Article 10

118. Some information relevant to Article 10 may be found under Articles 7 and 17.

Prisons

119. The Government submitted a white paper on the Prison and Probation Service to the Storting on 23 April 1998 (Report No 27 (1997-98) to the Storting). The white paper contained a thorough review of existing penal sanctions and the care and confinement of criminals, and was the basis for the new Act of 18 May 2001 No 21 relating to the Execution of Sentences, etc., which replaced the 1958 Prison Act. The Execution of Sentences Act and appurtenant regulations and comprehensive guidelines entered into force on 1 March 2002. (An English translation of the Act and the regulations is enclosed at Appendix 8.)

120. The Execution of Sentences Act deals with the execution of prison sentences, preventive detention, remand in custody and community sentences. The UN Standard Minimum Rules for the Treatment of Prisoners and the Council of Europe’s European Prison Rules have been normative for the Act.

121. The Act explicitly states that a sentence shall be executed in a manner that takes account of the purpose of the sentence, that serves to prevent the commission of new criminal acts, that safeguards the interests of the community, and that within this framework ensures satisfactory conditions for the prisoner. The convicted person shall be given the opportunity to make an individual effort to avoid committing new criminal acts (section 2).

122. The new provisions focus particularly on individually adjusted execution of sentences in a manner that satisfies the need for security. Sentences of imprisonment may be executed in prisons with a high security level, prisons with a lower security level, prison/halfway houses, outside prison subject to special conditions or on probation subject to conditions.

123. Prisoners are entitled to complain to the Prison Governor, with the right to appeal to the regional level of the Norwegian Correctional Services. Prisoners may also complain to the Parliamentary Ombudsman for the Public Administration. Moreover, in connection with each region there is a supervisory council that exercises supervision over the prisons and the offices of the Probation and Aftercare Service and the treatment of the prisoners, while also ensuring that the treatment of prisoners is in accordance with the Act, the regulations and other provisions. This allows prisoners to talk with and complain to persons other than the prison and probation officers. Prisoners are given information regarding these rights. Moreover, the guidelines issued under the Execution of Sentences Act state that the Act, regulations and guidelines shall be available in prisons and probation offices, and that other relevant provisions shall be given to the prisoners on request. The Execution of Sentences Act and regulations are available in English. Interpreters are frequently used.

124. Pursuant to section 3 of the Execution of Sentences Act, the substance of the execution shall be based on the measures available for assisting a convicted person to adjust to society, and the Correctional Services shall make suitable arrangements for enabling a convicted person through efforts of his or her own to avoid committing new criminal acts. The regulations state that suitable arrangements shall be made for enabling the convicted person to amend his or her way of life and to prevent recidivism. Furthermore, the Act states that there shall, as far as possible, be a gradual transition from imprisonment to complete freedom, and opportunities to participate in leisure activities shall also be provided. Thus, the rehabilitation aspect is now enacted, and provided for in the guidelines.

125. Prisoners are provided with a personal contact officer who assists him or her. They are also provided with a “plan for the future”, which is a written and agreed plan for the prisoner’s imprisonment. The plan shall be solution-oriented, and open for questions regarding work and education for the duration of the sentence, participation in programmes, leisure-time activities, etc.

126. A comprehensive menu of programmes is now available. These programmes set out structured plans directed at sentenced and remanded persons, and are usually in the form of education, skills training and/or structured conversations. Reference is made to Norway’s fourth periodic report of 1997, paragraphs 112 to 116. In addition to those mentioned there, the following new programmes are offered:

• Offender Substance Abuse Programme, with follow-up programme for the Probation Service
• Stop Crime – a programme directed at recidivists
• Win – a programme for women
• One to One – a cognitive programme used both in prisons and in the Probation Service
• ATV – discussion groups for violence/sexual offenders
• Anger Management Programme
• Sexual Offenders Programme

127. If special security reasons so warrant, a convicted person may be committed to a department with an especially high security level. Certain special provisions apply concerning committal to and detention in such departments due to the special need for security. At the moment, there are no prisoners in such a department in Norway.

128. Contact with the outside world is ensured through day release, mail, visits, telephone calls, leave of absence and escorted leave. Prisoners shall be located in the vicinity of their home districts when this is possible. This eases the possibility for contact with the family. Pursuant to section 3 of the Execution of Sentences Act, particular importance shall be attached to a child’s right of access to his or her parents during the execution of a sentence. Representatives from various non-governmental organisations, such as the Red Cross and law student’s associations, visit prisoners frequently,.

129. Norway does not have separate prisons for remand prisoners. There are, however, some departments in prisons that are exclusively for remand prisoners. The guidelines issued under the Execution of Sentences Act state that special attention should be had to the suitable grouping of inmates.

130. The status of remand prisoners as persons who have not been convicted is emphasised in the provisions. The Execution of Sentences Act has a separate chapter regarding remand prisoners, which gives those inmates exclusive rights. Section 46 states that the Correctional Services may not impose other restrictions on the liberty of remand prisoners than those necessary for effecting the purpose of the imprisonment or maintaining peace, order and security in the prison, and that detrimental effects of the imprisonment shall as far as possible be prevented. Furthermore, priority shall be given to remedying the negative effects of isolation on persons remanded in custody who are subjected to restrictions pursuant to the Criminal Procedure Act.

131. Remand prisoners are entitled to participate in work, training, programmes or other measures, but they may not be ordered to take part in such activities. Remand prisoners are as a general rule entitled to make use of their own money. They may be treated by their own doctors and dentists. Remand prisoners shall be given priority as regards taking part in activities and associating with the staff in order to reduce the detrimental effects of isolation.

132. Juvenile offenders are not always separated from adults. In Norway’s experience, separate prisons/departments for juvenile offenders are not necessarily successful. The main focus is therefore to ensure an appropriate grouping of the inmates, and an overall assessment is made in each case when a person is imprisoned. Security assessments, the juvenile offender’s need for measures, education, training, programmes or work and his or her state of health are relevant factors. The importance of rehabilitating persons in this category of offenders is emphasised.

133. Most juvenile offenders in Norway are sentenced to alternative penalties, such as community sentences and mediation. On 12 August 2004, 11 persons under the age of 18 were imprisoned in Norway.

Mental hospitals

134. The 1999 Mental Health Care Act (described under Articles 7 and 9) is based on the necessity to respect the patient and his or her human rights. According to the Act (see in particular chapter 4), the patient shall as far as possible be treated in such a way as to safeguard his or her possibility of deciding for himself or herself. Steps shall be taken to ensure that the patients are allowed to:

• Take part in shaping the day-to-day life of the institution and other matters that affect the individual patient;
• Have the opportunity to cultivate their private interests and hobbies;
• Have access to the activities offered within the limits of the house rules;
• Have the opportunity to engage in outdoor activities daily.

Consideration shall also be given to the individual’s essential beliefs and cultural background (section 4-2).