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longer than 15 days is likely to infringe Art 3 of the ECHR. It is worth
emphasising that the 2020 EPR allow solitary confinement only of
prisoners convicted of disciplinary offences. For all other forms of conduct
for which solitary confinement is sometimes used, the 2020 Rules allow
only on “separation”.62 Prisoners subject to such separation must always
have at least two hours of meaningful social contact a day.63
When a detainee has been in isolation for disciplinary reasons already for
the maximum amount of time set by national law, and is given another
measure of solitary confinement for another disciplinary offence, the
detainee should be given a sufficient amount of time to recover from the
previous measure.64 This means that according to the EPR, subsequent
measures of solitary confinement should not be allowed without the
elapse of such a period of time. Also, the decision on the application of
solitary confinement should always take into account the state of health
of the prisoner concerned, and should be terminated or suspended if the
mental or physical health of a detainee shows signs of deterioration.65
The ECtHR does not set a specific time limit for the imposition of solitary
confinement, but it measures the level of social isolation. The level of
social isolation of the isolated detainee is measured by the ECtHR by
considering access to information (e.g. newspapers, television, phone
calls), communication with the prison staff (e.g. visits from a medical
practitioner and degree of communication with the prison staff), with
other prisoners (e.g. possibility to engage in collective activities), with
family, lawyer, and other persons (through visits or mail). Depending on
these factors, social isolation can be relative or total.66
Solitary confinement, even when it entails only relative isolation, cannot be
imposed on a prisoner indefinitely.67 When social isolation is imposed for
extended periods of time (e.g. in the case of special regimes for dangerous
prisoners who are assessed to pose a risk to others), it has to be justified.
62. EPR 53 and 53A.
63. EPR 53A.1.
64. EPR 60.6.e.
65. EPR 60.6.b.
66. European Court of Human Rights, Case of Öcalan v. Turkey (No. 2), §§116-136, 145.
67. European Court of Human Rights, Case of Ramirez Sanchez v. France, §145.
Monitoring Solitary Confinement in Prison
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