CAT/OP/ROU/1 her vulnerability or special needs. In addition, the delegation is seriously concerned that in some penitentiaries, such as Iasi prison, children and young persons (18–21 years of age) are detained in maximum security sections. The regime in such sections, with significant high risks of violence, are totally inappropriate for children and young persons and are not relevant for such detainees. 97. The Subcommittee recommends that the State party revisit its system of classifying convicted detainees into different regimes, with a view to taking into consideration all relevant aspects of a prisoner’s personality in addition to the type of crime committed and the length of the sentence. The Subcommittee urges the State party to stop immediately detaining persons under 18 in maximum security sections and find alternatives to detention or place them in semi-open regimes if necessary. 7. Disciplinary punishment 98. Many inmates interviewed by the delegation complained about the excessive use of sanctions, which at times were deemed disproportionate to the act committed. The delegation was disturbed by testimonies of children who had been punished, including physically, when they denounced their living conditions, asked for a medical visit or complained of violence or abuse. The delegation noted with grave concern that persons attempting suicide, inflicting self-harm or going on hunger strikes were sanctioned because they were in breach of house rules and that collective punishment appeared to be used in some facilities. Finally, children and young persons detained in maximum security sections are given the same sanctions by the prison administration as adults for breaches of discipline. 99. In Iasi prison, detainees had the impression that they were sometimes placed on purpose in cells with detainees they were not getting along with in order to trigger disputes, which would then be sanctioned. 100. The Subcommittee recommends that the State party encourage the use of alternative dispute resolution mechanisms in detention facilities to prevent disciplinary offences and resolve conflicts. Suicide attempts, self-harm and hunger strikes should be understood as a manifestation of psychological distress requiring special attention and support instead of constituting a breach of disciplinary rules. The State party should ensure that sanctions are proportionate to the act and take into consideration the age and vulnerability of the detainees, and that prisoners have the opportunity to defend themselves. 29 8. Solitary confinement 101. The delegation witnessed that persons were often placed in solitary confinement for breaches of house rules, even minor ones, and that such placements, although limited to a maximum of 10 days, and recorded as such, were at times repeated within a short period. 102. The delegation also observed with concern that some detainees with mental disabilities were placed in solitary confinement, sometimes as a protection measure or to alleviate overcrowding. 103. Given its devastating effect on physical and mental health, solitary confinement should be used only in exceptional cases, as a last resort, for as short a time as possible and pursuant to authorization by a competent authority, and should be subject to independent review. 30 The State party should ensure that solitary confinement remains exceptional and that inmates are never placed in solitary confinement for prolonged periods of time (i.e. in excess of 15 consecutive days), including for consecutive placements separated by a few days. Means of restraint should be resorted to on an exceptional basis and should never be used as a disciplinary sanction.31 The placement of persons with mental disabilities in conditions similar to 29 30 31 16 Ibid., rules 36–43. Ibid., rules 43–46. Ibid.

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