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(b)
Solitary confinement as a disciplinary sanction
Withdrawal of a prisoner from contact with other prisoners may be imposed
under the normal disciplinary procedures specified by the law, as the most severe
disciplinary punishment. Recognising the inherent dangers of this sanction,
countries specify a maximum period for which it may be imposed. This can vary
from as little as a few days to as much as a month or more. Some countries allow
prison directors to impose a given maximum period, with the possibility for a judicial
body to impose a longer period. Most countries – but not all – prohibit sequential
sentences of solitary confinement.
Given the potentially very damaging effects of solitary confinement, the CPT
considers that the principle of proportionality requires that it be used as a
disciplinary punishment only in exceptional cases and as a last resort, and for the
shortest possible period of time. The trend in many member States of the Council of
Europe is towards lowering the maximum possible period of solitary confinement as
a punishment. The CPT considers that the maximum period should be no higher
than 14 days for a given offence, and preferably lower.11 Further, there should be a
prohibition of sequential disciplinary sentences resulting in an uninterrupted period
of solitary confinement in excess of the maximum period. Any offences committed
by a prisoner which it is felt call for more severe sanctions should be dealt with
through the criminal justice system.
(c)
Administrative solitary confinement for preventative purposes
The law in most European countries allows for an administrative decision to
place into solitary confinement prisoners who have caused, or are judged likely to
cause, serious harm to others or who present a very serious risk to the safety or
security of the prison. This may be for as short as a few hours, in the case of an
isolated incident, or for as long as a period of years in cases involving prisoners who
are considered as particularly dangerous and to continue to pose an imminent threat.
This is potentially the longest lasting type of solitary confinement and often
the one with the fewest procedural safeguards. It is therefore crucial that there be
rules to ensure that it is not used too readily (e.g. as an immediate response to every
disciplinary infraction pending adjudication), too extensively or for too lengthy
periods. Accordingly, the safeguards described in paragraph 57 below must be
rigorously followed.
11. The maximum period should certainly be lower in respect of juveniles.
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