On a regional level, the European Court and former Commission on Human Rights, as well as the
European Committee for the Prevention of Torture (CPT), have made it clear that the use of solitary
confinement can amount to a violation of Article 3 of the ECHR (i.e. constitute torture, inhuman
or degrading treatment), depending on the specific circumstances of the case, and the conditions
and duration of detention. It has been recognised that “…complete sensory isolation coupled with
total isolation, can destroy the personality and constitutes a form of inhuman treatment which
cannot be justified by the requirements of security or any other reason” (5). The CPT has also stated
that solitary confinement “can amount to inhuman and degrading treatment” and has on several
occasions criticized such practices and recommended reform – i.e. either abandoning specific
regimes, limiting the use of solitary confinement to exceptional circumstances, and/or securing
inmates a higher level of social contact (6). The importance of developing communal activities for
prisoners subjected to various forms of isolation regimes has for example been stressed (CPT, visit
report Turkey, 2006, para. 43). Furthermore, the revised European Prison Rules of 2006 have clearly
stated that solitary confinement should be an exceptional measure and, when used, should be for as
short a time as possible(7).
The Inter-American Court of Human Rights has also stated that prolonged solitary confinement
constitutes a form of cruel, inhuman or degrading treatment prohibited under Article 5 of the
American Convention on Human Rights (Castillo Petruzzi et al., Judgment of May 30, 1999).
Policy implications
Solitary confinement harms prisoners who were not previously mentally ill and tends to worsen
the mental health of those who are. The use of solitary confinement in prisons should therefore
be kept to a minimum. In all prison systems there is some use of solitary confinement – in special
units or prisons for those seen as threats to security and prison order. But regardless of the specific
circumstances, and whether solitary confinement is used in connection with disciplinary or
administrative segregation or to prevent collusion in remand prisons, effort is required to raise the
level of meaningful social contacts for prisoners.
This can be done in a number of ways, such as raising the level of prison staff-prisoner contact,
allowing access to social activities with other prisoners, allowing more visits, and allowing and
arranging in-depth talks with psychologists, psychiatrists, religious prison personnel, and volunteers
from the local community. Especially important are the possibilities for both maintaining and
developing relations with the outside world, including spouses, partners, children, other family and
friends. It is also very important to provide prisoners in solitary confinement with meaningful in
cell and out of cell activities. Research indicates that small group isolation in some circumstances
may have similar effects to solitary confinement and such regimes should not be considered an
appropriate alternative.
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Sourcebook on solitary confinement: Appendix 2
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