ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES
and not 500 prisoners’. The participants noted guidance on operational and security considerations
in the Manual.321
Absolute prohibitions
The Essex group recalled absolute prohibitions of the use of solitary confinement, namely if it is:
•
indefinite
•
prolonged
•
imposed on juveniles322
•
imposed on pregnant women, women with infants and breastfeeding mothers in prison323
•
imposed on ‘prisoners with mental or physical disabilities when their conditions would be
exacerbated by such measures’
•
applied by virtue of a prisoner’s sentence, as is the case in some countries, for example for
prisoners on death row or persons serving a life sentence324
•
used as coercion intended to intimidate, to elicit cooperation or extract a confession within
the justice system.325
The participants recalled the UN Special Rapporteur on Torture’s report on solitary confinement,
calling for a ban on prolonged and indefinite solitary confinement as incompatible with the
prohibition of torture and other ill-treatment326 and as a harsh measure that is contrary to
rehabilitation, the aim of the penitentiary system.327
The experts clarified that the term ‘indefinite solitary confinement’ (Rule 43(a)) means that the
person concerned does not know when this confinement will end.
They looked at the definition of ‘solitary confinement’ in Rule 44 as ‘the confinement of prisoners
for 22 hours or more a day without meaningful human contact’.
The Essex group discussed elements that help determine what constitutes ‘meaningful human
contact’ referred to in Rule 44, using the rationale of the provision and relevant documents from
international human rights bodies.328
The term has been used to describe the amount and quality of social interaction and psychological
stimulation which human beings require for their mental health and well-being. Such interaction
United Nations Office for Project Services (UNOPS), Technical Guidance for Prison Planning: Technical and operational considerations based on the Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela
Rules), 2016, p. 111 onwards.
321
Rule 67 of the UN Rules for the Protection of Juveniles Deprived of their Liberty.
322
Rule 22 of the UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders
(the Bangkok Rules).
323
Rule 45 of the Nelson Mandela Rules. This has been emphasised also by the Special Rapporteur on Torture, in e.g.
Special Rapporteur on Torture report 2013, A/68/295, para. 61.
324
Article 14(3)(g) of the International Convention on Civil and Political Rights.
325
Special Rapporteur on Torture report 2011, A/66/268. The European Committee for the Prevention of Torture (CPT) has
made comparable recommendations: CPT 21st General report, 1 August 2010–July 2011, November 2011.
326
Special Rapporteur on Torture report 2011, A/RES/65/205, para. 79.
327
The concept of ‘meaningful human contact’ has been borrowed from the Istanbul Statement on solitary confinement
and from the UN Committee against Torture. See CAT SMR revision observations, para. 34. The Istanbul Statement
on solitary confinement states ‘The available stimuli and the occasional social contacts are seldom freely chosen, are
generally monotonous, and are often not empathetic’. See also CAT SMR revision observations, para. 34.
328
Penal Reform International and the Essex Human Rights Centre
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