CAT/OP/CHE/CSPRO/1 legislation. It further recommends that the State party ensure that any decision on placement in solitary confinement is legal, necessary, proportionate and non-discriminatory. There should also be legal safeguards, including the possibility to appeal and periodic review. 78. Solitary confinement is used in three cases: for a period of up to one week at the start of a sentence, to prepare for its enforcement; to protect a prisoner or third parties; or as a disciplinary measure (Criminal Code, art. 78). Where solitary confinement is imposed for security reasons (Criminal Code, art. 78 (b)) or as a disciplinary measure (Criminal Code, art. 78 (c)), it is subject to appeal. As decisions to impose solitary confinement entail the restriction of fundamental rights, they must meet the criteria set out in article 36 of the Constitution, that is, existence of a clear legal basis and of an overriding public interest or a need to protect the fundamental rights of others, respect for the principle of proportionality, and inviolability of the essence of fundamental rights. 79. The information sheet issued by the cantons of central and north-western Switzerland mentions the procedure and the legal safeguards (including the right to be heard and to seek legal remedies) applicable when a person is placed in a secure unit.16 80. In view of the powers conferred on the cantons in connection with the enforcement of penalties and measures (Constitution, art. 123 (2)), the Federal Council does not intend to enact specific legislation on this matter. Discipline 81. Paragraph 96: The Subcommittee recalls that disciplinary isolation should not exceed 14 days and should be used only in exceptional cases as a last resort, for as short a time as possible and subject to independent review, and only pursuant to authorization by a competent authority. Furthermore, disciplinary measures should not include restrictions on family contact, except in case of breaches involving such persons. 82. The authorities of the Canton of Zurich state that, under cantonal legislation and the relevant intercantonal agreement (concordat),17 confinement may not last longer than 20 days. In practice, confinement of up to 20 days is ordered only after much thought and only where very serious and/or repeated disciplinary offences have been committed. This being the case, and given the clear legal bases in place, the Canton of Zurich does not intend to change its practice. The purpose of confinement is to ensure that the persons concerned cannot leave their cells (except to take their daily exercise), receive visits, take leave or have any other form of contact with the outside world. The right to engage with the authorities and legal counsel is safeguarded. Similarly, medical and social care are guaranteed. If necessary, relief from confinement may be granted in specific cases. 83. The authorities of the Canton of Vaud are aware that disciplinary isolation is subject to a 14-day limit and that such isolation has an impact on inmates’ mental health. The disciplinary regulations in the Canton of Vaud provide for the medical service to be consulted to determine whether a person is fit to undergo this punishment. It should be noted, however, that the issue of the maximum duration of disciplinary isolation is widely discussed within the European Committee on Crime Problems and the Council for Penological Cooperation. In any case, disciplinary measures lasting more than 14 days have been imposed only very rarely after very serious incidents have occurred. Such measures are imposed only after a comprehensive review has been conducted. Moreover, the rare cases in which they have been applied have never involved persons with pre-existing mental disorders. 16 17 GE.21-03864 Placement in a secure unit may occur in order to ensure the person’s own protection or that of others, because there is a substantial risk of escape or because there has been a serious disturbance of the peace and order within the establishment. See Merkblatt Einweisung in die Sicherheitsabteilungen: https://www.konkordate.ch/download/pictures/55/vlsy8sad27n02m456hynd4fdc3ldan/30.3_merkbaltt _einweisung_i_sicherheitsabteilungen_november_2013.pdf. § 23 (c) (1) (I) of the Straf- und Justizvollzugsgesetzes (law on penalties and enforcement) and No. 3 (1) (g) of the Guidelines on disciplinary regulations in facilities falling under the Concordat established by the cantons of eastern Switzerland of 7 April 2006. 13