Author
Chapter 11 of the Aliens Act contains specific rules on how the detention centre should be run. Third country nationals who are held in detention must be treated humanely and their dignity should be respected.[1] By humane treatment is meant that: (a) the foreigner is always the focal point and their case must be dealt with in a legally safe and expedient manner; (b) a good relationship must be established between the detainee and the staff from the very outset of the detainee’s entry to the premises; (c) the foreigner must be able to feel secure and safe in this exposed situation; and (d) the staff must be sensitive to the needs of the detainee.
Conditions in detention centres should be as close as possible to those at regular reception centres, run by the Swedish Migration Agency. The only difference should be that the detainees are in a closed building and therefore have certain restrictions to their freedom of movement. Coercion or limitations in freedom of movement should not exceed what is necessary based on the grounds for the deprivation of freedom.
Religious observance is possible for persons of all creeds. It is a basic right according to the Swedish Constitution. However, this does not mean they can leave the centre to go to a mosque, shrine, or church. Instead, a neutral room is reserved for religious observance at the detention centre. Detainees are also able to request visits from pastors, imams and others who are important in their religious observance. Some faith communities see to it that a leader or representative visits the detention centre regularly.
While at the detention centre, the detainee has the right to a daily allowance in the same way as other asylum seekers. Sanitary towels and other provisions for hygiene for women are not provided for separately by the Swedish Migration Agency, but to covered by the daily allowance. A person who is being held in detention shall be given the opportunity for activities, recreation, physical training and time outdoors.[2]
If deemed necessary to uphold security, a detainee can be confined in their room if this is necessary for the orderly running of the centre and for safety reasons or if the foreigner represents a danger to themselves or to others. Such a decision must be reviewed as often as is required but at least every third day. If the person is a danger to themselves then a medical examination should be promptly ordered.[3] There is no requirement that detention confined to a room at the centre must be tried in practice before transferring someone to police custody or to the prison services.
A detainee is not allowed to have alcoholic drinks or other stimulants or any object that can hurt anyone or be to the detriment of the keeping of order at the detention centre.[4] But, the detainee should be allowed to retain objects of personal value and other belongings.
Detainees have the right to freedom of information and the right to express opinions in the same way as other citizens. Therefore, no restrictions can be placed on the individual’s possession of certain newspapers or magazines.
If the detention centre staff suspects that a detainee may be in possession of forbidden substances such as drugs, alcohol or objects that can harm others or be a threat to order at the centre then a body search can be ordered.[5]
Mail sent to the detainee can sometimes be the object of examination, in which case it should be opened in the presence of the detainee. If the detainee does not consent to the package being opened in their presence then the object should be put aside and not opened. An examination of the contents should not include reading a letter or other written documents. Mail from legal counsel, lawyers, international organisations that have the right to receive complaints from individuals or from the UNHCR must not be opened.[6]
Smart phones are not allowed in detention centres since they can be used to take photos of persons present there. Simpler mobile phones without a camera function can be borrowed from the detention centre.[7] Personal belongings that the detainee cannot have in their room are stored at the detention centre, unless the property is illegal, in which case it is handed over to the police.[8] They can have access to these objects upon leaving the detention centre, as a list needs to be made of all stored objects.
All detainees have access to health care at the same level as other applicants, therefore, requiring, regular visits from nurses and doctors.[9]
Inspections are carried out in detention centres in accordance with the Optional Protocol to the Convention against Torture. In Sweden, the designated National Preventive Mechanism (NPM) to carry out the task is the JO.
During inspections in 2018 and 2022, in accordance with the Optional Protocol to the Convention against Torture at detention centres, the JO pointed out that the detention routines regarding the removal and placement of disruptive detainees in a police holding were lacking in consistency and poorly motivated. The JO also expressed concerns about detainees being secluded for longer periods of time, as long as a couple of weeks, and having camera surveillance all day long in the rooms where they were held. For more information, see previous AIDA reports.[10]
In a decision of May 2022, the Human Rights Council Working Group on Arbitrary Detention expressed concerns regarding the very serious allegations concerning the lack of appropriate treatment provided to a detainee in Sweden for his health condition, and recalled that all persons detained must be treated with humanity.[11]
In January 2023, the JO made an inspection in accordance with the Optional Protocol to the Convention against Torture at the detention centre in Mölndal. The JO expressed concerns about the following: during the inspection there were serious breaches in how the staff treated the detainees such as discriminating treatment or threats of coercive measures. The JO also noted that the staff did body searches and attendance controls on a regular basis and expressed concerns if this was in accordance with the law. The JO also expressed concerns about the lack of routines regarding access to health care for the detainees being separated from others in the detention centre.[12] During a follow-up inspection in February 2024, the JO noted that the Swedish Migration Agency has worked systematically and taken several measures to address the shortcomings, and that it appears that this has led to improvements in the situation at the detention center. However, the JO pointed out that the Swedish Migration Agency must continue the work that has been started and ensure that the actions taken and planned have the intended effect. Moreover, the JO noted that the number of places at the detention center should be increased, while it is already difficult to recruit and train staff. Therefore, the JO noted that the detention center is facing significant challenges.[13]
[1] Chapter 11, Section 1 Aliens Act.
[2] Chapter 11, Section 3 Aliens Act
[3] Chapter 11, Section 7 Aliens Act.
[4] Chapter 11, Section 8 Aliens Act.
[5] Chapter 11, Section 9 Aliens Act.
[6] Chapter 11, Section 10 Aliens Act.
[7] Migration Agency, ‘Supervision and detention’, available in Swedish here.
[8]Chapter 11, Sections 11-12 Aliens Act.
[9] Chapter 11, Section 5 Aliens Act.
[10] JO, ‘Inspektion av Migrationsverket, förvarsenheten i Kållered, Göteborg, den 13–14 mars 2018‘, available in Swedish here. See also JO, ‘Opcat-inspektion av Migrationsverket, förvaret i Märsta, den 9 och 10 mars 2022‘, 13 June 2022, available in Swedish here.
[11] Human Rights Council Working Group on Arbitrary Detention, ‘Opinion No. 26/2022 concerning Hassan Fazali (Sweden)‘, 19 May 2022, available here.
[12]JO, ‘Opcat-inspektion av Migrationsverket, förvaret i Mölndal, den 17 och 18 januari 2023’, March 2023, available in Swedish here.
[13] JO, ‘Uppföljande Opcat-inspektion av Migrationsverket, förvaret i Mölndal, den 27 och 28 februari 2024’, May 2024, available in Swedish here.