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(b)
Solitary confinement as a disciplinary sanction
The reason for the imposition of solitary confinement as a punishment, and
the length of time for which it is imposed, should be fully documented in the record
of the disciplinary hearing. Such records should be available to senior managers and
oversight bodies. There should also be an effective appeal process which can reexamine the finding of guilt and/or the sentence in time to make a difference to them
in practice. A necessary concomitant of this is the ready availability of legal advice for
prisoners in this situation.
Prisoners undergoing this punishment should be visited on a daily basis by the
prison director or another member of senior management, and the order given to
terminate solitary confinement when this step is called for on account of the
prisoner’s condition or behaviour. Records should be kept of such visits and of related
decisions.
(c)
Administrative solitary confinement for preventative purposes
This can result in very long-term placements under solitary confinement and
the administrative decisions involved are often indeterminate; both these elements
aggravate the negative effects of the measure. Consequently, there is a need for
stringent controls. The CPT considers that placement in administrative solitary
confinement should only be authorised by the most senior member of staff in the
prison; any imposition of this measure as an emergency should be reported to the
most senior member of staff on duty immediately and brought to the attention of the
prison director as soon as possible. A full written report should be drawn up before
the member of staff who makes the decision goes off-duty. This should record the
reasons for the decision and the precise time the measure was adopted as well as the
views of the prisoner as far as these can be ascertained. There should be constant,
logged, monitoring of all cases for the first few hours and the person should be
released from solitary confinement as soon as the reason for the imposition of the
measure has been resolved. In all cases where the measure continues for longer than
24 hours, there should be a full review of all aspects of the case with a view to
withdrawing the measure at the earliest possible time.
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