4. RESTRICTIONS, DISCIPLINE AND SANCTIONS 4.2. SOLITARY CONFINEMENT 42 The revision of the SMR took into account that a significant body of international law has developed that requires the regulation and restriction of the use of solitary confinement,229 a term often used interchangeably with the terms “isolation” and “segregation”. Due to the detrimental effects of isolation on human beings and the potential misuse of this practice, Rule 37(d) has been introduced to clarify that prison staff can separate a prisoner from the general prison population only if and when permissible by law, irrespective of the length of the period of such separation and irrespective of the term used for such a measure (solitary confinement, isolation, segregation, special care units or restricted housing). The Rules apply regardless of whether involuntary separation from the general prison population is used as a disciplinary sanction, to isolate people remanded in custody during an on-going criminal investigation, as an administrative tool for managing specific groups of prisoners or as part of a judicial sentence. The Rules also apply regardless of whether the measure is imposed by the prison administration, by a disciplinary committee or by a court.230 All states should avoid the use of solitary confinement where possible and take steps towards its total abolition.231 The use of any form of involuntary separation, whether as a disciplinary sanction or for the maintenance of order and security, must be subject to authorization by law or by the regulation of the competent administrative authority, as set out in Rule 37(d). The use of solitary confinement must be regulated and safeguarded as part of broader written disciplinary procedures. Relevant laws and regulations should also clearly lay out prohibitions and limitations on the use of solitary confinement. RELEVANT RULES: SOLITARY CONFINEMENT Rule 38(2): For prisoners who are, or have been, 4 separated, the prison administration shall take the necessary measures to alleviate the potential detrimental effects of their confinement on them and on their community following their release from prison. 104 Rule 44: For the purpose of these rules, solitary confinement shall refer to the confinement of prisoners for 22 hours or more a day without meaningful human contact. Prolonged solitary confinement shall refer to solitary confinement for a time period in excess of 15 consecutive days. 229 230 231 Rule 45: 1. Solitary confinement shall be used only in exceptional cases as a last resort, for as short a time as possible and subject to independent review, and only pursuant to the authorization by a competent authority. It shall not be imposed by virtue of a prisoner’s sentence. 2. The imposition of solitary confinement should be prohibited in the case of prisoners with mental or physical disabilities when their conditions would be exacerbated by such measures. The prohibition of the use of solitary confinement and similar measures in cases involving women and children, as referred to in other United Nations standards and norms in crime prevention and criminal justice, continues to apply. 229. See for example: Basic Principles for the Treatment of Prisoners, General Assembly resolution 45/111 of 14 December 1990, Principle 7; United Nations Human Rights Committee, General Comment No. 20: Prohibition of Torture, or Other Cruel, Inhuman or Degrading Treatment or Punishment (article 7 ICCPR), op. cit., note 10. 230. Including, for example, for prisoners on death row or those serving life sentences. 231. Basic Principles for the Treatment of Prisoners, UNGA, op. cit., note 229, Principle 7; UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Interim Report to the General Assembly, 5 August 2011, A/66/268, paras. 82–101; Report of the Special Rapporteur on torture, A/68/295, op. cit. note 57, para. 60-61; The Istanbul statement on the use and effects of solitary confinement, International Psychological Trauma Symposium, 9 December 2007. Guidance document on the Nelson Mandela Rules