- Violation of the principle of equality – Dagsavisen

Domestic

Incarcerated in another state

• 2. March signed Attorney Anders Anundsen (FRP) the formal lease agreement prison in the Netherlands.
• The first prisoners scheduled transferred to 1 September. From then becomes 242 seats in prison “Norger-haven” organized as a department under Ullersmo Prison Norwegian management and Dutch staffing.
• The Dutch have set the price of 25.5 million euros a year – about 215 million million – to rent atonement seats in Norgerhaven to Norway.

It appears in the controversial prison agreement between Norway and the Netherlands, which Dagsavisen has disclosed.

Justice Minister Anders Anundsen (FRP) signed the 16-page agreement by a visit to the relevant prison Norgerhaven Netherlands this month.

The suggestion that Norwegian prisoners shall serve in another state has aroused strong reactions.

Dutch rules

The Norwegian Correctional Services is built on the principles of equal treatment. But will the inmates who actually should zone in Norway get an equal treatment atonement transferred to another country?

The agreement is made for example clear that prison guards should follow the Dutch regulations for the use of coercive measures during transport to and from prison. The Dutch regulations that came into force yesterday allows:

• Pepper Spray.

 
• Semiautomatic rifle.

 
• baton.

 
• Semiautomatic pistol.

 
• CS tear gas grenades.

 

It is also allowed with a kind of fetter, which stretched on legs to prisoners during transport to prevent escape attempts. It is only by escape attempts, organized riots and direct danger to life it is allowed to use weapons. These coercive vary from what is allowed in Norwegian correctional during transport, says union leader in Correctional Vocational Association Knut Are Svenkerud.

– About correctional shuttle service stands for transport will not use tear gas, but limited use of pepper spray. You get to use baton, handcuffs and defensive techniques to gain control of any situation. About prison officers responsible for transport so the same applies, but they’d better not use pepper spray, says Svenkerud.

He also emphasizes that in Norway are only allowed to inflict pain to get control, but not to injury. Once you have control of the situation should release.

So what will happen if Dutch captors using physical force that causes damage in transit?

– The Dutch authorities are responsible for monitoring of individual events that happen during transportation. Meanwhile, Norway overriding responsibility to ensure the inmates’ human rights, says State Secretary Vidar Brein-Karlsen Department of Justice.

When the inmates are within Norgerhavens walls is again Norwegian penal apply.

In case of death

The agreement goes into detail on how to deal with it if an inmate dies. Here are the two parties have agreed that only the Netherlands to investigate the case.

It has the past year been several deaths at Norgerhaven and the other prison in Veenhuizen, Esserheem, got VG confirmed by the Director of both sikkerhetsanstaltene, when they visited the prison.

Frode Sulland in Bar Association believes there is no reason to believe that the Dutch authorities will not do an equally good job of investigating a case. He nevertheless observes that it is principally problematic because it means that the Norwegian prisoners in the Netherlands will get a different treatment than in Norway.

– This is also a violation of the principle of equality, providing further reason to be critical of this proposal, said Sulland.

– troublesome

Norwegian authorities will not launch an investigation about an inmate doing anything criminal in prison, according to the agreement. Person will not be sent back to Norway without the consent of the Dutch authorities, and can be transferred to another prison in the Netherlands.

– We believe it is right to safety troublesome says Svenkerud.

Justice Ministry is keen to emphasize that they are the Norwegian prison manager who is the head of the prison and who, with the assistance of his staff shall ensure that the sentence for inmates follow the Norwegian regulations.

There should be a Dutch Personnel and Administration at the prison, which is subject to the Norwegian prison manager. The Dutch personnel and administrative manager is responsible for the Dutch employees.

Critical to Process

Some consultative bodies have been critical to the short consultation period on the proposal. They believe Anundsen here has broken assessment instructions and put the Parliament in a locked situation.

– Parliament is dressed a straightjacket, says Svenkerud.

Left and KrF can choose whether they want to ratify the agreement or not. If they say yes the Government must change Sentences Act.

But the Justice Department believes the process surrounding the agreement with the Netherlands has been completely ordinary.

– The agreement will come into force after the necessary amendments have been adopted and Parliament has agreed, saying Brein-Karlsen.

The agreement ensures atonement space for 242 Norwegian prisoners in a prison north of the Netherlands, has created strong reactions. For Norwegian prisoners should get zone in the Netherlands Government must change Sentences Act. Ministry of Justice has sent out a note about this hearing. 25 of 27 consultative bodies are to a greater or lesser extent skeptical of the proposed change.

Police Security Service (PST) expresses skepticism parts of the proposal in its response. PST main challenge is the threat related to radicalization and recruitment to extremist Islam. They therefore draw particular shows that to let inmates zone in another country hampers PST work in this area.

They believe that it is best for them to be avradikaliseres to atone in Norway, and therefore requests that those who have committed offenses within PST responsibility not sent abroad to zone.

The Red Cross also shows in its response to the radicalization during incarceration is a challenge. They ask the ministry to consider relocation of atonement up against the danger of radicalization, and believes Norwegian correctional here has a clear advantage.

The Ministry replied that it is the Norwegian prison manager who is head of the prison and who, with the assistance of its staff shall ensure that the sentence for inmates follow the Norwegian regulations.