–4–
prohibition of sequential disciplinary sentences resulting in an uninterrupted period of solitary
confinement in excess of the maximum period. Any offences committed by a prisoner which it is
felt call for more severe sanctions should be dealt with through the criminal justice system.
(c)
Administrative solitary confinement for preventative purposes
The law in most European countries allows for an administrative decision to place into
solitary confinement prisoners who have caused, or are judged likely to cause, serious harm to
others or who present a very serious risk to the safety or security of the prison. This may be for as
short as a few hours, in the case of an isolated incident, or for as long as a period of years in cases
involving prisoners who are considered as particularly dangerous and to continue to pose an
imminent threat.
This is potentially the longest lasting type of solitary confinement and often the one with the
fewest procedural safeguards. It is therefore crucial that there be rules to ensure that it is not used
too readily (e.g. as an immediate response to every disciplinary infraction pending adjudication),
too extensively or for too lengthy periods. Accordingly, the safeguards described in paragraph 57
below must be rigorously followed.
(d)
Solitary confinement for protection purposes
Every prison system has prisoners who may require protection from other prisoners. This
may be because of the nature of their offence, their co-operation with the criminal justice
authorities, inter-gang rivalry, debts outside or inside the prison or the general vulnerability of the
person. While many prisoners can be managed in the general prison population in these
circumstances, the risk to some is such that the prison can only discharge its duty of care to the
individuals by keeping them apart from all other prisoners. This may be done at the prisoner’s own
request or at the instigation of management when it is deemed necessary. Whatever the process, the
fact is that it can be very difficult for a prisoner to come off protection for the rest of the sentence –
and maybe even for subsequent sentences.
States have an obligation to provide a safe environment for those confined to prison and
should attempt to fulfil this obligation by allowing as much social interaction as possible among
prisoners, consistent with the maintenance of good order. Resort should be had to solitary
confinement for protection purposes only when there is absolutely no other way of ensuring the
safety of the prisoner concerned.
The decision of placement in solitary confinement: procedures and
safeguards
57.
In order to ensure that solitary confinement is only imposed in exceptional circumstances
and for the shortest time necessary, each type of solitary confinement should have its own distinct
process for applying and reviewing it. The CPT outlines here what it considers to be the appropriate
processes:
3
The maximum period should certainly be lower in respect of juveniles.