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characteristics of each detainee that make him or her more or less vulnerable to those effects.131
Solitary confinement should remain exceptional.
Case Study – Solitary confinement*
X is suspected of being involved in terrorist activities and is placed in solitary
confinement for security reasons. Despite domestic regulations limiting the use
of solitary confinement to up to 30 days, X is systematically put back in isolation
after very short breaks. His solitary confinement lasts close to 18 months in total.
Different reports by NGOs allege that the prolongation of his confinement aims
at countering his resistance, pressuring him and causing him stress. Evidence
indicates that X is also subjected to practices that include withholding of
clothes or of hygienic products, permanent light in his cell, cultural and religious
harassment, intimidation, total sensory deprivation and total social isolation. X
is also denied access to independent tribunals.
Question: Does X’s solitary confinement constitute torture or cruel, inhuman or degrading treatment or punishment?
Placing a dangerous terrorism suspect in solitary confinement is an extraordinary
measure that may be necessary for security reasons. However, depending on its
length, purpose, conditions and other practices inflicted on the detainee, solitary
confinement may amount to torture or cruel, inhuman or degrading treatment.
• Length of the solitary confinement: the longer the isolation, the greater the
risk of serious and irreparable harm to the detainee. A “prolonged solitary
confinement”, defined by international bodies as exceeding 15 days, might
amount to torture or other cruel, inhuman or degrading treatment. In the
present case, the initial period of solitary confinement exceeded twice this
threshold, and lasted 18 months in total. The uncertainty surrounding the
length of solitary confinement exacerbated X’s pain and suffering.
131 United Nations Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment, Juan Méndez, Report to the General Assembly, 5 August 2011,
A/66/268, paras. 70–78, <http://www.un.org/Docs/journal/asp/ws.asp?m=A/66/268>.
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