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Norway

Capital city — Oslo

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Panorama

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There is an effective separation between men and women

yes

Women prisoners participate in cross-gendered recreational, training and work activities in facilities that also accommodate men.

  • Female prisoners were transferred to the Zulu East isolation section at Ullersmo Prison in 2023. This section also housed male prisoners during the same period. The women were subjected to sexualised comments and behaviours from male prisoners. They could not use the gymnasium or the prison’s large yard without male prisoners being present.

    i
    19/03/2024
    / Ombudsman (Sivilombudsmannen)

The national regulatory framework does not sufficiently consider the special situation of women. Pregnant women and mothers are an exception. Some women prisoners are still placed in cells without toilets1.

International standards state: “Hygiene products, including sanitary towels and tampons, shall be readily available and distributed free of charge to prison inmates”. The NPM confirms that Norwegian prisons are compliant with these requirements.2

  1. Sivilombudsmannen (Norwegian Parliamentary Ombudsman), “Women in Prison: a thematic report about the conditions for female prisoners in Norway”, 2017. p.17. ↩

  2. Ibid., p 22. ↩

  • Female prisoners claim to have been pressured by the Ministry of Health into allowing a male doctor examine them even though they preferred to be examined by female doctors. This pressure was also applied to individuals who had previously been exposed to sexual violence.

    i
    19/03/2024
    / Ombudsman (Sivilombudsmannen)

Prisoners in solitary confinement receive regular medical care

no

Medical care is provided when necessary. Doctors do not present at the facilities daily. Their presence is limited to a specific weekly schedule.

  • The Ombud (Norwegian NPM) observed that no document exists to monitor prisoners in isolation.

    i
    19/03/2024
    / Ombudsman (Sivilombudsmannen)

  • The NPM notes that incarcerated individuals placed in solitary confinement by court order at Halden Prison are not given regular medical examinations. After the NPM’s visit, the health service began daily monitoring.

    i
    22/05/2024
    / Parliamentary Ombud, "Visit report n°77, Halden Prison", p. 7.

A medical file is opened upon admission

yes

  • The Ombud (Norwegian NPM) considers the collection of relevant, necessary medical information at Bredtveit Prison to be unsatisfactory and arbitrary.

    i
    19/03/2024
    / Ombudsman (Sivilombudsmannen)

Obtaining medicines differs according to the prescription. Some products, such as sleeping pills, are given to inmates in their cells. Drug replacement treatments are strictly monitored.

  • The Ombud (Norwegian NPM) believes that medicine at Bredtveit Prison is handled irresponsibly, which constitutes a risk for the safety of the prisoners who need it. Medicine is stored in the guardroom, unlocked. There is no log to record its distribution. This lack of organisation has resulted in risks of poisoning and incorrect treatment.

    i
    19/03/2024
    / Ombudsman (Sivilombudsmannen)

  • The NPM notes that, at Halden Prison, medicine dispensers with incarcerated individuals’ names and information are left unlocked in the staff room. Incarcerated persons are not always required to sign when receiving medication. Failures regarding medicine storage and distribution increase the risk of incarcerated individuals not receiving necessary medication.

    i
    22/05/2024
    / Parliamentary Ombud, "Visit report n°77, Halden Prison", p. 6.

Number of prison guards (FTE)

2,691.2

i
31/01/2023
/ Council of Europe, SPACE I Report 2023, table 19.

Hustad prison faces a staff shortage in 2023. Personnel resign over the demanding working conditions and long hours.

  • The Ombud (Norwegian NPM) noted staff shortages in prisons. Unscheduled absences result in necessary measures for reintegration being cancelled, including preparation for active life, access to fresh air, human contact and meaningful activities. Several prisoners pointed out the constant staff turnover and the frequent use of substitute staff.

    i
    19/03/2024
    / Ombudsman (Sivilombudsmannen)

A person found criminally irresponsible cannot be convicted.
Psychiatric hospitalisation under duress or for a severe mental illness is subject to conditions. Some prisoners, who are eligible for these conditions, serve their sentences in solitary confinement.

  • Several prisoners reported that their mental health was negatively impacted by their proximity to prisoners who hurt themselves and suffered from mental disorders.

    i
    19/03/2024
    / Ombudsman parlementaire (Sivilombudsmannen)

Suicide prevention policies are implemented

yes

Suicide prevention policies are addressed during mandatory staff training. The admissions survey includes questions to help identify prisoners who are more likely to attempt suicide. Health care workers are advised.

Some facilities provide ongoing monitoring in the event of a suicide attempt or risk of suicide. The prisoner is placed in solitary confinement. Security measures are a last resort. Staff must implement non-security measures as a priority.

  • The Ombud (Norwegian NPM) observed that internal systems for detecting and monitoring the risks of self-harm and suicide in prison were lacking.

    i
    19/03/2024
    / Ombudsman (Sivilombudsmannen)

The prison service keeps record of incidents

yes

  • Recorded incidents of self-harm increased twentyfold between 2018 and 2022 at Bredtveit Prison. In 2022, 145 incidents of self-harm relating to 14 prisoners were logged.

    i
    19/03/2024
    / Ombudsman (Sivilombudsmannen)

Persons placed in solitary confinement may participate in activities or programmes. The number of activities allowed depends on the reason for the confinement, which may be partial or total (i.e. the prisoner may or may not be allowed to communicate with other inmates).
Persons in solitary confinement generally have access to the library and they may have a television in the cell. This is less often the case for remand prisoners placed in court-ordered solitary confinement.

  • The 2023 Annual Report of the Ombud (Norwegian NPM) revealed that prisoners placed in isolation at Ullersmo Prison were not offered sufficient activities.

    i
    19/03/2024
    / Ombudsman (Sivilombudsmannen)

Family ties are partially maintained during solitary confinement. Telephone calls may be restricted. Visits are, in most cases, authorized.
Prisoners who are isolated due to a court order are often denied telephone calls, visits and mail.
Visits to inmates in special high-security units or “security cells” are very limited. Visits take place in a space with a separating glass pane.
A person held in solitary confinement may inform their lawyers or loved ones.

  • The 2023 Annual Report of the Ombud (Norwegian NPM) revealed that prisoners placed in isolation at Ullersmo Prison were not offered sufficient social contact.

    i
    19/03/2024
    / Ombudsman (Sivilombudsmannen)

The solitary confinement measure is subject to regular review

yes

Inmates may challenge solitary confinement before the highest levels of the prison administration (regional or national).

Medical staff may issue an opinion on the extension of solitary confinement. The final decision is the responsibility of the administration. The administration balances medical and security considerations.

  • The 2023 Annual Report of the Ombud (Norwegian NPM) noted that ongoing assessments, which are required by law to determine if the use of a security cell remains strictly necessary, are not always performed at Ullersmo Prison. The facility does not respect the requirements that isolation must only be used in extraordinary circumstances, as a last resort and for the shortest possible time.

    i
    19/03/2024
    / Ombudsman (Sivilombudsmannen)

Solitary confinement takes place, depending on its nature, in an ordinary or special cell.

Solitary confinement by decision of the prison authorities (Enforcement of Sentences Act, sections 37 and 40) or by order of the court is carried out in an ordinary cell. The latter is often equipped with a sanitary block (shower and WC), furnished with a bed, table, chair and wardrobe, and has a usually barred window.

Solitary confinement in a special security cell (Enforcement of Sentences Act, section 38) is carried out in a cell without furniture. Personal clothing is wholly or partly removed. The prisoner is sometimes left naked or fitted in tear-proof safety clothing. The prisoner may be restrained in bed. These cells normally have no windows. They include one plastic mattress and a toilet on the floor. Food and water are pushed through a flap near the floor. Prisoners cannot wash themselves. Prisoners and staff communicate from opposite sides of flaps or plexiglass.1

Special high-security isolation is carried out in a specific part of the facility. The living conditions are generally adequate (close to those encountered in ordinary cells). The security arrangements are very strict. Prisoners have no contact with each other and contact with staff is limited. Handcuffs, shackles and restraint belts are sometimes used.

  1. Parliamentary Ombudsman (Sivilombudsmannen), Visit Report No. 75, Bredtveit Prison and Detention Centre and Ullersmo Prison, Zulu East Section, 13-16 March 2023, p. 5 (in Norwegian). ↩

  • Between 2018 and 2022, the number of prisoners isolated in their own cells at Ullersmo Prison doubled, increasing from 36 people in 2018 to 77 in 2022. The number of people imprisoned in security cells rose from 27 in 2018 to 92 in 2022.

    i
    19/03/2024
    / Ombudsman (Sivilombudsmannen)

Women prisoners are housed in facilities, blocks or cells exclusively for women.
There are five dedicated facilities (from 13 to 64 places) and eight that house men and have blocks/cells reserved for women (from 4 to 13 places). Two of the dedicated facilities, Bredveit and Kragerø, are classified as maximum security.
The parliamentary ombudsman notes in June 2023, that prison conditions for women were poorer at Bredtveit prison and detention centre than the conditions for men. The high-security wing of Bergen prison is shut down in June 2023, and female prisoners are transferred to Skien prison, a former men’s facility converted into a women’s prison.

  • The Ombud (Norwegian NPM) reported that the living conditions of prisoners in the Bredtveit women’s facility were cause for concern. This statement came after an unannounced visit in March 2023.

    i
    19/03/2024
    / Ombudsman (Sivilombudsmannen)

Solitary confinement can be used as

  • punishment
  • protection
  • security

In the Norwegian prison system, solitary confinement is used for punitive separation or preventive separation (personal protection or security measure). This distinction is not always apparent.

  • Anders Behring Breivik, the right-wing extremist responsible for the Utøya massacre in 2011, sued Norway to put an end to his isolation in prison. He considers his imprisonment conditions to be in violation of human rights. The Oslo District Court ruled against Breivik, stating that his imprisonment conditions are not and have not been “disproportionately burdensome”.

    i
    16/02/2024
    / GMA News Online

Number of recorded violent acts between prisoners

Data not disclosed

i
2020
/ prison service, Rapport 2020, p. 79.

The number of violent incidents recorded between prisoners fell by 39.4% between 2019 (477)1 and 2020.

  1. prison administration, 2020 Report, p. 79. ↩

  • The number of violent acts and threats among people incarcerated at Halden Prison in the second quarter of 2023 was twice as high as in the first quarter (22 vs 11). A significant number of incarcerated individuals said they felt unsafe in the facility.

    i
    22/05/2024
    / Parliamentary Ombud, "Visit report n°77, Halden Prison", p. 20.

Number and percentage of prisoners who participate in socio-cultural activities

-

Inmates are consulted on the proposed activities. They may, upon admission, indicate the activities that interest them. They can propose new ones.

  • Halden Prison organises programmes that can be run by incarcerated persons.

    i
    22/05/2024
    / Parliamentary Ombud, "Visit report n°77, Halden Prison", p. 17.

The prison service offers activities to prisoners

yes

The Correctional Service requires inmates to engage in daytime activities such as work, training, programmes and other activities.
Remand prisoners are not required to take part in these activities (Enforcement of Sentences Act, section 49).

  • Halden Prison organises retreat programmes lasting 8 or 21 days. They include silent meditation, prayer, shared meals, and exercises with advice sessions. People incarcerated in other facilities can participate in the programme at Halden Prison. Programmes are also organised around topics such as the role of a parent in prison and finding motivation to face a life without crime.

    i
    22/05/2024
    / Parliamentary Ombud, "Visit report n°77, Halden Prison", p. 17.

Education is available for all prisoners

yes

  • The NPM notes that higher education is no longer available at Halden Prison.

    i
    2024
    / Parliamentary Ombud, "Visit report n°77, Halden Prison", pp. 5 and 17.

Solitary confinement is decided

  • at a magistrate’s order
  • by the prison governor

Court-ordered solitary confinement:

The District Court may order isolation of remand prisoners to prevent collusion or tampering with evidence.

The court’s decision is subject to appeal. It is based exclusively on written arguments (Criminal Procedure Act, section 186a).

Solitary confinement by decision of the prison authorities:

The prison authorities may decide to place a person, whether an accused or convicted person, in solitary confinement. Such a decision may be justified as :

  • preventive measure in ordinary situations (Enforcement of Sentences Act, section 37).
  • coercive measure in a “security cell” or “smooth cell” (Execution of Sentences Act, section 38).
  • special high security treatment (særlig høy sikkerhet) (Execution of Sentences Act, section 10).
  • disciplinary penalty of a maximum of 24 hours (Execution of Sentences Act, sections 39 and 40).

The power of decision is normally vested in the head of the facility. Special cases (long sentences, minors, etc.) may require the involvement of the regional or national authorities.

Administrative decisions may be challenged in court. This type of appeal is rare. The procedure is costly and lengthy (sometimes longer than the measure itself).

  • The NPM notes that healthcare professionals give advice to Halden correctional services about placing incarcerated individuals in solitary confinement (reinforced cells and security cells). It highlights the risks this poses to their independence and their duties as healthcare professionals.

    i
    22/05/2024
    / Parliamentary Ombud, "Visit report n°77, Halden Prison", p. 7.

Admission staff are trained to recognize prisoners at risk of self-harm or harm to others. This is part of their mandatory two-year training.

  • The NPM notes that, among the 20 incarcerated individuals interviewed at Halden Prison, half had had a full intake interview within the first 24 hours. The report points out deficiencies in identifying suicide risk upon arrival, and insufficient documentation of physical injuries that were observed later.

    i
    22/05/2024
    / Parliamentary Ombud, "Visit report n°77, Halden Prison", p. 6

Deaths in custody are logged in a register

yes

  • The NPM reported three total deaths at Halden Prison in 2022 and 2023. One was listed as a suicide, and the other two were due to natural causes. A clear and detailed account was drawn up outlining how the situation was managed. No documents provided an assessment of the procedures implemented to prevent these deaths.

    i
    22/05/2024
    / Parliamentary Ombud, "Visit report n°77, Halden Prison", p. 6.

Some prison facilities, units or cells implement high-security measures

yes

Closed facilities have different levels of security. Prisoners in secure detention (forvaring) are placed in very high security cells in the special units. The units housing remand prisoners are equipped with reinforced security features. Detox units, however, have less security measures. Some facilities use dogs trained to detect drugs. There are twelve such dogs as of 2023.

Special cells, known as “security cells”, are intended for prisoners whose behaviour is considered particularly aggressive. The prison governor determines when this type of temporary placement is necessary. Prisoners considered dangerous to themselves are subject to hourly surveillance rounds. The governor reports placement in this type of cell to the regional administration when it exceeds more than three days. The security cells are not necessarily located in a special area.

Some facilities have security cells with dry toilets. These are used in cases of serious suspicion of drug trafficking or drug use. The dry toilets make it possible to detect the possible presence of concealed and ingested narcotic products. Placement in this type of facility usually lasts three days and facilitates stool analysis after digestion.

The mortality rate after release from prison is higher among prisoners who had been held in high-security prisons, explain researchers from the University of Oslo in 2022. They note that in these facilities, prisoners are more likely to suffer from mental health disorders and spend more time in their cells and less time participating in activities. When they are released, they have a higher risk of suicide, cancer and cardiovascular disease.

  • The NPM notes that incarcerated individuals are not authorised to speak to a solicitor when they are being held in security cells. No explanation was given as to why the use of these cells was deemed “strictly necessary”.

    i
    22/05/2024
    / Parliamentary Ombud, "Visit report n°77, Halden Prison", p. 6.

Prisoners and visitors can meet without physical barriers

yes

In exceptional cases, a barrier may separate the prisoner from their visitor (suspicion of drug trafficking, assignment to a special high-security unit, etc.).

  • The NPM notes that Halden Prison does not carry out specific assessments for determining whether a person should be denied visits or if control measures are necessary during visits. It judges the restrictions regarding contact with friends and family to be too strict.

    i
    22/05/2024
    / Parliamentary Ombud, "Visit report n°77, Halden Prison", p. 6

Foreign prisoners can be assisted by an interpreter

in some cases

Foreign inmates may, during each meeting with their lawyers, be assisted by an interpreter free of charge.

  • The NPM notes that Halden Prison very rarely makes use of interpreters, even during prisoner intake. The prison relies on the linguistic abilities of its staff and incarcerated individuals as well as online translation platforms.

    i
    22/05/2024
    / Parliamentary Ombud, "Visit report n°77, Halden Prison", pp. 5 et 21.

Variation in the number of prison guard positions

decrease

The number of prison guards decreased by 18.2% between 2022 (3,920.1)1 and 2023 (2,961.2).

  1. Council of Europe, SPACE I Report 20232, table 19. ↩

  • The NPM is concerned by reduced staff numbers at Halden Prison and the resulting effects on security. The number of officers fell from 318 in 2020 to 236 in 2023.

    i
    22/05/2024
    / Parliamentary Ombud, "Visit report n°77, Halden Prison", pp. 5 et 18.

The duration for placement in solitary confinement is limited

depending on the type of isolation

Court-ordered solitary confinement of persons in remand:

The length of isolation depends primarily on the length of the maximum sentence incurred. There is no time limit. A person charged with crimes punishable by a maximum of six years imprisonment may not be kept in solitary confinement for more than six weeks. The court may decide to extend the measure. The usual duration of the measure is two to four weeks. It rarely exceeds 90 days.

The isolation measure ordered by the court may be replaced by another decided by the prison authorities. The detainees are then kept in solitary confinement for a lengthy period, subject to the legal conditions.

Ordinary preventive solitary confinement (Penal Enforcement Act, Section 37):

Regional prison authorities decide on the measure for periods longer than 14 days. The national authorities should be notified of placements for more than 42 days and of each further period of 14 days. The duration of the measure should not exceed one year.

Administrative isolation of minors should not exceed seven days. The national authorities should be notified immediately and again for a period of more than five days. The regional authorities determine on placement for a period longer than three days.

Solitary confinement in special security cell (Enforcement of Sentences Act, section 38)

There is no limit on the duration of placement in special security cells. Continuation beyond three days is subject to the authorisation of the regional authorities. The national authorities shall be notified of any placement exceeding six days. These authorisations and warnings shall be 24 and 72 hours respectively for minors.

Special high-security isolation (Enforcement of Sentences Act, Section 10):

Placement in solitary confinement is mandatory for the special high-security regime.The regime involves strict security measures and may last for several years. It is not formally limited in time. It is used infrequently.

Disciplinary segregation (Penal Enforcement Act, section 40):

The duration of disciplinary isolation is limited to 24 hours.

  • The NPM notes that certain incarcerated people spent 35 to 64 days in reinforced cells in Halden Prison. It pointed out the increased risk of injury from prolonged solitary confinement.

    i
    22/05/2024
    / Parliamentary Ombud, "Visit report n°77, Halden Prison", p. 5.

All prisoners are entitled to spend at least one hour a day in the open air

yes

Norwegian law provides that “Inmates shall, as far as possible, spend time outdoors daily” (Penal Enforcement Act, section 22).

  • The NPM notes that incarcerated persons are held in their cells for over 19 hours, or sometimes over 22 hours, in several units of Halden Prison.

    i
    22/05/2024
    / Parliamentary Ombud, "Visit report n°77, Halden Prison", p. 5.

A regional body monitors the places of deprivation of liberty

yes

The European Committee for the Prevention of Torture (CPT)

  • The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) carried out a periodic visit to various facilities in May 2024. It visited the prisons of Agder, Halden, Ila, Telemark and Tromsø.

    i
    03/06/2024
    / Council of Europe

The administration uses waiting lists to prevent overpopulation. As a result, convicted offenders may wait up to six months to begin serving their sentences.

  • The Parliamentary Ombud (Norwegian NPM) criticised the situation of numerous individuals in remand custody being held in facilities for convicted individuals due to a lack of space in remand prisons. Some stay on a waiting list for a period that could be considered excessive in the eyes of the law. This wait reduces the likelihood of obtaining sentence reductions or parole.

    i
    09/04/2024
    / Parliamentary Ombud, “The parole offer for remand prisoners waiting in line for a place in the remand ward”, §5.