Based on the situations of two inmates, the Parliamentary Ombudsman makes statements concerning the consideration given to inmates’ health by the Swedish Prison and Probation Service in relation to double occupancy

Summary of the decision: During 2024, the Parliamentary Ombudsmen’s OPCAT Unit conducted a series of inspections of remand prisons and prisons to study the consequences and risks that double occupancy of cells may have for inmates. This inspection series was conducted as part of the Parliamentary Ombudsmen’s assignment as a National Preventive Mechanism, the purpose of which is to prevent the cruel or inhuman treatment of people who are deprived of liberty. One of the facilities visited was Hällby Prison, where the OPCAT Unit called attention to the situation faced by an inmate with certain health issues. At the same time, another inmate with health issues made a complaint against the prison. This decision addresses both cases. Reports on the inspection series were published during the processing of these cases.

In the present decision, the Parliamentary Ombudsman further develops some of the recommendations in the report on prisons, and makes statements concerning the consideration given to inmates’ physical and mental health by the Swedish Prison and Probation Service when deciding on dual occupancy. She is of the opinion that the agency should identify medical reasons that may constitute an impediment to cell sharing in its guidelines. The Parliamentary Ombudsman emphasises the significance of the individual inmate’s state of health to both them and a potential cellmate. She also considers the task and role of the agency’s Prisoner Allocation Section in placement decisions. Finally, the Parliamentary Ombudsman finds it unsatisfactory that the Swedish Prison and Probation Service’s instructions do not include any guidance whatsoever concerning the documentation and follow-up of double occupancy in prison cells.