Special Report to the Storting Document 4:3 (2018–2019) 54 8 Particularly vulnerable inmates Findings from our visits show that people of presumed sound mental health can quickly develop symptoms when held in solitary confinement. Some inmates are particularly at risk to the harmful effects of solitary confinement and being locked up, however. Our ­findings also show that some groups are particularly prone to end up in solitary confinement. Both these ­circumstances increase the risk of inhuman treatment. Human rights standards on solitary confinement of inmates in particularly vulnerable situations Solitary confinement shall not be imposed on inmates with physical or mental impairments (e.g. mental health issues or physical disabilities) if their condition would be exacerbated by such measures.174 Inadequate super­ vision and medical follow-up of inmates in solitary confinement can lead to violation of Article 3 of the European Convention on Human Rights, and a strict view is taken of any ill-treatment of inmates with major mental health problems.175 The European Court of Human Rights has stated that the state has a special responsibility for ensuring proper health care for prison inmates. This is important because inmates are under the control of the state authorities. They are therefore not able to secure mental health care on their own and depend on prison staff for ­assistance.176 The ECtHR further stated that clearly, inmates who suffer from a mental disorder are more ­susceptible to feelings of inferiority and powerlessness. Because of that, an increased vigilance is called for in reviewing whether the Convention has been complied with.177 The UN Special Rapporteur on Torture has recommended that minors and inmates with mental impairments should not be subjected to solitary confinement.178 The Special Rapporteur has also emphasised that children and young people are particularly sensitive to human rights violations, and points out that the vulnerability of children means that the threshold for when treatment or punishment constitutes torture or other cruel, inhuman or degrading treatment is lower than for adults.179 Lesbian, gay, bisexual and transgender inmates can be more likely than others to be subjected to solitary ­confinement as a protective measure against violence or threats from other inmates.180 Measures to protect such individuals against violence and threats must as far as possible be implemented in a way that prevents them from being isolated. 181 Inmates from a foreign background can also be more likely to suffer isolation, including as a result of language barriers.182 174 The Nelson Mandela Rules, Rule 45(2). 175 ECtHR 3 April 2001 Keenan v. the United Kingdom paragraphs 109–116. See also 9 July 2007 Khider v. France, paragraphs 119–122; 21 July 2005 Rohde v. Denmark, paragraph 99; 25 July 2013 Riviere v France, paragraph 63; 16 October 2008 Renolde v. France, paragraph 120. 176 26 November 2009 Dolenec v. Croatia, paragraph 170. 177 26 November 2009 Dolenec v. Croatia, paragraph 170. 178 The UN Special Rapporteur on Torture’s report to the UN General Assembly, 2011, A/66/268, paragraph 66. 179 The UN Human Rights Council, report from the UN Special Rapporteur on Torture, 5 March 2015, A/HRC/28/68, paragraphs 69 and 70. 180 The UN Special Rapporteur on Torture’s report to the UN General Assembly, 2011, A/66/268, paragraph 69. 181 The Yogyakarta Principles, Principle 9(d), and the Council of Europe: The European Committee for the Prevention of Torture (CPT), 21st General Report, 2011, CPT/Inf (2011) 28, paragraph 57(d). 182 Council of Europe: Recommendation CM/Rec (2012) 12 of the Committee of Ministers to member States concerning foreign prisoners, 10 October 2012, rules 32.4 and 33.1. 55 ‹ 8