Section 107. Holding centre for foreign nationals

A foreign national who is arrested and detained under section 106, first paragraph, shall as a general rule be placed in a holding centre for foreign nationals or some other specially adapted residential centre. The provisions of the third to eighth paragraphs apply to specially adapted residential centres as mentioned in the first sentence insofar as they are relevant.
The holding centre for foreign nationals does not belong under the Norwegian Correctional Services, but is administered by the police.
Unless otherwise provided in this Act, the foreign national is among other things entitled to receive visitors, make telephone calls, receive and send mail, health services, associate with others, spend time outdoors, engage in physical activity, privacy, and practise his or her religion or life stance.
When necessary in order to maintain peace, order or security, or to ensure implementation under section 90, the police may
  1. a.
    search the foreign national’s person, room and belongings, and other objects, rooms and parts of the holding centre,
  2. b.
    temporarily remove and keep the foreign national’s money and other objects,
  3. c.
    monitor and restrict the foreign national’s visits, telephone conversations and mail,
  4. d.
    monitor and restrict the foreign national’s physical activity, time spent outdoors, exercise of religion and life stance, or
  5. e.
    search visitors and others present at the holding centre.

Measures under (a), (b) and (c) may also be implemented in respect of a foreign national when there is reason to believe that he or she is concealing or withholding information about his or her or another foreign national’s identity or place of residence. Telephone monitoring under (c) may not be undertaken unless both parties to the telephone call are notified beforehand. Measures under (e) may also be implemented in order to investigate whether the person concerned is concealing information about a foreign national’s identity. Measures under this paragraph may not be implemented in respect of the foreign national’s legal counsel or representatives of a public authority.

When strictly necessary in order to maintain peace, order or security, or to ensure implementation under section 90, and other less invasive measures have been employed unsuccessfully or will clearly be inadequate, the police may
  1. a.
    use force and approved forcible means; see section 6, fourth paragraph, of the Police Act,
  2. b.
    place the foreign national in a high security wing or security cell, or
  3. c.
    partially or fully exclude the foreign national from association with others at the holding centre.

A statement shall if possible be obtained from a doctor and be taken into consideration when assessing whether measures under this paragraph, (b) and (c), should be implemented or upheld.

A measure under the fourth and fifth paragraphs may not be applied if doing so would constitute a disproportionate intervention. Such measures shall be applied with caution. The police shall continuously assess whether there are grounds for upholding the measure.
To safeguard the purpose of the stay at the holding centre and foreign nationals’ rights, the police may keep a register of information about decisions taken, arrivals, implemented control measures, use of force and forcible means, incidents, internal transfers, departures, monitoring times and treatment by health personnel.
An independent supervisory board shall be established to oversee the operation of the holding centre for foreign nationals and the treatment of foreign nationals staying there.
The King may issue regulations containing supplementary provisions.