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Group of detainees
not to isolate
Pregnant, breastfeeding
mothers and
mothers with small
children
Source
Bangkok Rules, Mandela Rules, EPR
(regarding disciplinary solitary confinement)
This group of detainees should never be isolated
because their mental state could further deteriorate
because of isolation (CAT, HRC, SPT, SRT, Mandela
Rules, EPR).
Detainees with mental
health problems, or
with intellectual and
psychosocial disabilities
According to the Special Rapporteur of Torture, any
imposition of solitary confinement of any length 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.
The ECtHR stated that the placement of mentally ill
people in solitary confinement for prolonged periods
of time inevitable affects their mental state, and that
it may be incompatible with Art. 3.
Death-row
detainees
Solitary confinement as
part of the
prison sentence
CAT, HRC
CAT, Special Rapporteur on Torture, HRC, Mandela
Rules, CPT. Also, the CPT has recently stated that this
use of solitary confinement is a punitive and anachronistic measure which does not have any penological
justification.
Human rights bodies also protect other groups in a situation of vulnerability.
Another group in a situation of vulnerability is represented by pre-trial
detainees who in some countries are isolated for long periods of time
without meaningful activities. Human rights bodies underline that also
in their case solitary confinement should be used only in exceptional
circumstances, for a limited period of time (HRC113, SPT114), and only if
113. Human Rights Committee, Report of the Human Rights Committee. Volume I, A/61/40, New York,
2006, §81(13)
114. Subcommittee on Prevention of Torture, 2008, §§125, 127.
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