CAT/C/NOR/CO/8 Isolation in pretrial detention 15. The Committee is concerned about the high incidence of systematic isolation, often not required for reasons relating to the investigation, during pretrial detention in police cells, based on a high degree of discretionary assessment, which often cannot be legally challenged. This may amount to de facto solitary confinement and is the result of insufficient space in prison buildings and insufficient staff in regular detention facilities. The Committee is also concerned about the rate of suicides in pretrial detention and about mental and other health problems that may arise from the imposition of isolation and for which treatment may not always be provided (arts. 2, 11 and 16). 16. The State party should adhere strictly to the 48-hour custody rule and ensure that pretrial detainees are moved as soon as possible to prison facilities in order to avoid unnecessary isolation during their detention in police cells, which may amount to de facto solitary confinement and give rise to mental health problems. It should apply rigorous criteria for isolation and provide inmates with legal and procedural safeguards to address their situation in order to prevent discretionary assessments, as well as with adequate mental and other health care, in particular when subjected to isolation. The State party should ensure sufficient prison facilities and staff, as well as adequate material conditions, to address the needs of and accommodate all pretrial detainees. Solitary confinement 17. The Committee is concerned: (a) About the continued high rates of prolonged isolation and an increase in the number of registered cases of exclusion, isolation, “shielding” and similar restrictive regimes regarding remand and sentenced prisoners, which amounts to solitary confinement, and is due to a large extent to building conditions and staff shortages, including the report in the Bergens Tidende on 24 March 2018 that a detainee in Bergen city prison had been subject to isolation in a security cell for almost 1,700 hours over the previous two years (979 hours in 2016 and 700 hours in 2017); (b) That conditions of de facto isolation that are similar to solitary confinement are not based on an individual administrative decision with a legal basis for exclusion and therefore cannot be challenged or appealed; (c) About the absence of a set maximum number of days a prisoner can be kept in full exclusion, and that the amendments to the Execution of Sentences Act, whereby isolation can no longer be used as a disciplinary measure against minors and, as a preventive measure, must be limited to a maximum of seven days, have not yet entered into force; (d) That the legal basis for the use and length of solitary confinement continues to be insufficiently precise and may result from discretionary decisions not respecting the principles of proportionality, which prevent the possibility of administrative or judicial supervision and can amount to violations of the Convention (arts. 2, 11, 12, 13, 14 and 16). 18. The Committee reiterates its recommendation (see CAT/C/NOR/CO/6-7, para. 11) that the State party ensure full conformity with the Convention and the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) adopted in 2015, and should: (a) Implement effectively the revised guidelines enacted by the Government in March 2017 that lay down detailed criteria on the use of solitary confinement and ensure that issues relating to infrastructure and staffing are not used as grounds for exclusion; (b) Reduce the use of solitary confinement to situations that are strictly necessary and amend the legislative framework in order to limit the use of such confinement to exceptional circumstances; (c) Ensure that persons subjected to solitary confinement are attended to by medical staff on a daily basis, that their isolation is discontinued if it is found to 4

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