On Monday, it became known that the former policeman Eirik Jensen, who was convicted of corruption, has been granted an interruption of his sentence for health reasons. As of 13 March, there were 3,094 inmates in Norwegian prisons. 13 inmates are on suspended sentences at the time of writing, according to figures news has received from the Correctional Service. Last year, a total of 57 inmates were granted sentence breaks. This amounts to around 0.2 per cent of the inmates. The Correctional Service does not have figures on how many inmates have applied for an interruption of their sentence. – The law equal for all? Johan Lothe is head of the foundation Wayback, which works for the rights of inmates, and helps people after serving their sentence. He says that there are many very sick prisoners in Norwegian prisons, but it is almost impossible to have sentences interrupted, even for prisoners who engage in serious self-harm. Johan Lothe leads Wayback. Photo: Privat – Then we ask ourselves if the law is the same for everyone? – Do you feel that there is no equality before the law? – Yes, we feel that there is a difference when it comes to high-profile cases, claims Lothe. He believes that there are many people who are in the same situation as Eirik Jensen. Think many people are not capable of serving time – We certainly have some we meet where we think that this person is not really capable of serving time. That’s what Adrian Leander Skagen says. He is a law student and a case manager in the prison group of Jussbuss. They offer free legal advice to people who cannot afford a lawyer. Skagen says that many are very ill when they make contact. Adrian Leander Skagen is a case manager in the prison group of Jussbuss. Photo: Jussbuss – For example, cancer is a very classic example. We have also had clients who have been psychotic in prison, says Skagen. – They haven’t had their sentences interrupted? – No. We have guided them on suspension of sentence. Then we don’t know what they have done with it further. But as far as we know, they are still in prison. Correctional Service: – We are concerned with equal treatment In an email to news, the Correctional Service writes that a significant proportion of inmates in prisons “have one or more mental disorders and that the state of health is generally worse for inmates in prison than for the rest of the population.” They say that an individual and holistic assessment is always made when inmates apply for a suspension of their sentence. It is not enough that the punishment is “unfortunate” or “unpleasant” for health reasons. Nor does the Correctional Service have the option of granting a break in sentence for inmates who have been sentenced to detention. In the assessment, particular emphasis must be placed on whether it is likely that the inmate will commit new criminal offenses outside, whether they will run away or break the agreement in some other way. Consideration of the inmate’s health is weighed against consideration of social security. Furthermore, they write that it is generally important for the correctional service to: “take care of all inmates and convicts, regardless of their resource situation and regardless of whether they are represented by a lawyer, support persons or others. We are concerned with equal treatment and legal equality and to ensure that the rights of all inmates and convicts are satisfactorily safeguarded.” See the full answer at the bottom of the article. Many suicide attempts In November last year, news wrote that the Correctional Service believes that more than nine out of ten inmates in Norwegian prisons show signs of mental disorders and/or personality disorders. – There are inmates who have been diagnosed as chronically suicidal, where we see that if we do not use coercive measures on them, they actually try to kill themselves almost every day, said department director Heidi Bottolfs in the Directorate of Correctional Services. Especially among female prisoners, there are many suicide attempts. The Correctional Service believes that the problem has increased in recent years, in line with the downsizing of inpatient places in psychiatry. Released for six months Convicts who receive a suspended sentence will be temporarily released for six months. During the period, they can move freely within Norway’s borders. When the period comes to an end, the convicted person must apply again for suspension of sentence. Fresh documentation is then collected, according to the Norwegian Correctional Service. Another possibility is to apply for a zone at home with an anklet. This is a new scheme for those who have had their sentences interrupted for a long time, but do not meet the requirements for a pardon. It was the Bureau for Police Affairs that investigated and arrested Eirik Jensen. Assistant chief Guro Glærum Kleppe was the prosecutor in the case. When asked how they view the suspension of the sentence, she says that this is up to the Correctional Service. – The Bureau was not aware of the decision to suspend Eirik Jensen’s sentence until it was mentioned in the media, she tells news. The Eirik Jensen case in two minutes. The Correctional Service’s response The Correctional Service has a duty of confidentiality regarding information about inmates, convicts and former inmates. We cannot therefore comment on individual cases. On a general basis, we can say that a significant proportion of inmates in prisons have one or more mental disorders and that the state of health is generally worse for inmates in prisons than for the rest of the population. This is also shown in the survey by researcher Victoria Cramer, which was carried out by the Competence Center for Security, Prison and Forensic Psychiatry Health Region South-East (Sifer) and Oslo University Hospital HF, Ullevål in 2014. Here it was revealed, among other things, that 92 percent of the inmates show signs of mental illness. We also point out that inmates have the same patient and user rights as the rest of the population. This means that they have the same right to health and care services from the municipality, dental health services from the county council and health care from the specialist health service, including mental health care and interdisciplinary specialist drug treatment. About suspension of sentence and suspension of sentence The starting point is that the sentence must be carried out as imposed and the threshold for granting suspension of sentence or granting suspension of sentence is high. The correctional service can decide that the execution of the sentence must be suspended if the convicted person’s state of health so requires, or when there are otherwise particularly weighty reasons that cannot be remedied in any other way. This follows from Section 35 of the Execution of Sentences Act. When inmates apply for a suspension of their sentence, an individual and comprehensive assessment of the convicted person and the person concerned’s case is carried out in which all relevant circumstances are reviewed. A concrete assessment of the individual case is carried out, where both the convict’s health and the possibilities for an adapted sentence are assessed. If deemed necessary, further documentation is obtained in the case or experts are used to assess the convict’s state of health. The Norwegian Prison and Probation Service has entered into an agreement with NERS (National Unit for Forensic Psychiatric Expertise) where we can contact you to request independent experts. Risk of failure assessment Interruption is only granted if, after a concrete overall assessment, it is considered safe in terms of safety. Particular emphasis must be placed on whether there is reason to assume that the inmate will commit a new criminal offense during the suspension, evade execution by not being present after the suspension has ended or break the prerequisites and conditions of the suspension or abuse the suspension in some other way. If interruption is relevant for health reasons, the consideration for the inmate’s health must be weighed against the consideration for social protection, including the type of criminal offenses that are at risk. Basic conditions for granting suspension of sentence A concrete, discretionary assessment must be made in the individual case, and it must be assessed whether the problems can be solved in a different way than by suspension, for example by granting leave, extended leave period, extended leave quota, extended telephone time or presentation. Guidelines for the exercise of discretion The execution of the sentence can be interrupted when it is deemed necessary for health reasons. The state of health of inmates must be documented and of such a nature that interruption will be able to remedy the problems. Interruptions are not granted if the inmate’s state of health can be taken care of to a sufficient extent in the prison. Before an interruption is granted, consideration must be given to transfer to another suitable prison, execution of a sentence in an institution in accordance with Section 12 of the Execution of Sentences Act or execution of a sentence in a hospital, cf. Section 13 of the Execution of Sentences Act. Interruption is particularly applicable during periods of day placement in hospital or outpatient treatment, as such connection to the hospital is not sufficient to satisfy the requirements for execution of the sentence. It is not sufficient that the punishment for health reasons is not desirable, unpleasant or will have adverse effects on the possibilities of healing. There must be a documented risk that the sentence may result in an already serious or weak state of health worsening, or the possibilities for healing to a significant extent diminish. Possible reasons why not all inmates with major health challenges are granted suspension of sentence As shown above, an individual and concrete overall assessment is always made of whether there are grounds for granting suspension of sentence. There may be several reasons why not all inmates with major health challenges are granted a suspended sentence, for example there may be security reasons for this or it may be that it is considered that the inmate’s state of health can be adequately taken care of in prison. In addition, many of the inmates who have major health challenges are remanded in custody or sentenced to custodial sentences, and the correctional service has limited room for maneuver here. It is not possible to grant suspension of sentence where the convicted person has been sentenced to detention. Nor does the Correctional Service have the authority or access to grant suspensions of sentences where inmates are remanded in custody. Here, it is the court that must decide whether further detention is proportionate. In general, it is important for the correctional service to emphasize that we focus on looking after all inmates and convicts, regardless of their resource situation and regardless of whether they are represented by a lawyer, support persons or others. We are concerned with equal treatment and legal equality and to ensure that the rights of all inmates and convicts are satisfactorily safeguarded.
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Think many inmates are in the same situation as Eirik Jensen – news Norway – Overview of news from different parts of the country
