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Torture (SRT) has stated that solitary confinement in itself can amount
to a violation of Article 7 of the ICCPR, and of Article 1 or of Article 16
of the CAT; however the existence of a such a breach should be assessed
on a case-by-case basis and take into consideration: the purpose of the
application of solitary confinement, the conditions, length and effects of
the treatment and, of course, the subjective conditions of each victim that
make him or her more or less vulnerable to those effects. In general,
the longer the time a detainee spends in solitary confinement, the wider
the possibilities that his/her health might be compromised, which
could constitute cruel, inhuman or degrading treatment or even torture,
depending on the circumstances of the case. The SRT also states that any
imposition of solitary confinement beyond 15 days constitutes torture or
cruel, inhuman or degrading treatment or punishment, depending on the
circumstances of the case.44
Also, the SRT also affirms that the imposition of solitary confinement of
any length on children under the age of 18, and on people with mental
illnesses constitutes a cruel, inhuman or degrading treatment, which
violates Article 7 of the ICCPR and Article 16 of the CAT, and which should
be completely prohibited.45 Also, the United Nations Rules for the Protection
of Juveniles Deprived of their Liberty stated that the “placement in a dark
cell, closed or solitary confinement or any other punishment that may
compromise the physical or mental health of the juvenile concerned” should
be “strictly prohibited”.46 It is also worth mentioning that the Committee
on the Rights of the Child (CRC), in General Comment No. 10 of 2007 on
Children’s rights in juvenile justice, absolutely prohibits the use of “closed
or solitary confinement, or any other punishment that may compromise
the physical or mental health or well-being of the child concerned”.47
According to the Special Rapporteur on Torture, using solitary confinement
44. United Nations General Assembly, 2011, § 58, 59, 70-71, 76, 79, 80.
45. United Nations General Assembly, 2011, §§33, 68, 77, 78, 81, 86.
Human Rights Council, Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment
or punishment, A/HRC/31/57, 5 January 2016, §22.
46. United Nations General Assembly, United Nations Rules for the Protection of Juveniles Deprived of their
Liberty, Resolution 45/113, A/RES/45/113, 14 December 1990,§67.
47. Committee on the Rights of the Child, General Comment No. 10 of 2007 on Children’s rights in juvenile
justice, CRC/Cc/GC/10, 25 April 2007, §89.
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