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there is direct evidence that the administration of justice would not be
effectively carried out if the prisoner concerned associates with particular
detainees or others in general (CPT115).
Also, solitary confinement should not be used as a form of protection in
the case of LGBTIQ detainees or former police officers (SPT116, SRT117) but
alternatives should be found.118 According to the Special Rapporteur on
Torture119, the placement of LGBTIQ detainees in solitary confinement as a
form of protection could constitute an act contrary to the CAT. The ECtHR
found a violation of the prohibition of discrimination120 in conjunction
with the prohibition of torture121, when the State could not prove that the
difference of treatment based on the sexual orientation of the detainee
(in this particular case the detainee was subjected to harsh solitary
confinement) was necessary in the specific circumstances of the case.122
States should resort to solitary confinement only when there is absolutely
no other way of ensuring the safety of the prisoner concerned and all
the alternatives to solitary confinement (e.g. transfer to another prison,
mediation etc.) have been tried. If the prisoner wishes to go back to the
general population, s/he should be allowed to do so if this can be safely
done. When this is not possible, an effort should be made so that s/he can
safely associate with other selected detainees and engage in situations
where it would be possible to bring her/him out of the cell (CPT123).
Detainees who have caused, or are judged likely to cause, serious harm
to others or who present a very serious risk to the safety or security of
the prison (sometimes called “high-risk”) are also a group in a situation
of vulnerability since they can be held in special regimes in conditions
115. European Committee for the Prevention of Torture, 2011, §§57, 61.
116. Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Ninth annual report of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, CAT/C/57/4, 22 March 2016, §§64,78.
117. Human Rights Council, 2016, §35.
118. European Committee for the Prevention of Torture, 2011, §§56-61.
119. Human Rights Council, 2016, §35
120. Art. 14 of the ECHR.
121. Art. 3 of the ECHR.
122. European Court of Human Rights, Case of X v. Turkey, Application no. 24626/09, October 2012,
§§40, 50, 53, 57.
123. European Committee for the Prevention of Torture, 2011, §§56-61.
Monitoring Solitary Confinement in Prison
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