Key points
• The decision to place a prisoner in solitary confinement, for whatever reason, must always be
made by a competent body and in accordance with due process requirements, including the
right to appeal against the decision.
• When used as punishment for prison offences, solitary confinement must only be used as a
last resort, and then for the shortest time possible, no more than a matter of days.
• Ensuring that the process through which prisoners are isolated is transparent and adheres
to due process requirements not only ensures that the decision is carried out legally and
professionally, but may also contribute to prisoners’ perception of their placement as being
legitimate and fair and, in turn, positively affect their behaviour.
• The use of prolonged solitary confinement for managing prisoners is rarely justified, and then
only in the most extreme of cases.
• Solitary confinement is an undesirable tool for the long term management of challenging
prisoners, and may be counter-productive.
• Those suffering from mental illness must not be placed in solitary confinement and under no
circumstances should the use of solitary confinement serve as a substitute for appropriate
mental health care.
• The use of solitary confinement for pre-charge and pre-trial detainees must be strictly limited
by law, must only be used in exceptional circumstances, with judicial oversight, and for as
short a time as possible, never for more than a matter of days.
• The use of solitary confinement as a means of coercing or ‘softening up’ detainees for the
purpose of interrogation should be prohibited.
• Solitary confinement should never be imposed indefinitely and prisoners should know in
advance its duration.
Sourcebook on solitary confinement: The decision to place prisoners and detainees in solitary confinement
35
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