A/HRC/28/68/Add.1
punishment defined solitary confinement, in accordance with the Istanbul Statement on the
Use and Effects of Solitary Confinement, as the physical and social isolation of individuals
who are confined in their cells for 22 to 24 hours a day. He observed that while solitary
confinement for short periods of time may be justified under certain circumstances, with
adequate and effective safeguards in place, the use of prolonged or indefinite solitary
confinement may never constitute a legitimate instrument of the State and it runs afoul of
the absolute prohibition of torture and other cruel, inhuman or degrading treatment or
punishment. Furthermore, due to the prisoner’s lack of communication, as well as the lack
of witnesses inside the prison, solitary confinement may also give rise to other acts of
torture or ill-treatment.
474. Being aware of the arbitrary nature of any effort to establish a moment in time when
an already harsh regime becomes prolonged and therefore unacceptable, the Special
Rapporteur defined that prolonged solitary confinement is any period of solitary
confinement in excess of 15 days (A/66/268) under conditions of total isolation. This
definition was based on the large majority of scientific studies which indicate that after 15
days of isolation harmful psychological effects often manifest and may even become
irreversible. For solitary confinement that includes some mitigating factors, such as access
to reading and writing materials, radio or television, the term of legitimate use of isolation
may exceed 15 days but would still have to be counted in days, not weeks or months or
years. The Special Rapporteur recalls that when used indefinitely or for long periods,
solitary confinement amounts to cruel, inhuman or degrading treatment or punishment or
even torture, because it may cause severe mental and physical pain or suffering, a point
which has been reiterated in paragraph 28 of the General Assembly resolution 68/156.
475. The Special Rapporteur recalls that any form of corporal punishment constitutes
cruel, inhuman or degrading punishment in violation of customary international law. An
imposition of such penalty, even if not actually executed, is itself a threat of pain and
suffering of a mental nature that is equally prohibited by international law.
476. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, that members of
ACPRA, including Mr. Sheikh Suliaman al-Rashudi, Dr. Abdullah al-Hamid, Dr.
Mohammad al-Qahtani, Dr. Abdulkareem Yousef al-Khoder, Mr. Mohammed Saleh alBajadi, Mr. Omar al-Hamid al-Saeed and Dr. Abdulrahman al-Hamid have been arbitrarily
detained and have been placed in solitary confinement and incommunicado detention. Thus,
that the Government of Saudi Arabia, by failing to protect the physical and mental integrity
of the members of ACPRA, has violated their right to be free from torture and other cruel,
inhuman or degrading treatment or punishment as provided by articles 1 and 16 or the
CAT. With regards to the present case, the Special Rapporteur recalls paragraph 6 of
General Comment No. 20 of the Human Rights Committee as well as article 7 of the Basic
Principles for the Treatment of Prisoners (Adopted by the General Assembly by resolution
45/111 of 14 December 1990).
Serbia
JUA 28/07/2014 Case No. SRB 1/2014 State Replies: 18/11/2014 and 11/12/2014
Allegations of attacks, threats and acts of intimidation against the non-governmental
organization Women in Black and its members.
477. The Special Rapporteur thanks the Government of Serbia for its replies, dated
18.11.2014 and 11.12.2014 to the present communication.
478. The Rapporteur takes note of the information provided by the Government that the
trial for Radomir Pocuca, former spokesperson of the Anti-Terrorist Unit of the Ministry of
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