Actively reading a text message on a postcard sent to a prisoner in the Prison and Probation Service constitutes an examination of mail

During an inspection of Gothenburg remand prison, the Parliamentary Ombudsman noticed that the remand prison’s staff were reading the text on postcards received for inmates.

In the decision, the Parliamentary Ombudsman states that such a procedure is an examination measure within the meaning of both the Imprisonment Act and the Detention Act. Such a measure is a clear interference with privacy and is only authorised under certain conditions.

The investigation in this case has shown that Gothenburg remand prison does not appear to have assessed whether the legal prerequisites for the examination were met. Nor has the remand prison documented the matter or informed the inmates concerned that such an examination has taken place. The Parliamentary Ombudsmen takes a serious view of the shortcomings that have come to light and criticises Gothenburg remand prison for its handling of postcards sent to inmates.

In the decision, the Parliamentary Ombudsman also makes general statements on the handling of postcards sent to inmates and emphasises, inter alia, the importance of the Prison and Probation Service having clear procedures for how inmates are to be notified when an examination of post has been carried out.