145
407.
With regard to the use of solitary confinement, Principle XXII.3 of the
Principles and Best Practices establishes the following fundamental standards:
Solitary confinement shall only be permitted as a disposition of last resort
and for a strictly limited time, when it is evident that it is necessary to
ensure legitimate interests relating to the institution’s internal security,
and to protect fundamental rights, such as the right to life and integrity of
persons deprived of liberty or the personnel. In all cases, the disposition
of solitary confinement shall be authorized by the competent authority a
shall be subject to judicial control, since its prolonged, inappropriate or
unnecessary use would amount to acts of torture, or cruel, inhuman, or
degrading treatment or punishment.
408.
In the case of Montero Aranguren et al (Reten de Catia), reiterating
applicable international standards, the Inter‐American Court stressed that isolation cells:
[m]ust only be used as disciplinary measures or for the protection of
persons during the time necessary and in strict compliance with the
criteria of reasonability, necessity and legality. Such places must fulfill the
minimum standards for proper accommodation, sufficient space and
adequate ventilation, and they can only be used if a physician certifies
that the prisoner is fit to sustain it. 484
409.
As for the specific restrictions on the use of this measure, the
aforementioned Principle XXII.3 provides that solitary confinement in punishment cells
shall be forbidden for pregnant women; and mothers who are living with their children in
the place of deprivation of liberty; and children deprived of liberty.
410.
Similarly, the UN Rules for the Protection of Juveniles Deprived of their
Liberty provide that the placement of persons under the age of 18 in dark cells and
punishment of solitary confinement is strictly forbidden (Rule 67). The UN Committee on
the Rights of Child has recommended that the use of solitary confinement at centers of
deprivation of liberty of children and adolescents be forbidden. 485
411.
In essence, solitary confinement should only be used on an exceptional
basis, for the shortest amount of time possible and only as a measure of last resort. 486
484
I/A Court H. R., Case of Montero Aranguren et al. (Detention Center of Catia) V. Venezuela.
Judgment of July 5, 2006. Series C No. 150, para. 94.
485
United Nations Committee on the Rights of the Child, Consideration of Reports submitted by States
Parties under Article 44 of the Convention, Concluding Observations: Singapore, CRC/C/SGP/CO/2‐3, adopted on
May 4, 2011, para. 69(b); United Nations Committee on the Rights of the Child, Considerations of reports
submitted by States parties under Article 44 of the Convention: Concluding Observations: Denmark,
CRC/C/DNK/CO/4, adopted on April 7, 2011, para. 66(b).
486
United Nations, Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, Interim report submitted to the General Assembly in accordance with Assembly resolution 62/148,
A/63/175, adopted on July 28, 2008, Ch. IV: Solitary confinement, para. 83. In the same sense, the European
Penitentiary Rules (Rule 60.5). The UN Basic Principles for the Treatment of Prisoners go further in establishing
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