146
Additionally, the instances and circumstances in which this measure can be used must be
expressly established by law (as provided in Article 30 of the American Convention), and its
use must always be subject to strict judicial oversight. In no instance should the solitary
confinement of an individual last longer than thirty days.
412.
The IACHR finds that prison authorities must immediately report the use
of this measure to the court under whose orders the inmate is serving. The competent
judicial authority must also be empowered to request additional information from prison
authorities and to overturn the measure should it believe that there are justifiable reasons
to do so. Under no circumstances may the solitary confinement of an individual be left
exclusively in the hands of the authorities in charge of the centers of deprivation of liberty
without proper judicial oversight.
413.
Hence, it has been widely established in international human rights law
that solitary confinement for extended periods of time constitutes at the very least a form
of cruel, inhuman and degrading treatment; 487 as does the uncertainty of the duration of
the same. 488 In fact, solitary confinement can be utilized as a means of torture, 489 an issue
about which the Criminal Tribunal for the Ex Yugoslavia has held, as a general standard,
that:
Solitary confinement is not, in and of itself, a form of torture. However,
in view of its strictness, its duration and the object pursued, it could
cause great physical or mental suffering […] To the extent that the
confinement of the victim can be shown to pursue one of the prohibited
purposes of torture and to have caused the victim severe pain and
…continuation
that, “[e]fforts addressed to the abolition of solitary confinement as a punishment, or to the restriction of its use,
should be undertaken and encouraged.” (Principle 7)
487
See e.g., United Nations, Human Rights Committee, General Comment No. 20: Prohibition of tortre
th
and cruel treatment or punishment (Article 7), adopted at the 44 session (1992), para. 6. In: Compilation of
General Comments and General Recommendations adopted by human rights treaty bodies, Volume I,
HRI/GEN/1/Rev.9 (Vol. I) adopted May 27, 2008, p. 239; United Nations Human Rights Committee,
Communication No. 577/94, Víctor Alfredo Polay Campos, Perú, CCPR/C/61/D/577/1994, decision adopted on
January 9, 1996, paras. 8.6, 8.7 and 9; 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. 7; I/A Court
H.R., Case of Castillo Petruzzi et al. V. Peru. Judgment of May 30, 1999. Series C No. 52, para. 194; I/A Court H.R.,
Case of Loayza Tamayo V. Peru. Judgment of September 17, 1997. Series C No. 33, paras 57‐58, (resides the
decitions cited above in the footnote 471); African Commission on Human Rights, Communication No. 250/2002,
Zegveld y Epbrem v. Eritrea, session 34, November 6‐20, 2003, para. 55.
488
United Nations, Joint Report of the Working Group on Arbitrary Detention; the Special Rapporteur
on the Independence of Judges and Lawyers; the Special Rapporteur on Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment; the Special Rapporteur on Freedom of Religion or Belief; and the Special
Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental
Health, E/CN.4/2006/120, adopted on February 27, 2006, para. 87.
489
Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (Istanbul Protocol), Office of the United Nations High Commissioner for
Human Rights, paras. 145(M) and 234.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents