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 3

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