147
suffering, the act of putting or keeping someone in solitary confinement
may amount to torture. 490
414.
The Commission stresses that solitary confinement in a cell as a
disciplinary measure should not be used in circumstances that amount to a form of cruel,
inhuman and degrading treatment. This means inter alia that the State must ensure that
the conditions of the cells used for solitary confinement meet the minimum standards for
the accommodations of the inmates being punished. 491 The essential thing is that
conditions of the cells used for solitary confinement must adhere to the same international
standards for spaces housing the general population of inmates. Not only is there no valid
justification for conditions in these punishment cells to be substandard, but such
conditions also are tantamount to the improper harshening of the sentence and jeopardize
the very health of the person held in solitary confinement.
415.
According to the Istanbul Declaration, solitary confinement can cause
serious psychological and, sometimes, physiological damage in persons, who can present
symptoms ranging from insomnia and mental cloudiness to hallucinations and psychosis.
These adverse health effects can begin to manifest themselves after only a few days of
confinement and progressively grow worse. 492
416.
In this regard, the European Court has established that protracted
sensory isolation coupled with complete social isolation can no doubt ultimately destroy
the personality; thus, it constitutes a form of inhuman treatment, which cannot be justified
out of concerns for security or anything else. 493
417.
In light of this consideration, the IACHR underscores that the health of
the persons who are held in solitary confinement must be monitored on a regular basis by
medical staff, 494 particularly for purposes of suicide prevention (on this topic, also see the
Chapter III section E of this report). When health care staff deems the individual unfit for
solitary confinement or that the use of this method must be stopped, an expert opinion
must be submitted to the competent authorities.
418.
Likewise, health care staff at centers of deprivation of liberty should
periodically inspect the cells and the places used for solitary confinement of inmates and
��
490
International Tribunal for the Former Yugoslavia (ICTY), Prosecutor v. Milorad Krnojelac, Case No. IT‐
97‐25‐T, Trial Chamber II, Judgment of March 15, 2002, para. 183.
491
IACHR, Press Release, “Office of the Rapporteur on the Rights of Persons Deprived of Liberty
Concludes Visit to Suriname,” Washington, D.C., June 9, 2011, Annex, para. 15.
492
Most of the effects produced by solitary confinement are psychological in nature and can cause
acute alterations, and even chronic in the following areas: anxiety, depression, anger, cognitive, perceptual
distortions, paranoia and psychosis. At the physiological level there can be gastro‐intestinal, cardiovascular,
genito‐urinary, migraines, and profound fatigue problems. See, Shalev, Sharon, A sourcebook on solitary
confinement, Mannheim Centre for Criminology, LSE, 2008, pp. 15‐16, available HERE.
493
European Court of Human Rights, Case of Ramírez Sánchez v. France, (Application no. 59450/00),
Judgment of July 4, 2006, Grand Chamber, paras. 120‐123.
494
On this matter, see the Standard Minimum Rules for the Treatment of Prisoners (Rule 23.3).
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