be found in other countries. The use of prolonged solitary confinement has also increased in recent
years in the context of the ‘war on terror’, not least at Guantanamo Bay where detainees have been
held in supermax-like facilities for years, for the most part without any charge and without trial, and
in secret detention centres where isolation is used as an integral part of interrogation practices4.
Another form of solitary confinement, favoured in a number of European countries, is ‘small
group isolation’ wherein prisoners who are classified as dangerous or high risk are held in solitary
confinement in small high security units, and allowed limited association with one to five others
at designated times, typically during the one-hour long outdoor exercise period required under
international law. Paradoxically, although prison overcrowding is a major issue in many jurisdictions,
the use of various forms of solitary confinement has increased in the last two decades.
1.5 Legal and regulatory framework
The operation of prisons and other places of detention, and the treatment of those held in them, are
regulated by national laws, standards and directives, which vary from State to State. Such national
instruments must also, however, be compatible with both international and regional human rights
standards and laws5 as established by the United Nations and regional standard setting bodies (such
as the Council of Europe, the Organisation of American States, the African Union etc.).
The Sourcebook draws on international and regional human rights instruments and their interpretation
by the courts and monitoring bodies. It also draws on standards set by professional bodies to guide
those working with prisoners. The Sourcebook does not, however, aim to provide a comprehensive
review of human rights law and practice, but rather to address some of the most pertinent issues
relating to solitary confinement6. Some of the key human rights instruments and bodies which
are referred to throughout the Sourcebook are briefly introduced below, and Appendix 1 contains
selected texts with which readers are encouraged to familiarise themselves. These resources are ‘living
instruments’ which evolve over time, and the Sourcebook reflects current views and directives.
Human rights instruments and bodies
International human rights law includes both instruments designed for the universal protection
of all human beings, and those designed specifically for the protection of prisoners and detainees.
The basic premise of these instruments is that, other than limitations inherent in the deprivation of
liberty, prisoners retain their human rights whilst incarcerated. These rights include, for example, the
right to a free and fair trial; the right to freedom of thought, conscience and religion; the right to a
private and family life; the right to adequate food, shelter and clothing; the right to health; and, the
right to education.
The right of prisoners to be treated in a manner respectful of their human dignity and the
prohibition against all forms of torture, inhuman or degrading treatment or punishment are
reaffirmed in a large number of human rights instruments, including two international treaties,
the International Covenant on Civil and Political Rights (ICCPR) and the UN Convention Against
Torture (CAT) which are legally binding on all signatory parties to them, and parallel regional
instruments. Additional instruments lay out rules of conduct for prison officers, health and other
Sourcebook on solitary confinement: Introduction
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