II Topics 1 Spotlight on solitary confinement In accordance with section 89 of the Prison Act (StVollzG) and corresponding provisions contained in the Prison Acts of the Länder (e.g. section 50 subsection (7) of the Hesse Prison Act [Hessisches Strafvollzugsgesetz]), solitary confinement is defined as the continuous segregation of an inmate. Even if there is no uniform definition of solitary confinement under international law, it is described in the “Istanbul Statement on the Use and Effects of Solitary Confinement” as the physical isolation of individuals who are confined to their cells for twenty-two to twenty-four hours a day.8 The Joint Commission addresses this topic in particular since, during its visits, it repeatedly came across problems relating to the ordering and execution of this form of detention. Amongst others, mentally ill inmates were found to be in solitary confinement where the causes of the illness do not appear to have been adequately investigated. Solitary confinement had already been going on for several months in several cases, and even for years in isolated instances. In one prison, it was not possible to clearly recognise the distinction between solitary confinement as a disciplinary measure and as a special security measure, and in another prison the accommodation conditions in solitary confinement were unusually harsh. On the other hand, the Joint Commission also found that solitary confinement was implemented in the inmate’s own cell in some prisons or was no longer used as disciplinary cellular confinement, something which the Joint Commission considers to be positive In September 2012, the Joint Commission asked the Ministries of Justice of all Länder to inform it of cases of prolonged solitary confinement. The numbers indicate that this is dealt with in a wide variety of ways. The evaluation reveals that the proportion of inmates who were held in solitary confinement for more than three months is between 0 and 1.41 per 100 inmates. The order was upheld for up to twenty years in some cases. The investigations indicate that solitary confinement can have serious consequences. The UN Special Rapporteur on torture9 found that the brain activity of those concerned shows signs of stupor or delirium after only a few days in solitary confinement. It can cause “prison psychoses”, but there has so far been a lack UN doc. A/66/268 (5 August 2011): Interim report of the Special Rapporteur of the Human Rights Council on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, No 25. 9 UN doc. A/66/268. 8 16