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translation services. If detainees do not want to engage in a conversation
with staff, it is not possible to compel meaningful social contact but it would
be important to investigate the reasons behind the refusal of contact. One
NPM suggested that there may be several reasons, such as peer pressure or
fear. If it is possible to intervene by changing the personnel, this should be
done in order to ensure the health of the detainee.
Regarding communications with the external world, it is important that
NPMs verify if while in isolation the prisoner can maintain communications
with his/her lawyer and family. The right to communicate with the outside
world should not be automatically taken away only because the detainee is
isolated, but should be justified only in the case of a threat to the security
of the prison. The right to communicate with one’s lawyer should not be
subjected to any restriction in any case.
Definitions of meaningful human contact:
The Essex Group (formed by Penal Reform International and the
University of Essex’s Human Rights Centre) established - on the basis
of “relevant documents from international human rights bodies” the characteristics that meaningful human contact should have:
“The term has been used to describe the amount and quality of social
interaction and psychological stimulation which human beings
require for their mental health and well-being. Such interaction
requires the human contact to be face to face and direct (without
physical barriers) and more than fleeting or incidental, enabling
empathetic interpersonal communication. Contact must not be
limited to those interactions determined by prison routines, the
course of (criminal) investigations or medical necessity.140
Some jurisdictions have also adopted their own definition. For example on
29th June 2017, Irish Minister for Justice and Equality, Charles Flanagan TD,
introduced in the Prison Rules a definition of meaningful human contact
as an “interaction between a prisoner and another person of sufficient
proximity so as to allow both to communicate by way of conversation”.141
140. Penal Reform International and the Essex Human Rights Centre, Essex paper 3: Initial guidance
on the interpretation and implementation of the UN Nelson Mandela Rules, February 2017, available at:
https://rm.coe.int/16806f6f50, pp.88-89
141. Irish Penal Reform Trust, Minister introduces Amendment to Prison Rules: “Meaningful Human
Contact”, 7 July 2017, https://www.iprt.ie/latest-news/minister-introduces-amendment-to-prisMonitoring Solitary Confinement in Prison
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