Summary

In connection to a visit by a public defence counsellor to a client at Göteborg remand prison the inmate made notes to prepare for the upcoming main hearing. After the visit, the lawyer handed in an envelope with the notes to the remand prison with the intention that this should be left to the client. Such a dispatch shall, according to the main rule, be forwarded to the inmate without being examined.

Despite this, the prison staff carried out an examination of the dispatched material. In addition, the remand prison handed over the dispatch to the Prosecution Authority for a review. The dispatch was examined by the prosecutor.

In his decision, the Parliamentary Ombudsman concludes that the prison’s measures are contrary to the provisions in chapter 3, section 6 of the Detention Act and directs criticism towards the detention for the incorrect management. The Parliamentary Ombudsman notes that the remand prison, in August 2019, received criticism for a similar management of a dispatch from a public defender. According to the Parliamentary Ombudsman, it is therefore important that the prison’s work to further clarify routines regarding the management of incoming mail is followed up upon. With regard to the prosecutor’s examination the Parliamentary Ombudsman states that there is no basis for criticism.