ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES The experts recalled that isolation and solitary confinement constitute a high-risk situation for human rights abuse.313 It has also been found that placement in segregation or solitary confinement can increase the risk of suicide.314 Furthermore, it was emphasised that solitary confinement/isolation is typically linked with limitations in access to family visits, work, educational, recreational, sports and other activities, which exacerbate its negative impact. Therefore, a significant body of international law and standards has developed requiring restrictions of the use of solitary confinement, which the review of the Standard Minimum Rules incorporated into the Nelson Mandela Rules.315 In introducing this topic, the Essex group noted that the new provisions encapsulate absolute prohibitions of the practice of solitary confinement, but also further limitations. First and foremost, it should be imposed only ‘in exceptional cases as a last resort, for as short a time as possible and subject to independent review, and only pursuant to the authorization by a competent authority’.316 The experts stressed that prohibitions and limitations apply regardless of the purpose of the practice, i.e. whether applied as a disciplinary sanction, or citing safety and security reasons or the risk of interference with the course of justice pre-charge and/or pre-trial. It was emphasised that the Rules apply irrespective of whether solitary confinement is imposed by the prison administration or as part of a judicially imposed sentence or disciplinary measure.317 This means, among other things, that neither a prison administration nor a court may impose solitary confinement for more than 15 days. The Essex group noted guidance on solitary confinement provided by the CPT in its 21st General Report (2011),318 the Special Rapporteur on Torture’s report on solitary confinement (2013),319 and the Sourcebook on Solitary Confinement.320 The participants also took note of a chapter in the UNOPS Technical Guidance for Prison Planning, which compiles minimum requirements with regard to ‘isolation cells’, referencing the Nelson Mandela Rules and other international standards. The Manual points out that isolation cells must not be considered part of the overall prison capacity. Using an example, the Manual notes that a prison ‘with regular housing units for 490 prisoners and 10 isolation cells can accommodate 490 Penal Reform International/Association for the Prevention of Torture, Balancing security and dignity in prisons: a framework for preventive monitoring: 2nd edition, 2016, p. 14 (Balancing security and dignity 2nd edition). 313  WHO/International Association for Suicide Prevention, Preventing Suicide in Jails and Prisons, Geneva, 2007, p.16. 314  See, for example, Principle 7 of the Basic Principles for the Treatment of Prisoners 1990; the Human Rights Committee, 44th Session, General Comment No. 20: Article 7: Prohibition of torture, or other cruel, inhuman or degrading treatment or punishment, 30 September 1992; International Psychological Trauma Symposium, Istanbul Statement on the use and effects of solitary confinement, Istanbul, 9 December 2007 (Istanbul Statement on solitary confinement); Rule 22 of the UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders; Rule 67 of the UN Rules for the Protection of Juveniles Deprived of their Liberty; European Prison Rules, Rule 60(5); Principle XXII(3) of the Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas. The European Court of Human Rights has also recognised that ‘complete sensory isolation, coupled with total social 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’ (Ilaşcu and others v. Moldova and Russia, Application No. 48787/99, European Court of Human Rights (2004), para. 432). 315  Rule 45 of the Nelson Mandela Rules. 316  Special Rapporteur on Torture report 2013, A/68/295, para. 61. 317  CPT 21st General Report, [CPT/Inf (2011], para. 53 onwards. 318  Special Rapporteur on Torture report 2011, A/66/268. 319  A sourcebook on solitary confinement. 320  Penal Reform International and the Essex Human Rights Centre | 87