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The measures taken have to be necessary and proportionate in light of
available alternatives, safeguards have to be available to the detainee, and
the physical and mental health of the prisoner has to be assessed in order to
ensure that they are compatible with his continued solitary confinement.68
As time passes, the motivations for the imposition of the measure have
to be more detailed and compelling (see also CPT69),the decision on the
prolongation of the measure has to consider any changes in the prisoner’s
circumstances, situation or behaviour, and the detainee’s physical and
mental health should be regularly monitored in order to ensure that his
condition is compatible with continued solitary confinement.70 The lack of
a specific maximum number of days in the ECtHR standards (which found
no violation of Art. 3 of the ECHR even for year-long solitary confinement)
is one of the problematic issues encountered by NPMs when advocating
with the authorities for the reduction of the time spent in isolation by
detainees. Another critical point is represented by the fact that ECtHR
measures social isolation taking into account other elements other than
human interaction, which is the most important element in order to
maintain a good state of mental health. Since the 2020 version of the
EPR states that all separated detainees should get at least two hours of
meaningful social contact, the ECtHR could consider this as a new standard
to evaluate the level of social isolation of the prisoner.
3.4 Material conditions and regime
All cells, including those for solitary confinement, should be large enough
for single occupancy (around 6 square meters according to the CPT and
the ECtHR) with a window allowing in the cell natural light and air, and
provided with artificial light, (EPR71, CPT72, ECtHR73). The placement of
detainees in cells without lights, windows or ventilation (HRC74) or in a
68. European Court of Human Rights, Case of Öcalan v. Turkey (No. 2), §§138-140.
69. European Committee for the Prevention of Torture, 2011, §§56-57.
70. European Court of Human Rights, Case of Ramirez Sanchez v. France, §§136-139.
71. EPR 18.1.
72. European Committee for the Prevention of Torture, 2011, §§58-60
73. European Court of Human Rights, Case of Ramirez Sanchez v. France, §§12, 127, 130.
74. Human Rights Committee, Report of the Human Rights Committee. Volume I, A/56/40, New York,
2001, §78(14)
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