(2) No prisoner shall be punished unless he has been informed of the offence alleged against him
and given a proper opportunity of presenting his defence. The competent authority shall conduct a
thorough examination of the case.
Article 6 of the ECHR, which guarantees the right to a fair trial, also elaborates on some of the
necessary safeguards:
1. In the determination of his civil rights and obligations or of any criminal charge against him,
everyone is entitled to a fair and public hearing within a reasonable time by an independent
and impartial tribunal established by law ...
3. Everyone charged with a criminal offence has the following minimum rights:
informed promptly, in a language which he understands and in detail, of the nature
• toandbecause
of the accusations against him;
• to have adequate time and facilities for the preparation of his defence;
• to defend himself in person or through legal assistance ... ;
• to examine ... witnesses against him ... ;
the free assistance of an interpreter if he cannot understand or speak the language
• tousedhavein court.
It has been established that these protections also apply to prison adjudication proceedings,
particularly when a harsh penalty is imposed on the prisoner34..
Pre-trial and pre-charge detainees
The isolation of those who have not yet been convicted of any crime is particularly problematic, as it
inflicts punitive and potentially harmful conditions on people who are innocent until proven guilty,
and serves to coerce them.
Typically, in addition to being held in isolation from others, pre-trial detainees are subjected to
further restrictions on visits and communications with the outside world. In Denmark and Norway,
for example, remanded detainees may be held in solitary confinement for up to three months (or
indefinitely, if the crime they are charged with will result in a prison term of more than six years if
they are found guilty), allowed only supervised weekly visits lasting 30 minutes, prohibited from
making telephone calls and may have their communications restricted or withheld. Such practices
have been the subject of ongoing concern and criticism by international and regional monitoring
bodies. The UN Human Rights Committee, for example, called on the government of Denmark to
“reconsider the practice of solitary confinement so as to ensure that it was imposed only in cases of
urgent need… except in exceptional circumstances, solitary confinement should be abolished, especially
for pre-trial detainees… ”35.
Sourcebook on solitary confinement: The decision to place prisoners and detainees in solitary confinement
29
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