– I have not thought about going back to prison, but I am happy on behalf of everyone else who receives medicine, and hope it will be a solution for them, says Joakim Smaavik to news. In 2022, news told about Smaavik, who was denied medical cannabis in Trondheim prison – even though Bodø prison thought he became too ill to serve time without it. Because the medicine was prescribed by a foreign doctor, the prison believed that it was not legally prescribed. Through his lawyer, Joakim complained to the Civil Ombudsman. More than a year later, the case has been fully investigated. Now the Civil Ombudsman says that refusing Joakim to use the medicine he receives outside prison is a breach of both the European Convention on Human Rights and the Norwegian constitution. Joakim Smaavik gets this on prescription. Photo: Caroline Utti / news The ombudsman also believes that the prison and the Norwegian Correctional Service breached the Public Administration Act in the way they handled Smaavik’s case. – I am not really surprised by the result. It is quite logical that when I get my medicine legally, no public agency can deny it to me, says Smaavik. Considering going to court Smaavik has ADHD and struggles with anxiety and depression. He believes cannabis helps. He describes the 38 days Smaavik served in Trondheim prison as heavy. Now he expects the Directorate of Correctional Services to change its practice. – I would like to think of an apology from them. And I want them to follow up on the Civil Ombudsman’s statement. That is my greatest wish. Smaavik recently became a board member of Medcan Norge, but speaks in this matter as a private person. Do you have any tips in this matter? Feel free to send me an e-mail, or contact me by phone/Signal: 41462909 Smaavik’s lawyer, Lars Mathias Undheim, is happy to have been successful. At the same time, he believes the statement is not enough to repair the damage Smaavik suffered by serving time without medication. – There has been a breach of elementary case management rules in the Public Administration Act, and what they have done has been downright illegal. They have violated his human rights, says Undheim to news. Photo: Caroline Utti / news Now Smaavik and the lawyer are considering legal action. – In order for this to have a disciplinary effect on the Correctional Service, I believe it is important that compensation is provided, says Undheim. Undheim believes that Smaavik is probably one of many who have been subjected to violations in prison. He believes the Civil Ombudsman’s statement will lead to a lasting change in Norwegian prisons’ medicine practice: – From now on, the applicable law is that people have the right to bring their prescribed cannabis medicine into prison, regardless of whether it is from Norway or abroad, and regardless of whether it contains THC or not. The prison can no longer deny it. It is illegal. I hope Joakim will be among the last to be subjected to this. Photo: Caroline Utti / news Asks the ministry to clean up In the decision, the Civil Ombudsman writes that they will inform the Directorate of Correctional Services and the Ministry of Justice about “the deficiency that has been uncovered in the practice of the correctional services”. “The ombudsman asks the directorate and the ministry to ensure that the practice is changed in accordance with the ombudsman’s view, and to give the ombudsman feedback on his follow-up of the case,” the decision states. After the story of Remi Sølvremo, who ended up in hospital when he was deprived of medical cannabis in Vadsø prison, Justice Minister Emilie Enger Mehl had to answer questions about medical cannabis in prison in the Storting. At the time, Mehl said that she did not think there was a need for other specific guidelines from the correctional service regarding cannabis. The Ministry of Justice declines to comment on this now. In a statement sent by senior adviser Camilla Fosse, the ministry writes that this statement will be followed up in the same way as other statements from the ombudsman are followed up. – The ministry cannot comment on the specific case, the application of the law or any consequences until we have finished our treatment, writes Fosse. Smaavik uses “vape” to take the medicine. Photo: Caroline Utti / news The Norwegian Correctional Service apologizes The Norwegian Correctional Service now wishes to apologize to Smaavik for the fact that the case was not dealt with at the right time. – We must take responsibility for what we have done and not done. We kind of live off of other people’s mistakes. Then we have to make sure that we manage to do things right ourselves, and have to adapt to the feedback we get – whether it’s from the civil ombudsman, the human rights court or Norwegian courts, says regional director Frode Børstad to news. Børstad says they will now ensure that the practice in the prisons in the region will now follow the guidelines from the Civil Ombudsman. – As regards the proceedings at the region, we would like to note that it took too long, and unfortunately no written statement was obtained from the prison health service, says Børstad. Photo: Caroline Utti / news He adds that he believes the long processing time is a consequence of changes in the Correctional Service. Furthermore, Børstad says that they are now working to clarify the guidelines in this type of case. The Directorate of Correctional Services states that they will send out a clarification of the rules for medical cannabis to the prisons in Norway.
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Human rights violation to refuse medical cannabis in prison – news Norway – Overview of news from different parts of the country
