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56. There are four main situations in which solitary confinement is used. Each has
its own rationale and each should be viewed differently:
(a)
Solitary confinement as the result of a court decision
In most countries, courts have the power to order that a person remanded in
custody (i.e. placed in pre-trial detention) be held for a certain period in solitary
confinement, in the interests of the criminal investigation. Further, in a few
countries, a period of solitary confinement is an automatic part of some sentences
established by legislation or can be ordered by a court as part of a sentence.
In relation to solitary confinement ordered by a court as part of remand
conditions, it is axiomatic that there may be justification, in an individual case and
based on sufficient evidence, for keeping a given remand prisoner apart from other
particular prisoners or, in even more exceptional circumstances, prisoners in
general, and in restricting his/her contact with the outside world. This should only
be done to guard against a real risk to the administration of justice and must be
subject to the safeguards outlined in paragraph 57 below.
The CPT considers that solitary confinement should never be imposed – or be
imposable at the discretion of the court concerned – as part of a sentence. The
generally accepted principle that offenders are sent to prison as a punishment, not to
receive punishment, should be recalled in this context. Imprisonment is a
punishment in its own right and potentially dangerous aggravations of a prison
sentence as part of the punishment are not acceptable. It may be necessary for a
sentenced prisoner to be subject, for a certain period of time, to a solitary
confinement regime; however, the imposition of such a regime should lie with the
prison authorities and not be made part of the catalogue of criminal sanctions.
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