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(the restrictions applied during the regime of solitary confinement should
be those strictly necessary in the circumstances of the case), nondiscrimination (authorities should not take into consideration irrelevant
matters upon deciding on the imposition of solitary confinement, e.g.
sexual orientation).52
3.3. Duration of solitary confinement
After the introduction of the revised United Nations Standard Minimum
Rules for the Treatment of Prisoners (Mandela Rules) in 2015, human
rights bodies often refer to the Mandela Rules as the international
standard regarding the duration of solitary confinement. In this
regard, Rule 44 of the Mandela Rules indicates that prolonged solitary
confinement, i.e. the confinement of a detainee for more than 15 days,
should be prohibited. Also, subsequent measures of solitary confinement
which de facto prolong the time spent by the detainee under this measure,
should be prohibited (CAT53 , SRT54 , CPT55 , EPR56 ) along with prolonged
and indefinite solitary confinement (Mandela Rules57 , ECtHR58). In the
case of disciplinary solitary confinement, the CPT recommends 14 days as
the maximum time limit, and adds that sequential disciplinary sentences
resulting in an uninterrupted period of solitary confinement in excess
of the maximum period should be prohibited.59 The 2020 revised version
of the EPR does not directly set a specific maximum number of days for
solitary confinement as a disciplinary measure, but specifies that it should
be set by national law.60 When setting a maximum, a national government
has to set a period that would not be so long that it would amount to
inhuman or degrading punishment and thereby infringe article 3 of the
ECHR (freedom from torture). In evaluating where the set period meets
this test one can rely on the 14 and 15 day maxima set respectively by
the CPT, and the Nelson Mandela rules.61 Any maximum period of much
52.European Committee for the Prevention of Torture, 2011, §55.
53. Committee against Torture, Report of the Committee against Torture, A/69/44, New York, 2014,
§61(12).
54. United Nations General Assembly, 2011, §§75, 87, 89-91, 93, 95-99.
55. European Committee for the Prevention of Torture, 2011, §§56-61.
56. EPR 60.6.e.
57. Mandela Rules 45.
58. European Court of Human Rights, Case of Ramirez Sanchez v. France, §145.
59. European Committee for the Prevention of Torture, 2011, §§56-61.
60. EPR 60.6.d.
61. See the Commentary to Rule 60.6.d of the 2020 EPR.
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