[
* The initial report submitted by the Government of Iceland is contained in document CAT/C/37/Add.2; for its consideration by the Committee, see document CAT/C/SR.350, 351 and 357, and Official Records of the General Assembly, Fifty-fourth Session, Supplement No. 44 (A/54/44), paras. 53-60.
The information submitted by
The enclosures referred to in the present report are available for consultation at the Office of the United Nations High Commissioner for Human Rights.
(By Paragraphs)
Introduction ........................................................................................... 1 - 4
I. NEW MEASURES AND DEVELOPMENTS RELATING TO
THE IMPLEMENTATION OF THE CONVENTION ................. 5 - 34
A. New measures and developments regarding general
observations in Part I of the initial report of
B. New measures and developments regarding individual
provisions of the Convention, following the order of
articles 1-16 .......................................................................
10 - 34
Article
2 .............................................................................
10
Article
3 .............................................................................
11 - 16
Articles
4, 5 and 6 ..............................................................
17
Article
7 .............................................................................
18
Articles
8 and 9 ..................................................................
19
Article 10 ........................................................................... 20 - 22
Article
11 ...........................................................................
23
Articles
12 and 13 ..............................................................
24 - 30
Article
14 ...........................................................................
31 - 32
Article
15 ...........................................................................
33
Article
16 ...........................................................................
34
II. ADDITIONAL INFORMATION REQUESTED BY THE
COMMITTEE: INFORMATION ON CONSTRAINING
MEASURES APPLIED IN PSYCHIATRIC HOSPITALS ........... 35 - 49
III. COMPLIANCE WITH THE COMMITTEE’S CONCLUSIONS
AND RECOMMENDATIONS .................................................... 50 - 72
A. The Committee’s recommendation that torture be defined
as a specific offence in Icelandic law ................................... 50 - 60
CONTENTS (continued)
(By Paragraphs)
B. The Committee’s recommendations that the Icelandic
authorities review the provisions regulating solitary
confinement during pre-trial detention in order to
reduce considerably the cases to which solitary
confinement could be applicable .......................................... 61 - 71
C. The Committee’s recommendation that the legislation
concerning evidence to be adduced in judicial proceedings
be brought in line with the provisions of article 15 of the
Convention so as to explicitly exclude any evidence
obtained as the result of torture ........................................... 72
Introduction
1.
This Report contains information on legislation and measures taken
in
2. As Iceland’s last report (CAT/C/37/Add.2 of 9 June 1998) was also its first, Part I contained a detailed account of its constitutional structure and form of government, with a description of the role of the legislature, executive and judiciary and also the functions of the Parliamentary Ombudsman. A description was given of the human rights provisions of the Constitution and the international human rights to which Iceland has acceded and their status in Icelandic law. The report also contained a survey of the provisions in Icelandic law that prohibit torture and make it a criminal offence, and of rules that are designed to prevent it. Finally, an account was given of the remedies available to individuals who maintain they have been subjected to torture.
3.
A number of amendments have been made to the general features described
in Part I of
4. The guidelines laid down by the Committee on 2 June 1998 regarding the presentation of reports under paragraph 1 of article 19 of the Convention (CAT/C/14/Rev.1) have been followed in drawing up the present report.
I. NEW MEASURES AND NEW DEVELOPMENTS RELATING
TO THE IMPLEMENTATION OF THE CONVENTION
A. New measures and developments
regarding general observations
in Part I of the initial report of
5.
Paragraph 10 of
6.
Paragraph 33 mentioned the visit by the Committee for the Prevention
of Torture (CPT) under the European Convention against Torture to
7.
Paragraph 34 stated that punitive custody in
8. Paragraph 37 described the general procedure for handling charges against the police for alleged criminal offences in the course of their work. This procedure was amended by an act, No. 29/1998, amending the Police Act. Before the amendment, the National Commissioner of Police investigated these cases under the direction of the Prosecutor General. This was considered to be at variance with the principle of constitutional law, since the same party, i.e. the National Commissioner of Police, was given the power to suspend the person concerned on a temporary basis due to an alleged offence committed in the course of his or her work, and also to supervise the investigation of the alleged offence. Thus, amendments were made to articles 5 and 35 of the Police Act, by which allegations of an offence committed by a member of the police force are to be submitted directly to the Prosecutor General, who is to supervise the investigation of the case. When handling such a case, the Prosecutor General has all the authority that the police would have had, and the police are obliged to assist the Prosecutor General with the investigation of such cases.
9.
Paragraph 44 contained information on the total number of prison places
in Icelandic prisons. This has
not changed since the initial report of
Year |
Convicted prisoners |
Remand prisoners |
1998 |
99.6 (9.6) |
10.1 |
1999 |
90.8 (11.4) |
10.1 |
2000 |
82.7 (12.8) |
19.2 |
B. New measures and developments regarding individual provisions
of the Convention,
following the order of articles 1-16
Article
2
10.
On
Article
3
11.
Paragraph 52 of
12.
It should also be mentioned that
13.
Paragraph 53 of
14.
Paragraph 56 of Iceland’s initial report discussed the Supreme Court
judgement of 17 October 1997, in which the Court refused to allow
the extradition of a couple to the United States of America because there
was a significant danger that they would not receive a fair trial before a
court in Arizona. There was also a significant
likelihood that they would be treated inhumanely by being transported in irons
to their destination in accordance with rules governing prisoner transport
in the
15.
Paragraph 54 of
16.
There has been an increase in the number of applications for asylum
in
Year |
Applications for asylum |
Applicationswithdrawn |
Residence permits granted |
Deportations |
Appeals lodged with Ministry of Justice |
1997 |
6 |
0 |
4 |
2 |
2 |
1998 |
24 |
2 |
13 |
9 |
4 |
1999 |
24 |
8 |
5 |
11 |
9 |
2000 |
25 |
2 |
4 |
19 |
20 |
It should be mentioned that
during the period 1 January-
Articles
4, 5 and 6
17.
Please refer to
Article
7
18.
Please refer to
Articles
8 and 9
19.
No further material needs to be added to the discussion of these articles
in
Article
10
20.
Please refer to
21.
It should also be mentioned that the booklet, both in English and in
the Icelandic translation, was sent out to all police commissioners in
22.
It should also be mentioned that Iceland’s initial report under the
Convention was sent to the following parties:
the National Commissioner of Police, the National Police College, the
Prosecutor General, the National Prison Administration, the Directorate of
Immigration, the Ministry of Health, the Director-General of Public Health,
the Ministry of Foreign Affairs, the Parliamentary Ombudsman, the Icelandic
Human Rights Agency, the Human Rights Institute of the University of
Iceland, the Icelandic division of Amnesty International and the Icelandic
Red Cross. The observations made by the United Nations Committee
Against Torture regarding
Article
11
23.
No new measures or developments have occurred in the area covered by
this article. Please refer to
Articles
12 and 13
24.
25. A few cases have been examined under article 35 of the Police Act over the past five years. None of them involved allegations that policemen or other representatives of State authority had used coercion to obtain confessions or other information in connection with the investigation of criminal cases. Most of the complaints concerned the misuse of power in the course of police work, e.g. in connection with arrests or detention following arrest, illegal seizure of objects and illegal searches of premises. The following table shows the number of accusations brought against the police over the past five years and how many of them concerned brutality when making arrests and the abuse of power in the course of other actions by the police.
Year |
Charges, total |
Brutality in making arrests |
Other actions by the police |
1997 |
5 |
4 |
1 |
1998 |
26 |
15 |
11 |
1999 |
14 |
7 |
7 |
2000 |
16 |
11 |
5 |
2001(31 Oct.) |
18 |
12 |
6 |
26. It should be mentioned that where one policeman is involved in an accusation, this is recorded as one separate case, and that some of the instances listed here therefore reflect the fact that several policemen were implicated in one and the same accusation. Only one accusation brought in the period under examination resulted in an indictment; in this case, a policeman was indicted for having driven a police car under emergency conditions without showing due caution; the consequence was that it collided with a car crossing an intersection under a green traffic light, resulting in very serious injury to the driver of that car. The policeman was acquitted of the charge of violating article 219 of the General Penal Code (assault and battery caused by inadvertence), the Traffic Law and the Regulation on Emergency Driving.
27. Several cases arising in 2001 are still under investigation, and it has not been decided whether indictments will be issued.
28.
As was described in paragraph 125 of Iceland’s initial report, a prisoner
may present a complaint to the effect that a warder has tortured him to the
director of the relevant prison or the Prison and Probation Administration,
or may send a complaint of this nature directly to the commissioner of police
in the area in which the prison is located.
The Prison and Probation Administration received two communications
from prisoners complaining about degrading treatment during the period
29.
Any person who considers he has been wrongly treated by the authorities
can submit a complaint to the Parliamentary Ombudsman.
No complaints concerning torture or other inhuman or degrading treatment
by a public employee towards prisoners or persons deprived of their freedom
for other reasons have been received by the Parliamentary Ombudsman since
30.
It was reported in
Article
14
31.
32.
No court cases concerning demands for compensation for torture or other
inhuman treatment by public employees have been held since
Article
15
33.
No further developments have taken place in this area since
Article
16
34. No new measures or developments have taken place in the legislative field, and no judgements or rulings have been issued on matters covered by this article.
II. ADDITIONAL INFORMATION REQUESTED BY THE COMMITTEE:
INFORMATION ON CONSTRAINING MEASURES APPLIED IN
PSYCHIATRIC HOSPITALS
35.
Patients with mental problems are housed in four institutions in
36.
Sogn is a general institution for the criminally insane. It is located in a rural district in the south
of
37.
The Psychiatric Ward of the National and
38.
The Psychiatric Ward of the
39.
Patients in the psychiatric wards of the National and
40. The Legal Competence Act, No. 71/1997, contains provisions on the committal of individuals to hospital. Under the Act, a person may be committed to a psychiatric hospital against his will for up to 48 hours at the request of a doctor or his close relatives. In urgent cases that cannot be delayed, or if there are no close relatives, the relevant social affairs authorities can submit such a request. Those involved must be informed of their right to refer such a decision to a district court. Enforced committal may then be extended for up to 21 days if the Ministry of Justice so allows at the request of the doctor who originally requested the committal, or at the request of the senior psychiatrist of the relevant ward. Also in such cases, the patient is to be informed of his right to refer the Ministry’s decision to a district court. At all stages of these proceedings, the patient has the right to the assistance of a legal adviser appointed at no cost to himself, and to the services of a lawyer when the case is examined by a court. In order to guarantee that independent and impartial medical considerations are observed when ordering the extension of enforced committal, the rule in Icelandic psychiatric wards is that the opinion of a psychiatrist from another psychiatric ward should be obtained, where this is possible. In most cases, a written confirmation from the individual’s general practitioner regarding the need for an extension and an opinion issued by the consultant physician of the Ministry of Justice are also obtained.
41. The extension of enforced committal to a hospital beyond 23 days is subject to a ruling by a judge depriving the patient of the competence to manage his own affairs for up to six months. Further extension may only take place if a court delivers another ruling on the deprivation of legal competence following similar legal treatment.
42. The Legal Competence Act also contains provisions on the treatment of persons who are forcibly committed to hospital. Article 28 states that a person who is forcibly committed to a hospital without the approval of the Ministry of Justice having been obtained shall not be subjected to the enforced administration of medication or other enforced treatment; however, the physician on duty may decide that he shall receive enforced medication or other enforced treatment if he poses a threat to himself or other persons, or if his life is otherwise in jeopardy. The Act also states that a person who is committed to hospital against his will with the approval of the Ministry of Justice may only be subjected to the enforced administration of medication or other enforced treatment in accordance with the decision of a senior physician. The provision states that the Minister of Health may issue further regulations on the enforced administration of medication or other enforced treatment under the same article. No such regulations have been issued, however. “Enforced treatment” in this provision does not refer to the use of physical coercion of any type, such as the use of straps, straitjackets, etc.
43. Stuðlar is a diagnostic and treatment centre for young persons under 18 years of age. It is located on the outskirts of Reykjavík. It is not a psychiatric hospital, and the rules applying to it are different from those in the three institutions described above. Under the Legal Competence Act, individuals become legally competent (attain legal majority) at the age of 18. Legal minors can therefore be committed to Stuðlar against their will at the request of their parents or legal guardians.
44. Stuðlar is administered by the Child Welfare Agency, a body under the supervision of the Ministry of Social Affairs. Treatment centres administered by the Child Welfare Agency are of two types. On the one hand there is Stuðlar, the National Treatment Centre for Young Persons, which provides diagnostic treatment and short-term placement in emergency cases, and on the other there are long-term treatment homes, all of which are privately run under contracts with the Child Welfare Agency. The general pattern is that children and young persons go to Stuðlar for diagnosis, and thereafter to a long-term treatment centre when appropriate.
45. Stuðlar is a semi-closed institution, and its functions are of two types. On the one hand, its emergency department provides a home for up to four teenagers; on the other, up to eight teenagers who have been referred by child welfare committees for treatment can stay in the treatment department for up to four months. Facilities include treatment rooms, schoolrooms, a computer room, a workroom, a gymnasium, a hobby room and a securely enclosed garden.
46.
On arrival, teenagers are first placed in the emergency department,
which is closed and subject to fairly strict rules.
During this first period of examination and assessment, which normally
takes only 24 hours but may take up to a maximum of 14 days, they are under
close observation by the staff. The
outside doors are kept locked round the clock, and the doors of the individual
rooms may be locked at night. During
this phase, the teenagers are in their rooms, where they can listen to the
radio and watch television after 16.00 hours.
If they are kept in the emergency department for more than 24 hours
then they are to be allowed to be outside in the garden for at least an hour
a day. After this initial period, they
are permitted more and more “freedom” in stages, from the one-hour period
in the garden to organized recreational trips, visits to the cinema and to
a swimming pool. This description of
the treatment centre will suffice for the present report; a more detailed
account was given in the CPT’s report of
47. There are eight other treatment centres under the control of the Child Welfare Agency, with 48 places for teenagers aged 13-18. They have different specialist emphases. For example, the Árbót centre is for teenagers with behavioural problems, criminal tendencies or difficult home backgrounds; the Háholt centre is for teenagers with serious drug problems, long criminal records and violent tendencies. No more detailed survey of these centres is called for in the context of the present report.
48.
Rules were issued on
49. Here follows a discussion of the rules in chapter III on coercive measures. Under article 8, the use of all physical punishment, the administration of medication without consulting a physician, solitary confinement and the use of coercive objects, such as ropes, tape, belts or other objects or instruments used to impose physical constraint, is prohibited, both for purposes of punishment and for educative or treatment purposes. Article 9 lists the measures that may be applied in emergency situations; it permits all measures necessary to avoid or put an end to an assault, attack or other conduct that causes a risk of injury to persons or damage to objects. The coercive measures may only be applied for the duration of the dangerous situation, and are to be kept proportionate, as far as is possible, to the person’s conduct and the degree of injury or damage likely to result from it. Under article 10, which contains provisions for stopping undesirable behaviour, physical coercion in which an inmate is held still and/or moved between places or rooms is permitted in cases when it is necessary to prevent his displaying conduct that is completely unacceptable, or if his conduct has a damaging effect on the treatment of other inmates. Before applying coercion, however, attempts must be made to stop the behaviour in the mildest manner possible, e.g. by verbal persuasion. The provision states that the coercion applied is to be in proportion to the conduct it is designed to control, and may not last longer than is strictly necessary. Article 11 covers cases in which it is necessary to remove an inmate because of undesirable behaviour and confine him far from the other inmates. In such cases, one member of the staff is normally to be in the room with the person or in an adjacent room with an unlocked door leading into the inmate’s room. The rules state that the room in which the inmate is kept must have a window and a minimum area of 6 m2, and that the period of confinement is to last as short a time as possible. Article 12 contains provision for transferring an inmate to a closed department; this can be done following an escape or uncontrollable behaviour that has deteriorated and cannot be controlled by other means. Article 13 contains provisions on body searches and searches of inmates’ rooms, stating when and how these may be made. Article 18 states that all decisions on coercive measures are to be recorded in a special report and sent immediately to the Child Welfare Agency and the relevant child welfare committee. If the Child Welfare Agency makes specific comments on such measures, they are to be sent to the director of the treatment centre, the relevant child welfare committee and the parents or guardians of the inmate. Under article 19, inmates, their parents or guardians, the parties who committed them to the institutions and the staff of the institutions may submit complaints to the Child Welfare Agency, and are also obliged to assist inmates in submitting complaints.
III. COMPLIANCE WITH THE COMMITTEE’S CONCLUSIONS
AND RECOMMENDATIONS
A. The Committee’s recommendation that torture be
defined as a specific offence in Icelandic law
50.
As was stated in
51.
When the Constitution was amended in 1995, it was stated in the explanatory
notes to the amending legislation that there were three main aims in the review
of the human rights provisions of the Constitution.
Firstly, the aim was to clarify the provisions and bring them into
conformity with each other so as to make them give more effective protection
to the public in their dealings with those who exercise the power of the State.
Secondly, the review attempted to modernize certain provisions and
thirdly, it attempted to take into account the international legal obligations
that
52.
The notes to the article of the Constitution prohibiting torture stated
that clear provisions prohibiting torture and inhuman or degrading treatment
and punishment were contained in international conventions that
53. The notes to the bill also stated that the intention in the provision was to refer specifically to circumstances in which the individual concerned had been deprived of his freedom, as there was a greater danger of being subjected to torture or inhuman treatment in cases where the individual is held against his will. Thus, particular attention was to be given to the treatment of arrested persons and persons serving prison sentences, those who had been deprived of their freedom due to psychiatric illness and were confined to a hospital, and legal minors confined to a home or reformatory. However, it was pointed out that it was not the case that torture and inhuman and degrading treatment were always associated with the loss of freedom, as circumstances could apply in which an individual was subject to the authority of another or was under the domination of another individual. Examples of this could include the treatment of children in a school or other institution where children are looked after, but the provision could also cover the treatment of children by their parents. The notes stated that the provision included a prohibition on medical or scientific experiments without the consent of the person involved; this was stated explicitly in the second sentence of article 7 of the International Covenant on Civil and Political Rights. The notes stated that this provision entailed a general prohibition against medical treatment without the consent of the person involved if there were no acute mortal danger; treatment of the type referred to could include infertility operations and other operations that could have a permanent effect on the life of the individual.
54. The notes to the bill included an attempt to describe precisely what constituted degrading treatment as distinct from inhuman treatment, though it was emphasized that it was not easy to draw a hard and fast line between the two. Nonetheless, it was stated that degrading treatment could be described as actions or the lack of action designed to degrade or humiliate a person, or that could generally be regarded as humiliating. Examples mentioned in this connection included coercive measures used against a person who has been deprived of his freedom, such as being made to wear certain clothing, such as a prisoner’s uniform, having his head shaved against his will or being put on display to others against his will.
55. Finally, it was stated in the notes that the prohibition against torture and inhuman or degrading punishment referred specifically to the treatment of prisoners serving sentences, and that the aforementioned examples of conduct covered by the provision also applied in the same way in the case of punishment. Thus, the unequivocal conclusion could be drawn from the provision that it included a prohibition of corporal punishment of all types.
56. In the light of the detailed explanation of the content of the constitutional provision on torture and other inhuman and degrading treatment given in the notes to the bill that became Act No. 97/1995, as described above, there can be no doubt as to what is referred to by the word “torture”, even though it is not specifically defined.
57. Enacted legislation is the supreme source of law in Icelandic law. It is the function of the courts to judge according to the law, and their role is to interpret the law and determine the content of each legal provision as a whole. In Icelandic legal practice, when interpreting the law, the will of the legislature is an important interpretative aid. It has happened that the courts, in their judgements, have put almost exclusive emphasis on the will of the legislature. When examining the will of the legislature, it is important to examine all materials that can throw light on the attitude of the legislature towards the provisions it sets, such as the explanatory notes accompanying bills, the opinions of committees, discussions in the Althing and other steps taken in the course leading to the enactment of the law.
58. When this, and the general principle of Icelandic law that legal provisions are to be interpreted in harmony with international legal obligations, there can be no doubt that the term “torture” would be interpreted in accordance with article 1 of the Convention if it were to be contested before the courts. It should also be mentioned that the provisions of the Icelandic Constitution and article 3 of the European Convention on Human Rights are somewhat broader than the interpretation that can be derived from article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as they are not restricted to the view that torture is something practised at the behest of a public servant or another representative of State power, but apply to all situations. Hitherto, the interpretation of the term has not been an issue before the Icelandic courts.
59. Finally, it should be mentioned that even though the term “torture” is not used in the General Penal Code, there is no doubt that conduct involving torture is a punishable act under the Code. Many of the basic terms used in the Icelandic legal system have not been defined in the General Penal Code, including, for example, rape and murder, but it would not occur to anyone to argue that such conduct was not a criminal offence under Icelandic law. What is of importance here is not so much the term used to refer to the conduct, but the fact that the conduct itself is described as criminal.
60.
The Government of
B. The Committee’s recommendations that the Icelandic authorities
review the provisions
regulating solitary confinement during
pre-trial detention in
order to reduce considerably the cases
to which solitary confinement could be applicable
61.
The conditions that must be met for detaining a person in custody are
set out in article 103 of the Code of Criminal Procedure, No. 19/1991:
“1. A suspected person can only be remanded in custody
if there is a reasonable cause to believe that he has committed an act punishable
by imprisonment, and provided he has attained the age of 15 years.
In addition to this, at least one of the following conditions must
be fulfilled:
“(a) it may be assumed that he would otherwise hinder
the investigation of his case, for example by removing evidence of his offence,
hiding objects, or influencing witnesses or other persons who took part in
the commission of the offence;
“(b) it may be assumed that
he would otherwise leave the country, go into hiding or otherwise evade prosecution
or sentence;
“(c) it may be assumed that
he would otherwise continue criminal activity until such time as his case
is brought to a conclusion;
“(d) imprisonment on remand
is deemed necessary in order to protect others from the suspect, or the suspect
from being attacked or influenced by other persons.
“2. A person may also be remanded in custody even
if the conditions in subparagraphs (a) - (d) have not been fulfilled, if there
is a strong reason to believe that he has committed a crime punishable
under law by 10 years’ imprisonment, and imprisonment on remand
is deemed necessary with a view to the public interest.”
62. A remand prisoner can only be placed in solitary
confinement if the remand order is based on article 103, paragraph 1 (a),
of the Code of Criminal Procedure. Obviously,
deprivation of liberty will generally suffice if there is deemed to be a danger
that the suspect would otherwise hide objects or remove evidence, etc.
Deprivation of liberty will not always suffice, however, to prevent
a suspect from trying to influence witnesses or accomplices during an investigation. This means that solitary confinement may be necessary
for the interests of the investigation. Solitary confinement is considered only in cases
in which this danger is believed to exist.
63. According to paragraph 1 of article 16 of the
Regulations on Remand Imprisonment, No. 179/1992, the director of the
investigation is to decide whether a remand prisoner is to be kept in solitary
confinement due to the requirements of the investigation. Under paragraph 2 of the same article, a
remand prisoner can always refer a decision on such solitary confinement to
a court. Under an amendment made to
the Regulations in 1995, remand prisoners are to be informed of this right
in a demonstrable manner. In such a
case the police must, in court, substantiate the reasons underlying their
request for the prisoner’s isolation, and the
court must then take a reasoned stand on the question of whether his isolation
is necessary or not. If imprisonment
on remand is to be prolonged, the suspect is again brought to court.
The prisoner can then challenge the request that his isolation be continued
after the remand has been prolonged.
64. When the person in charge of the investigation
decides to keep a suspect in solitary confinement, this is always done in
conformity with the principle of proportionality, and steps are taken to ensure
the minimum degree of encroachment on the prisoner’s rights that is necessary
in order to achieve the aim. Article
108 of the Code of Criminal Procedure provides for the arrangement of custody.
According to article 108 the following restrictions may apply:
(1) solitary confinement; (2) a prohibition on receiving visitors;
(3) a prohibition on making or receiving telephone calls; (4) censorship of
letters; and (5) a prohibition on access to the media.
In the nature of things, solitary confinement means that the prisoner
is kept on his own. Complete isolation
in solitary confinement involves the imposition of prohibitions (1)-(5) listed
above. The degree of isolation is generally
reduced as the investigation progresses, e.g. with access to the media being
permitted first, following by the lifting of the other prohibitions in the
above list. However, the main rule is
that solitary confinement is at all times to last for the shortest possible
time. After it has been discontinued,
the prohibitions in items (2)-(5) may nevertheless be retained. Each time the director of the investigation reduces
the degree of isolation he sends a notification to the Prison and Probation
Association.
65.
Between
Year |
Remand, total |
Mixed with others |
Solitary confinement |
1997 |
88 |
18 |
70 |
1998 |
56 |
14 |
42 |
1999 |
115 |
15 |
100 |
2000 |
76 |
5 |
71 |
2001 |
81 |
6 |
75 |
66. The length of solitary confinement imposed in the cases of the 358 remand prisoners who were held in solitary confinement was as follows:
Length of solitary confinement |
No. of prisoners |
1 week or less (1-7 days) |
196 |
1-2 weeks (8-14 days) |
75 |
2-3 weeks (15-21 days) |
42 |
3-4 weeks (22-28 days) |
19 |
4-5 weeks (29-36 days) |
13 |
5-6 weeks (37-44 days) |
6 |
6 weeks or more (45-84 days) |
7 |
Enclosure IV with this report gives more detailed information about the number of days spent by prisoners in solitary confinement.
67. It is very rare that solitary confinement lasts for more than six weeks. All seven cases listed above in which solitary confinement lasted for more than six weeks involved the investigation of extremely wide-ranging and complex drug cases.
68. In the vast majority of cases, remand prisoners are kept in the prison at Litla Hraun, where there are places for 10 such prisoners. The nature of contact between the prison warders and the prisoners is not determined in advance; instead, it reflects the needs of each individual prisoner. Each prisoner’s mental and physical condition is taken into account, and also whether there is a danger that they will cause themselves injuries. The number of times the prison warders visit the prisoners is based on this assessment. Special rules were issued in September 1999 on ways of responding to the danger that prisoners would commit suicide, including the monitoring of such prisoners. An observation camera was set up in one cell that is used almost exclusively for prisoners who are at risk of attempting suicide. In each cell there is a button that the prisoner can press to ring if he needs help or service. It operates a two-way communication system through which he can express his wishes to the warders, e.g. requests to go to the toilet, go outside the building, etc. The degree of contact between prisoners and warders may vary widely, according to the prisoners’ wishes. Entertainment available to prisoners is restricted to reading books and listening to music. The prison at Litla Hraun does not have facilities for prisoners to watch films in their cells. When a new prison is built in the Reykjavík area, as is planned within the next few years, the intention is to have far more varied facilities for remand prisoners to be able to engage in leisure activities while they are in solitary confinement. The rules on going outside the building have been relaxed a great deal in the past few years, from a maximum permitted period of one hour per day to an almost unrestricted period. At present, a remand prisoner can ask to go outside the building at any time of the day. Prisoners spend these periods outside the building in a securely fenced prison garden area.
69. It is rare that decision by the director of an investigation to impose solitary confinement are referred to the courts, and it can be assumed, in the light of the amendment to the regulations made in 1995, stating that prisoners are to be informed clearly of their right to refer such a decision to a judge, that the explanation for this is that remand prisoners generally regard the decisions as acceptable. It should be mentioned that they are able to refer the decisions to a judge at any stage of their solitary confinement.
70.
Between
71. In the light of the foregoing, the Government of Iceland considers that Icelandic legislation guarantees that the narrow authorization permitting solitary confinement is employed in moderation, and that the evidence shows that this is in fact the case. In addition, the Government of Iceland considers that the interests of those who are subjected to detention in solitary confinement are fully guaranteed under the present legislation, as they are able to refer a decision on solitary confinement to a judge at any stage. Thus, the Government believes that there is no need to change the present arrangement.
C. The Committee’s recommendation that the legislation
concerning
evidence to be adduced
in judicial proceedings be brought in to
line with the provisions
of article 15 of the Convention so as to
exclude explicitly any
evidence obtained as the result of torture
72.
Reference is made to the discussion of article 15 of the Convention
in paragraphs 141-144 of
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