Ila

Sviket mot kriminelle utviklingshemmede!

NRK den siste tiden har satt søkelyset på innsatte med utviklingshemning og deres spesielle utfordringer i kriminalomsorgen. Det er positivt at NRK setter fokus på saken, men all erfaring tilsier at saken i høyden vil komme til justisdepartementets skuffer. Om en uke eller to er saken glemt.

Politiske festtaler om utviklingshemmede følges ikke opp av embetsverk og byråkrati. Skal forholdene for kriminelle med utviklingshemning bli en rettstat verdig, så krever det først og fremst en kraftig økning av kompetansen i hele kjeden fra det at kriminalitet anmeldes til det å sikre soningsforhold eller andre måter å skjerme samfunnet på. Problemet er at en god implementering krever både kompetanse, tid, personell, oppfølging og penger, forhold som synes å være en mangelvare.

 

I likhet med alle andre organisasjoner, sliter forvaltningen med trange budsjetter, for få ansatte og alt for mange oppgaver. Embetsverket har utviklet ekspertkompetanse på å forhindre forpliktelser på eget departement.

 

Nyhetsoppslagene presenterer verken nye eller eller ukjente problemstillinger. I likhet med det meste av lovverk som har relevans for mennesker med utviklingshemning, er både straffeloven, straffegjennomføringsloven og annet relevant lovverk rimelig bra. Problemet er at lovverket ikke følges opp. Det skårter på vilje til å endre situasjonen.

 

Utfordringene med vår behandling av kriminelle med med utviklingshemning kan deles i seks hovedgrupper:

  1. Språklige og kognitive utfordringer gjør at personer med utviklingshemning i liten grad er i stand til å forvalte sin sak. Når Tore Sandberg har påvist uskyldige straffedømte som ikke har forstått begrepet «skyldig», sier seg selv at i slike tilfeller vil de fleste etterforskere stå overfor utfordringer som går langt utenfor deres kompetanse.

  2. Lovverket gir rom både for å idømme straff under lovverkets minstegrense og at soningen skal gjennomføres andre steder enn i fengsel. Imidlertid synes disse bestemmelsene lite brukt. Skal mulighetene innen lovverket bli brukt på en god måte, så kreves kunnskap som de fleste dommere, advokater, sakkyndige og påtalemyndigheter ikke har.

  3. Det finnes ikke en oppskrift på god rehabilitering. Fellesnevneren i all rehabilitering er å lære den enkelte til ikke å begå fremtidig straffbare handlinger. Rehabiliteringsoppleggene innen kriminalomsorgen er lite individuelt tilpasset, men består i stor grad av programmer tilpasset «folk flest». Slike programmer vil kunne være komplett meningsløse overfor personer med kognitive funksjonsnedsettelser.

  4. Innsatte med utviklingshemning som soner tidsbestemte dommer under ordinære forhold, har uovervinnelige tilpasningsproblemer. De blir lett lokket, forledet eller truet til uønskede handlinger. Risikoen for overgrep er stor. En kan anta at soningen øker sannsynligheten for fremtidige kriminelle handlinger.

  5. Fraværet av god rehabilitering, er mest alvorlig for forvaringsdømte som i praksis er fratatt muligheten til å lære å oppføre seg bedre. Manglende individuelt tilpassede tilbud medfører at forvaringsdommen kan bli til en livstidsdom.

  6. Den største gruppen av kriminelle med utviklingshemning er trolig de som aldri blir registrert som kriminelle. Kriminaliteten registreres som problematferd, en underlegges tvangstiltak i henhold til helse- og omsorgstjenesteloven. Tiltakene kan være vel så inngripende som i kriminalomsorgen, men innføres uten domstolbehandling. I slike saker settes tiltak inn mot overgriper, men så glemmer en ofte at det ofte også er et offer.

Myndighetene vedtar vakre og vel menende lover. Men når denne jobben er gjort, så glemmer en implementeringen. Dette forholdet gjelder ikke bare domstolene og kriminalomsorgen, men alle livsområdene til mennesker med utviklingshemning. I 1991 sa regjering og storting at arbeidstilbudet til mennesker med utviklingshemning skulle styrkes etter hvert. Det motsatte har trolig skjedd. I 1992 ble de statlige spesialskolene nedlagt, men det er flere elever i dagens spesialskoler enn det som det noen gang var i de statlige spesialskolene. I 1991 ble institusjonene for mennesker med utviklingshemning nedlagt, men i dag bygges større institusjoner enn det som ble bygget på 1980-tallet. Slik kan en fortsette å liste opp brutte intensjoner.

 

Uavhengig av forholdene i domstolsbehandling og kriminalomsorgen, så vil det viktigste være å forhindre kriminelle handlinger. På dette området er trolig sviket størst. Vi vet f.eks. at mennesker med utviklingshemning er kraftig overrepresentert både som overgriper og offer i seksualsaker. Stortingsrepresentant Kirsti Bergstø (SV) stilte nylig spørsmål til kunnskapsminister Torbjørn Røe Isaksen om hvorfor elever med utviklingshemning i hovedsak ikke får seksualundervisning. Svaret fra kunnskapsministeren signaliserte dessverre ingen vilje til å forbedre situasjonen. Slik er det over hele fjøla. Mennesker med utviklingshemning prioriteres først og fremst i festtalene.

Omtale på NRKs nettsider:

Jens Petter Gitlesen

30 mai 2016

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