4. RESTRICTIONS, DISCIPLINE AND SANCTIONS 4 Absolute prohibitions 108 54 The Mandela Rules absolutely prohibit the use of indefinite243 and of prolonged solitary confinement, both of which amount to torture or other ill‑treatment.244 55 As clarified in Rule 44, prolonged solitary confinement refers to confinement that lasts for a period in excess of 15 continuous days. The rationale of the prohibition implies that it also applies when periods of isolation are imposed in close succession. The UNCAT has recommended that there should be a prohibition on sequential disciplinary sentences resulting in an uninterrupted period of solitary confinement in excess of the maximum period.245 The UN Special Rapporteur on torture has similarly noted that the prohibition should include “frequently renewed measures that amount to prolonged solitary confinement”.246 If prisoners held in solitary confinement are transferred from one facility to another, the maximum time limit of 15 consecutive days still applies. 56 The UN Special Rapporteur on torture has stated that “[i]f used intentionally for purposes such as punishment, intimidation, coercion or obtaining information or a confession, or for any reason based on discrimination, and if the resulting pain or suffering are severe, solitary confinement amounts to torture”.247 57 Rule 45(2) reiterates the prohibition of the use of solitary confinement “and similar measures” in cases involving women and children as referred to in other UN standards and norms. This includes Rule 22 of the Bangkok Rules, which specifies that “[p]unishment by close confinement or disciplinary segregation shall not be applied to pregnant women, women with infants and breastfeeding mothers in prison.” This is due to the possible health complications that could arise from those who are pregnant and the fact that it penalizes children by separating them from their parents. Rule 67 of the Havana Rules prohibits placement of juveniles in solitary confinement as a disciplinary measure. The UNCRC and the UN Special Rapporteur on torture have called on States to never use solitary confinement on children.248 58 The use of solitary confinement is absolutely prohibited for prisoners with mental health issues given their diminished mental capacity and because solitary confinement often results in severe exacerbation of previously existing mental health conditions.249 Further limitations 59 If applied as a disciplinary sanction, all relevant procedural and substantial safeguards as detailed in Rule 39 apply, including the principles of due process. With regard to solitary confinement and proportionality, the CPT has stated that “[g]iven that solitary confinement is a serious restriction of a prisoner’s rights which involves inherent risks to the prisoner, the level of actual or potential harm must be at least equally serious and uniquely capable of being addressed by this means.”250 60 In some countries transport between facilities can take days or even weeks and prisoners may be transported in conditions that amount to solitary confinement. In such situations, all protections relating to solitary confinement must apply. 243. The term “indefinite” solitary confinement means that the prisoner concerned does not know when this type of confinement will end. 244. Interim Report of the Special Rapporteur on Torture, A/66/268, op. cit., note 231, paras. 57–61 and 81. 245. See: Concluding observations: Portugal, UN CAT, 23 December 2013, CAT/C/PRT/CO/5–6, para. 12. 246. Report of the Special Rapporteur on torture, A/68/295, op. cit. note 57, para. 61. 247. Ibid, para. 60. 248. See for example: Consideration of Reports Submitted by States Parties Under Article 44 of the Convention, Concluding observations: Denmark, Committee of the Rights of the Child, 23 November 2005, CRC/C/ DNK/CO/3, para. 59 (a); Interim Report of the Special Rapporteur on Torture, A/66/268, op. cit., note 231, para. 86. 249. Istanbul Statement on the use and effects of solitary confinement, op. cit., note 231, p. 4; see also: Report of the Special Rapporteur on torture, A/66/268, op. cit., note 231, paras. 67–68 and 78; Report of the Special Rapporteur on torture, A/68/295, op. cit. note 57, para. 61. For more information on the impact of solitary confinement on mental health, see: Sharon Shalev, A sourcebook on solitary confinement, op. cit., note 232. 250. 21st General Report, CPT, op. cit., note 224, para. 55. Guidance document on the Nelson Mandela Rules