A/63/175
Treatment of Prisoners states that “[e]fforts addressed to the abolition of solitary
confinement as a punishment, or to the restriction of its use, should be undertaken
and encouraged”. Jurisprudence of the United Nations Human Rights Committee
has previously found a specific isolation regime to violate both article 7 and
article 10 of the International Covenant on Civil and Political Rights (Campos v.
Peru, judgement of 9 January 1998).
On a regional level, the European Court and former Commission on Human
Rights, as well as the European Committee for the Prevention of Torture (CPT),
have made it clear that the use of solitary confinement can amount to a violation of
article 3 of the European Convention on Human Rights (i.e. constitute torture, or
inhuman or degrading treatment), depending on the specific circumstances of the
case, and the conditions and duration of detention. It has been recognized that
“… complete sensory isolation coupled with total isolation, can destroy the
personality and constitutes a form of inhuman treatment which cannot be justified
by the requirements of security or any other reason”. e CPT has also stated that
solitary confinement “can amount to inhuman and degrading treatment” and has on
several occasions criticized such practices and recommended reform, i.e. either
abandoning specific regimes, limiting the use of solitary confinement to exceptional
circumstances, and/or securing inmates a higher level of social contact. f The
importance of developing communal activities for prisoners subjected to various
forms of isolation regimes has for example been stressed (CPT, report on the visit to
Turkey from 7 to 14 December 2005, para. 43). Furthermore, the revised European
Prison Rules of 2006 have clearly stated that solitary confinement should be an
exceptional measure and, when used, should be for as short a time as possible. g The
Inter-American Court of Human Rights has also stated that prolonged solitary
confinement constitutes a form of cruel, inhuman or degrading treatment prohibited
under article 5 of the American Convention on Human Rights (Castillo Petruzzi
et al., judgement of 30 May 1999).
Policy implications
Solitary confinement harms prisoners who were not previously mentally ill and
tends to worsen the mental health of those who are. The use of solitary confinement
in prisons should therefore be kept to a minimum. In all prison systems there is
some use of solitary confinement — in special units or prisons for those seen as
threats to security and prison order. But regardless of the specific circumstances,
and whether solitary confinement is used in connection with disciplinary or
administrative segregation or to prevent collusion in remand prisons, effort is
required to raise the level of meaningful social contacts for prisoners. This can be
done in a number of ways, such as raising the level of prison staff-prisoner contact,
allowing access to social activities with other prisoners, allowing more visits, and
allowing and arranging in-depth talks with psychologists, psychiatrists, religious
__________________
e
f
g
24
Ramirez Sanchez v. France, Grand Chamber, judgement of 4 July 2006, para. 123.
Rod Morgan and Malcolm Evans Combating Torture in Europe, 2001, p. 118. See also
recommendation Rec(2003)23 of the Committee of Ministers of the Council of Europe, paras. 7,
20 and 22.
See recommendation Rec(2006)2 of the Committee of Ministers of the Council of Europe
(Adopted by the Committee of Ministers on 11 January 2006 at the 952nd meeting of the
Ministers’ Deputies), para. 60.5. See also CPT, 2nd General Report (1991), para. 56.
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