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the authority to directly terminate it. The reality of prison regulations
and prison life shows that regulations do not always prescribe visits from
medical staff, that prison doctors are often not aware of their obligation
to daily visit detainees, or of the possible effects of solitary confinement.
Because they are warned of the possible dangerous nature of detainees
or because of other reasons, often visits from medical practitioners take
place from behind bars or from outside the steel door; at times prisoners,
to avoid being visited in this way, directly refuse the visit.
The trust between doctor and patient can also be broken in those cases
when the doctor is part of the disciplinary committee and has a saying in
the decision of the placement of a detainee in isolation, which should never
be the case. Another issue is the risk of medical staff growing accustomed
to prison operations, and feeling obliged to agree with the prison
administration, or to mistrust detainees reporting health issues because of
the fear of being used by them. This is also where NPMs could help to build
a common culture among prison staff in different areas of expertise.
2.3. Solitary Confinement as a cultural issue
The excessive use of isolation is a legal problem but also the product of
a widespread culture. As far as legislative shortcomings are concerned,
the NPM can influence lawmakers to address the gap between national
legislation and international standards. However, only in some residual
cases is the problem just legal. In fact there can be grey areas where the
decision of the prison warden, informal laws or prison customs apply instead
of the State’s penitentiary law. The consequences of the existence of grey
areas may include the violation of the minimum standards on detention
conditions on solitary confinement, the lack of a review mechanism, high
levels of violence and a great discretionary power of the prison warden. The
possibilities of action of the NPM are also within these extra-legal areas.
2.3.1. Lack of a common legal ground in the prison staff
In different countries, among some staff members, internal regulations
(secondary legal sources) are considered more binding than international
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