Appendix 1
Selected texts
European Prison Rules, Council of Europe Committee of Ministers
Recommendation Rec (2006)2
43.2 The medical practitioner or a qualified nurse reporting to such a medical practitioner shall pay
particular attention to the health of prisoners held under conditions of solitary confinement, shall
visit such prisoners daily, and shall provide them with prompt medical assistance and treatment at
the request of such prisoners or the prison staff.
43.3 The medical practitioner shall report to the director whenever it is considered that a prisoner’s
physical or mental health is being put seriously at risk by continued imprisonment or by any
condition of imprisonment, including conditions of solitary confinement.
…
60.5 Solitary confinement shall be imposed as a punishment only in exceptional cases and for a
specified period of time, which shall be as short as possible.
Note 1 When this recommendation was adopted, and in application of Article 10.2c of the Rules
of Procedure for the meetings of the Ministers’ Deputies, the Representative of Denmark reserved
the right of his government to comply or not with Rule 43, paragraph 2, of the appendix to the
recommendation because it is of the opinion that the requirement that prisoners held under solitary
confinement be visited by medical staff on a daily basis raises serious ethical concerns regarding the
possible role of such staff in effectively pronouncing prisoners fit for further solitary confinement.
UN Standard Minimum Rules
31. Corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading
punishments shall be completely prohibited as punishments for disciplinary offences.
32. (1) Punishment by close confinement or reduction of diet shall never be inflicted unless the
medical officer has examined the prisoner and certified in writing that he is fit to sustain it.
(2) The same shall apply to any other punishment that may be prejudicial to the physical or mental
health of a prisoner. In no case may such punishment be contrary to or depart from the principle
stated in rule 31.
(3) The medical officer shall visit daily prisoners undergoing such punishments and shall advise the
director if he considers the termination or alteration of the punishment necessary on grounds of
physical or mental health.
Sourcebook on solitary confinement: Appendix 1
75
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