-30 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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