, with one hour of outdoor exercise, for up to 14 days.

It concerned all newly arrived prisoners regardless of medical criteria. The Ombudsman deplored the lack of a legal basis, such as necessity and proportionality, for implementing isolation as a general measure of infection control. It alerted that the widespread and excessive use of long-term solitary confinement represent a risk for the mental health of prisoners. The Ombudsman also denounced the lack of consideration for less restrictive measures, recommending the implementation of health screening and massive testing of prisoners as a less intrusive infection control measure. As of 18 May 2020, the prison administration eased the use of solitary confinement, which was no longer systematic but based on medical criteria. ¹

The administration stated that facilities were able to provide single cells for all prisoners by 8 April 2020. By 29 April, 326 early releases have been granted and 121 sentences have been “interrupted”. A number of prisoners were released without assistance or housing. The Ombudsman criticises this practice as dangerous for the safety of the released person. [^dang]
Between March and May 2020, a new rule permitting the extension of electronic surveillance for people sentenced to up to six months (previously four) was implemented. Authorities also decided to limit the new admissions in prison, stating that new arrivals should be “reduced to a minimum” and enforced only when “strictly necessary from a security point of view”. For instance, the intake of convicted persons in lower security facilities and halfway houses was suspended.

Educational programmes, physical activities and day releases were mostly cancelled. Severe restrictions were applied at the beginning of the pandemic. As staff learned to manage the spread of the virus, these measures were eased over time. Some work and activity services were adjusted to be maintained in some prisons (pottery, textile work, woodworking, greenhouse maintenance). Prisoners responsible for cleaning tasks, outdoor maintenance and sometimes kitchen duty could keep working. The manufacturing of PPE was also developed.
Several prisons found alternative solutions to compensate the closing of exercise rooms. Some moved their exercise equipment outdoor. Others broadcasted home workout videos in the cells. Some exercise rooms could be used with a limited number of prisoners. TV services were extended and DVD and book renting was offered in some prisons.
In several facilities, prisoners were organised in “cohorts”, a small group viewed “as a household”.This allowed them to share meal times as well as physical exercise and outdoor activities with the members of the same “cohort” ¹.

Visits were suspended from 13 March to 20 May 2020. Prisoners were entitled to free calls, and call time was doubled (from 20 to 40 minutes) and 20 minutes of international calls were offered to compensate for these restrictions.
A survey initiated by the Ombudsman between 12 March to 14 May 2020 in ten prisons showed that only 58% of the prisoners in solitary confinement had access to videocalls. As a visitation permit was required, several prisoners with family abroad or who could not be cleared for visits were denied videocalls. Those who had access to compensatory measures reported that these were “better than nothing, positive, but not the same as a normal visit”. In the general population, only 18% of the respondents replied that they had been offered additional phone time, 12% stated that their phone time has been limited and 10% did not know whether they had been offered more phone call.
Lawyers, the police and embassy staff could still meet prisoners if using a separating plexiglass screen. It was nevertheless recommended for them to opt for communication via videocalls. The administration made 800 tablet computers available for this purpose.

In March 2020, prison authorities suspended all leaves and day releases, except for cases with “extraordinary circumstances”.

As of 20 May 2020, visitors were allowed again in prison, unless the visit represented a “special risk of spreading the virus or a health risk”. Shortage of staff could also be invoked as a reason. As the infections increased in November 2020, the administration took into consideration local factors to determine if visits could take place. Visits could be cancelled or postponed depending on the infection rate in the area where the prison is located, the area the visitors were coming from, as well as the potential need to use public transport. If the visit was considered as safe, visitors’ premises were adapted to prevent infection (plexiglass, distancing…). The facilities continued to use videocalls in addition to or as a replacement for physical visits. Leaves and temporary releases were also evaluated on a case-by-case basis.
On 6 November 2020, the penitentiary administration established an anonymous hotline through which prisoners and their relatives could obtain general information about the COVID-19 crisis in detention.