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The effects of solitary confinement
It has been convincingly documented on numerous occasions that solitary
confinement may cause serious psychological and sometimes physiological ill
effects. c Research suggests that between one third and as many as 90 per cent of
prisoners experience adverse symptoms in solitary confinement. A long list of
symptoms ranging from insomnia and confusion to hallucinations and psychosis
have been documented. Negative health effects can occur after only a few days in
solitary confinement, and the health risks rise with each additional day spent in such
conditions.
Individuals may react to solitary confinement differently. Still, a significant
number of individuals will experience serious health problems regardless of the
specific conditions, regardless of time and place, and regardless of pre-existing
personal factors. The central harmful feature of solitary confinement is that it
reduces meaningful social contact to a level of social and psychological stimulus
that many will experience as insufficient to sustain health and well-being.
The use of solitary confinement in remand prisons carries with it another
harmful dimension since the detrimental effects will often create a de facto situation
of psychological pressure which can influence the pre-trial detainees to plead guilty.
When the element of psychological pressure is used on purpose as part of
isolation regimes such practices become coercive and can amount to torture.
Finally, solitary confinement places individuals very far out of sight of justice.
This can cause problems even in societies traditionally based on the rule of law. The
history of solitary confinement is rich in examples of abusive practices evolving in
such settings. Safeguarding prisoner rights therefore becomes especially challenging
and extraordinarily important where solitary confinement regimes exist.
Human rights and solitary confinement
The use of torture, cruel, inhuman or degrading treatment or punishment is
absolutely prohibited under international law (article 7 of the International Covenant
on Civil and Political Rights and the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, for example). The United Nations
Human Rights Committee has stipulated that use of prolonged solitary confinement
may amount to a breach of article 7 of the International Covenant on Civil and
Political Rights (general comment No. 20 (1992)). The United Nations Committee
against Torture has made similar statements, with particular reference to the use of
solitary confinement during pre-trial detention. The United Nations Committee on
the Rights of the Child has furthermore recommended that solitary confinement
should not be used against children. d Principle 7 of the Basic Principles for the
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c
d
08-44075
For studies on the health effects of solitary confinement, see Peter Scharff Smith, “The Effects
of Solitary Confinement on Prison Inmates. A Brief History and Review of the Literature”, in
Crime and Justice, vol. 34, 2006; Craig Haney, “Mental Health Issues in Long-Term Solitary
and ‘Supermax’ Confinement” in Crime and Delinquency 49(1), 2003; Stuart Grassian,
“Psychopathological Effects of Solitary Confinement” in American Journal of Psychiatry,
vol. 140, 1983.
Concluding observations on the third periodic report of Denmark (CRC/C/DNK/CO/3),
para. 59 (a).
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