Criticism of the Swedish Prison and Probation Service, Kumla Prison, for instructing a visitor to remove a tampon in the presence of staff and a statement on the proportionality of such measures

Summary of the decision: Kumla Prison decided that an individual visiting an inmate should be subjected to a superficial body search as a condition of the visit. Within the scope of this measure, the visitor was instructed to remove the tampon she was using in the presence of prison officers. The visitor then decided to leave the prison without visiting the inmate.

In his decision, the Parliamentary ombudsman states that he has no objection to the prison instructing a visitor to remove menstrual health products as a condition for conducting a visit, including those in use. On the matter of whether there are acceptable reasons for allowing the removal of a tampon in the presence of staff, the Parliamentary Ombudsman questions the practicality of doing so without exceeding the limits of what is permitted within the scope of a superficial body search. In the Parliamentary Ombudsman’s assessment, such a measure does not seem proportionate regardless of the circumstances. The prison is therefore criticised for its treatment of the visitor in conjunction with her intended visit.

According to the Parliamentary Ombudsman, there is cause for the Swedish Prison and Probation Service to prepare guidelines for control measures and coercive measures in relation to visitors using menstrual health products to ensure that similar situations can be dealt with in a consistent, legally certain manner.