ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES The Essex group noted that there are also prohibited purposes of solitary confinement, namely if the measure were used ‘intentionally for purposes such as punishment, intimidation, coercion or obtaining information or a confession, or for any reason based on discrimination’.335 Prolonged solitary confinement The Essex group discussed the absolute prohibition in Rule 43(1b) of prolonged solitary confinement, reiterating that the practice in itself amounts to torture or other cruel, inhuman or degrading treatment, as established by the UN Special Rapporteur on Torture.336 Prolonged solitary confinement is defined as solitary confinement in excess of 15 consecutive days (Rule 44). The Essex group stressed that the prohibition applies to periods of isolation imposed in close succession, and pointed to the recommendation of the CAT that there should be a prohibition on sequential disciplinary sentences resulting in an uninterrupted period of solitary confinement in excess of the maximum period.337 The Special Rapporteur on Torture has also stressed that the prohibition should include ‘frequently renewed measures that amount to prolonged solitary confinement’.338 The Essex group pointed out that in the case of a transfer from one prison to another the maximum time limit still applies. Furthermore, the participants pointed to the effect of ‘prolonged solitary confinement’ based on ‘[a] dvancements in new technologies’, which ‘have made it possible to achieve indirect supervision and keep individuals under close surveillance with almost no human interaction’.339 Mental and physical disabilities The Essex group discussed Rule 45 (2) which prohibits the use of solitary confinement of ‘prisoners with mental or physical disabilities when their conditions would be exacerbated by such measures’. With regard to prisoners with mental disabilities the experts referred to the Special Rapporteur on Torture who has drawn attention to the fact that solitary confinement often severely exacerbates mental disabilities, and that ‘[p]risoners with mental health issues deteriorate dramatically in isolation’.340 The Rapporteur has therefore held that the imposition of solitary confinement, ‘of any duration, on persons with mental disabilities is cruel, inhuman or degrading treatment and violates Article 7 of the Covenant and Article 16 of the Convention [against Torture]’. He has therefore called for the abolition of the use of solitary confinement for persons with mental disabilities.341 Special Rapporteur on Torture report 2013, A/68/295, para. 60. 335  Special Rapporteur on Torture report 2011, A/66/268, e. g. paras. 21, 58 and 81. 336  CAT SMR revision observations, para. 33. 337  Special Rapporteur on Torture report 2013, A/68/295, para.61. 338  Special Rapporteur on Torture report 2011, A/66/268, para. 55. 339  Special Rapporteur on Torture report 2011, A/66/268, para. 68, quoting A Sourcebook on Solitary Confinement, pp. 10, 26; and Psychiatric effects of solitary confinement. 340  Special Rapporteur on Torture report 2011A/66/268, paras. 78, 81 and 86. 341  Penal Reform International and the Essex Human Rights Centre | 90