–7–
As regards the cells used to accommodate prisoners undergoing other types of solitary
confinement, the CPT considers that they should be furnished in the same manner as cells used by
prisoners on normal location.
Regimes in solitary confinement
61.
As with all other regimes applied to prisoners, the principle that prisoners placed in solitary
confinement should be subject to no more restrictions than are necessary for their safe and orderly
confinement must be followed. Further, special efforts should be made to enhance the regime of
those kept in long-term solitary confinement, who need particular attention to minimise the damage
that this measure can do to them. It is not necessary to have an “all or nothing” approach to the
question. Each particular restriction should only be applied as appropriate to the assessed risk of the
individual prisoner. Equally, as already indicated, there should be a clear differentiation between the
regimes applied to persons subject to solitary confinement, having regard to the type of solitary
confinement involved.
(a)
Prisoners placed in solitary confinement as part of remand conditions ordered by a court
should be treated as far as possible like other remand prisoners, with extra restrictions applied only
as strictly required for the administration of justice.
(b)
Prisoners undergoing solitary confinement as a disciplinary sanction should never be totally
deprived of contacts with their families and any restrictions on such contacts should be imposed
only where the offence relates to such contacts. And there should be no restriction on their right of
access to a lawyer. They should be entitled to at least one hour’s outdoor exercise per day, from the
very first day of placement in solitary confinement, and be encouraged to take outdoor exercise.
They should also be permitted access to a reasonable range of reading material (which, for example,
should not be restricted to religious texts). It is crucially important that they have some stimulation
to assist in maintaining their mental wellbeing.
(c)
Prisoners placed in administrative solitary confinement for preventative purposes should
have an individual regime plan, geared to addressing the reasons for the measure. This plan should
attempt to maximise contact with others – staff initially, but as soon as practicable with appropriate
other prisoners – and provide as full a range of activities as is possible to fill the days. There should
be strong encouragement from staff to partake in activities and contact with the outside world
should be facilitated. Throughout the period of administrative solitary confinement, the overall
objective should be to persuade the prisoner to re-engage with the normal regime.
(d)
As regards prisoners placed in solitary confinement for protection purposes, there is a
balance to be struck between on the one hand the need to avoid making this kind of solitary
confinement too attractive to prisoners and on the other hand minimising the restrictions put on
persons to whom the measure is applied. Certainly, at the outset of such a period of solitary
confinement, steps should be taken to reintegrate the person as soon as possible; if it becomes clear
that there is a need for long-term protection, and no other response is possible, regime enhancement
should be pursued. Special efforts should be made to identify other prisoners with whom the
prisoner concerned could safely associate and situations where it would be possible to bring the
person out of cell.