CAT/C/NOR/CO/6-7
The Committee urges the State party to establish a national human rights institution
with a mandate in accordance with the Paris Principles, and provide it with the
necessary financial and human resources.
Preventive detention
9.
The Committee expresses its concern regarding the system of preventive detention,
in particular concerning the frequency by which it is used as well as, in some cases, its
prolonged length. The Committee further notes with regret that minors between 15 and 18
years old may be subject to preventive detention (arts. 2, 11 and 16).
The State party should revise its system of preventive detention, reducing its use to an
absolute minimum. Taking into account the provisions of the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the
State party should also consider abolishing the practice of subjecting young offenders
to preventive detention, except in exceptional and extraordinary cases according to
specific and strict criteria defined by law.
Pretrial detention
10.
The Committee expresses its serious concern with regard to the extensive use of
police detention cells for pretrial detention longer than 48 hours and regrets that minors also
continue to be subjected to this practice. The Committee regrets further that there is a lack
of general and formalized routines on how to handle minors in pretrial detention, as the
Norwegian Ombudsman for Children has received reports by several minors describing
their stay as “extremely exhausting”, with inadequate follow-up from the child welfare
service and health-care services (arts. 11, 12, 13 and 16).
The State party should abolish the widespread use of police detention cells beyond the
48- hour term required by the law. The State party should use pretrial detention of
minors as a measure of last resort and should also ensure that child welfare
emergency officers are available in all police districts. It should develop clear and
foreseeable routines for treatment of minors in police custody and see they are
effectively implemented in practice.
Solitary confinement
11.
The Committee regrets the widespread and, in some cases, the prolonged use of
solitary confinement, which might constitute a violation of the Convention. While noting
with concern that almost one third of the cases concerned prisoners on remand, the
Committee regrets that detailed statistics on the use and the length of solitary confinement
are not yet available. The Committee also expresses its concern about the existing legal
basis for the use of solitary confinement, as it is not formulated with sufficient precision,
leaving the possibility for highly discretionary decisions, which prevents the possibility of
administrative or judicial supervision. The Committee regrets that detainees are not always
appropriately informed on the grounds for imposition of solitary confinement and that the
systems for control and review do not appear to ensure that they enjoy appropriate legal
protection (arts. 2, 11 and 16).
In order to ensure full conformity with the Convention and taking into account the
provisions of the United Nations Standard Minimum Rules for the Treatment of
Prisoners, the Committee urges the State party to:
(a)
necessary;
Reduce the use of solitary confinement to the situations that are strictly
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