4. RESTRICTIONS, DISCIPLINE AND SANCTIONS
50
The Essex paper seeks to clarify the term “meaningful human contact”, used in Rule 44
to define what prisoners are deprived of during solitary confinement. Meaningful contact is
defined as “the amount and quality of social interaction and psychological stimulation which
human beings require for their mental health and wellbeing. Such interaction requires the
human contact to be face to face and direct (without physical barriers) and more than fleeting
or incidental, enabling empathetic interpersonal communication. Contact must not be limited
to those interactions determined by prison routines, the course of (criminal) investigations
or medical necessity.”237
51
It does not constitute “meaningful human contact” if prison staff “deliver a food tray, mail
or medication to the cell door or if prisoners are able to shout at each other through cell walls
or vents. In order for the rationale of the Rule to be met, the contact needs to provide the
stimuli necessary for human wellbeing, which implies an empathetic exchange and sustained,
social interaction. Meaningful human contact is direct rather than mediated, continuous rather
than abrupt, and must involve genuine dialogue. It could be provided by prison or external
staff, individual prisoners, family, friends or others – or by a combination of these.”238
Use in exceptional circumstances only
52
Rule 45 states that “[s]olitary confinement shall be used only in exceptional cases as a last
resort, for as short a time as possible (…).” This position has been emphasized by many
international bodies including the UN Special Rapporteur on torture and the UNCAT.239
53
Solitary confinement shall be considered a last resort, only to be used when other measures
have first been tried and failed.
4
237. Essex paper 3, Penal Reform International and the University of Essex, op. cit., note 4, p. 89.
238. Ibid, p. 89.
239. See also: European Prison Rules, Council of Europe, op. cit., note 74, Rule 60.5.
106
Guidance document on the Nelson Mandela Rules
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents