3.2 P
lacement in solitary confinement: procedural safeguards,
and special provisions and recommendations regarding the
isolation of specific categories of prisoners
As solitary confinement is a harsh measure with potentially harmful consequences for the prisoner
involved, the decision to isolate a prisoner, be it as short-term punishment, for longer term
management or for his own protection, must not be taken lightly or in an arbitrary manner. Good
practice dictates that it must always be taken by a competent body, in accordance with the law and
in adherence with the requirements of due process. The authority making the decision must justify
its decision in writing, and be accountable for it. This authority should not the prison doctor, nor
should the doctor certify the prisoner ‘fit for isolation’ (this issue is discussed further in some detail in
Chapter Five). Another important safeguard where solitary confinement is imposed is to ensure that
the decision to segregate a prisoner, or to continue his segregation, is substantially and regularly
reviewed by an independent body, and that the prisoner has a right to appeal against the decision.
Such reviews should always be based on the continuous assessment of the individual prisoner by
staff specially trained to carry out such assessment. Moreover, prisoners should as far as possible
be kept fully informed of the reasons for their placement and, if necessary, its renewal; this will inter
alia enable them to make effective use of avenues for challenging that measure (CPT 11th General
Report, CPT/Inf (2001) 16, section 32).
Review hearings: good practice example
At Woodhill prison’s (UK) Close Supervision Centre, where some of those considered to be amongst
the most challenging prisoners in the prison system are held in solitary confinement, prisoners’
placement is reviewed monthly, and prisoners’ legal representatives are invited to attend their
clients’ review hearings.
The general procedural requirements and guarantees outlined above apply to the decision to place
a prisoner in solitary confinement, regardless of the reason for his placement. In addition, some
specific issues arise in relation to detainees and particular categories of prisoners who are placed in
solitary confinement.
Punitive segregation
Punitive or disciplinary segregation is the most serious punishment which can be imposed on
prisoners, and as such should be reserved for the most serious prison offences and be proportional
to them. It must only be imposed as last resort and for as short a time as possible, lasting days rather
than weeks or months.
Rule 30 of the UN Standard Minimum Rules for the Treatment of Prisoners (SMR) stipulates that:
28
Sourcebook on solitary confinement: The decision to place prisoners and detainees in solitary confinement
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