114 Human Rights in Counter-Terrorism Investigations • Purpose of the solitary confinement: The confinement was allegedly to “break” X. The use of solitary confinement during pre-trial detention to put pressure on detainees to confess or collaborate undermines the integrity of the investigation and amounts to torture or other cruel, inhuman or degrading treatment. • Conditions of the solitary confinement: Although they are not all fully known, these included complete sensory deprivation and total social isolation, which constitute a form of inhuman treatment. When solitary confinement is used as part of a coercive interviewing technique and coupled with other coercive practices, such as withholding clothes or hygienic products, permanent light in the cells or cultural and religious harassment and intimidation, they undoubtedly constitute inhuman or degrading treatment, and might in some instances even amount to torture. In light of the above, the length, purpose and conditions of solitary confinement constitute inhuman or degrading treatment and, therefore, violate the prohibition of torture and other cruel, inhuman or degrading treatment on several grounds. * This case study is based taken from the facts in both Ramirez Sanchez v. France and Öcalan v. Turkey, and the analysis of the question on the findings of the ECtHR in these cases.132 Solitary confinement may also frustrate aspects of the investigation. Confinement can be used – deliberately or not – to put pressure on detainees to confess or to provide information. Where investigators are able to dictate the conditions under which detainees are held (whether in law or merely in practice), as is the case in a number of OSCE participating States, they can take undue advantage of the situation. This creates a real danger that the offer of contact with family or a relaxation in detention conditions can be 132 See, United Nations Chairperson-Rapporteur of the Working Group on Arbitrary Detention, Leila Zerrougui, Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak, Special Rapporteur on freedom of religion or belief, Asma Jahangir, and Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Paul Hunt, “Report on the Situation of detainees at Guantánamo Bay”, 27 February 2006, E/CN.4/2006/120, paras. 53 and 87, <http://www.un.org/Docs/journal/asp/ws.asp?m=E/ CN.4/2006/120>; and and the ECtHR case law on solitary confinement in terrorismrelated cases (ECtHR, Ramirez Sanchez v. France, Application No. 59450/00, 4 July 2006, <http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001–76169>; and ECtHR, Öcalan v. Turkey, Application no. 46221/99, 12 May 2005, <http://hudoc.echr.coe.int/sites/eng/ pages/search.aspx?i=001–69022>).