–8–
The role of health-care staff in solitary confinement
62.
Medical practitioners in prisons act as the personal doctors of prisoners and ensuring that
there is a positive doctor-patient relationship between them is a major factor in safeguarding the
health and well-being of prisoners. The practice of prison doctors certifying whether a prisoner is fit
to undergo solitary confinement as a punishment (or any other type of solitary confinement imposed
against the prisoner’s wishes) is scarcely likely to promote that relationship. This point was
recognised in the Committee of Ministers’ Recommendation Rec (2006) 2 on the Revised Prison
Rules; indeed, the rule in the previous version of the Rules obliging prison doctors to certify that
prisoners are fit to undergo punishment has now been removed. The CPT considers that medical
personnel should never participate in any part of the decision-making process resulting in any type
of solitary confinement, except where the measure is applied for medical reasons.
63.
On the other hand, health-care staff should be very attentive to the situation of all prisoners
placed under solitary confinement. The health-care staff should be informed of every such
placement and should visit the prisoner immediately after placement and thereafter, on a regular
basis, at least once per day, and provide them with prompt medical assistance and treatment as
required. They should report to the prison director whenever a prisoner’s health is being put
seriously at risk by being held in solitary confinement.
Conclusion
64.
The aim of the CPT in setting out these standards is to minimise the use of solitary
confinement in prisons, not only because of the mental, somatic and social damage it can do to
prisoners but also given the opportunity it can provide for the deliberate infliction of ill-treatment.
The CPT considers that solitary confinement should only be imposed in exceptional circumstances,
as a last resort and for the shortest possible time.
Prisoners undergoing solitary confinement should be accommodated in decent conditions.
Further, the measure should involve the minimum restrictions on prisoners consistent with its
objective and the prisoner’s behaviour, and should always be accompanied by strenuous efforts on
the part of staff to resolve the underlying issues. More specifically, regimes in solitary confinement
should be as positive as possible and directed at addressing the factors which have made the
measure necessary. In addition, legal and practical safeguards need to be built into decision-making
processes in relation to the imposition and review of solitary confinement.
Ensuring that solitary confinement is always a proportionate response to difficult situations
in prisons will promote positive staff-prisoner interaction and limit the damage done to the very
persons who are often already among the most disturbed members of the inmate population.