International recommendation

Pre-trial detention

Issue date:
Human rights body:
Committee Against Torture (CAT)
Themes:
Access to healthcareIsolation and solitary confinementMental healthPolice custody and pre-trial detentionTreatment of prisoners and prison facilities
Relevant CAT articles:
Art. 11 – Review of detention proceduresArt. 16 – Prevention of cruel, inhuman or degrading treatmentArt. 2 – Prevention of torture
Source:
CAT/C/NOR/CO/8, para. 16

Recommended measures (1)

Measure
Measure types:
Practices and guidelinesResources
Responsible Ministries:
Ministry of Health and Care ServicesMinistry of Justice and Public Security

The State party should adhere strictly to the 48-hour custody rule and ensure that pretrial detainees are moved as soon as possible to prison facilities in order to avoid unnecessary isolation during their detention in police cells, which may amount to de facto solitary confinement and give rise to mental health problems. It should apply rigorous criteria for isolation and provide inmates with legal and procedural safeguards to address their situation in order to prevent discretionary assessments, as well as with adequate mental and other health care, in particular when subjected to isolation. The State party should ensure sufficient prison facilities and staff, as well as adequate material conditions, to address the needs of and accommodate all pretrial detainees.