37. Furthermore, it is essential that the prisoner should be able to have an independent judicial authority review the merits of, and reasons for, a prolonged measure of solitary confinement.349 38. Measures such as solitary confinement should be resorted to only exceptionally and after every precaution has been taken. In order to avoid any risk of arbitrariness, substantive reasons must be given when a protracted period of solitary confinement is extended. Secret or Incommunicado detention 39. Solitary confinement and incommunicado or secret detention have been found to violate the prohibition on torture350 and the Human Rights Committee has recommended that ‘provisions should be made against’ it.351 Torture is most frequently practised when a person is held without access to a lawyer, and/or his or her family and relatives or groups from civil society (incommunicado detention).352 As the former Commission on Human Rights noted, ‘prolonged incommunicado detention may facilitate the perpetration of torture and can in itself constitute a form of cruel, inhuman or degrading treatment’.353 There is a direct link between secret or incommunicado detention and enforced disappearances. 40. Prolonged incommunicado detention may facilitate the perpetration of torture and can in itself constitute a form of cruel, inhuman or degrading treatment. 354 Furthermore, even in cases where no independent risk of torture exists for a person held in incommunicado detention, where such detention is prolonged, that in itself may amount to inhuman and degrading treatment. If prolonged incommunicado detention takes place in a secret or unknown place, this may amount to torture. 41. As part of its review of Spain’s compliance with CAT, the Committee Against Torture has pointed out that it ‘continues to be deeply concerned by the fact that incommunicado detention up to a maximum of five days has been maintained for specific categories of particularly serious offences. During this period, the detainee has no access to a lawyer or to a doctor of his choice nor is he able to notify his family. Although the State party explains that 349 UN Body of Principles for the Protection of All Persons under Any Form of Detention and Imprisonment, Principles 15 and 16. 350 See e.g. Human Rights Committee, General Comment No.20, 44th Session (1992), para 6; Communication 1295/2004, El Alwani v. Libyan Arab Jamahiriya, 11 July 2007, para 6.5; Communication 1297/2004, Medjnoune v. Algeria, 14 July 2006, para 8.4; Inter-American Court of Human Rights, Bámaca-Velásquez v. Guatemala. 25 November 2000. Series C No. 70. para 150; African Commission, Communication. 222/98 and 229/99 Law Office of Ghazi Suleiman v. Sudan, (2003). 351 Human Rights Committee, General Comment No.20, 44th Session (1992), para 11. 352 See UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment which requires those arrested or detained to have the right to inform their family or friends, Principle 16. 353 Res.1999/32, para 5. 354 Resolution 1999/32 (para 5). 72