6|M
onitoring and inspecting
solitary confinement units
All the aspects of solitary confinement discussed in this Sourcebook – placement, conditions of
confinement, regime, contact with the outside world, and the provision of medical care – should be
subject to close scrutiny and review by national and international inspecting bodies.
The importance of installing mechanisms for inspection and scrutiny of all prisons and other places
of detention is emphasised in international and regional instruments:
There shall be a regular inspection of penal institutions and services by qualified and
experienced inspectors appointed by a competent authority. Their task shall be in particular to
ensure that these institutions are administered in accordance with existing laws and regulations
and with a view to bringing about the objectives of penal and correctional services (SMR Rule 55;
Body of Principles Principle 29(1); EPR Rules 9, 92, 93).
In addition to physically inspecting places of detention, the inspecting body should have full and
free access to those held within:
A detained or imprisoned person shall have the right to communicate freely and in full
confidentiality with the persons who visit the places of detention or imprisonment in accordance
with paragraph l of the present principle, subject to reasonable conditions to ensure security
and good order in such places (UN Body of Principles for the Protection of All Persons Under Any
Form of Detention or Imprisonment, Principle 29(2)).
Inspections are particularly important in segregation units, as they are closed units within closed
establishments, shut off not only to the outside world, but also to other sections of the prison and
to the prison society at large. As the principles cited above make clear, the inspecting body should
have unhindered access to both the physical facilities at the unit, and to prisoners held in them.
The inspecting body should also have access to relevant documentation, for example records of
placement and review hearings, the unit log and records, CCTV footage and so on. Health staff
on the visiting team must have full access to the medical registers and records. Inspectors should
ensure that segregated prisoners have the opportunity to talk about their treatment privately and
confidentially.
Under Article 14 of the Optional Protocol to the UN Convention against Torture (OPCAT), State
Parties undertake to grant the Sub-committee on Prevention of Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment:
Sourcebook on solitary confinement: Monitoring and inspecting solitary confinement units
69
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents