113
safeguard his life. Furthermore, in the moment that the victim proceeded to take his life,
the authorities failed to act with due diligence to prevent the suicide from being
consummated. Basically, the concurrence of the circumstances described, as well as the
absence of any other satisfactory explanation from the State, allowed the IACHR to
conclude that they had a direct bearing on the victim's death. This case is currently before
the Inter‐American Court.
319.
Accordingly, the IACHR finds that the incarceration of an individual in
isolation conditions that do not meet the applicable international standards constitutes a
risk factor for suicide. 357 Therefore, the physical and mental health of the inmate should be
kept under close medical supervision throughout the time that this measure is enforced. 358
The isolation or solitary confinement of a person deprived of liberty shall only be permitted
as a measure that is strictly limited in time, as a last resort, and in accordance with a series
of safeguards and guarantees set down in the applicable international instruments.
320.
Isolation or solitary confinement shall be strictly prohibited in the case of
children and adolescents deprived of their liberty. 359 The mere application of measures of
this type to anyone under the age of18 in itself constitutes a form of cruel, inhuman, or
degrading treatment. The segregation and isolation of children or adolescents constitutes
an additional risk factor for acts of suicide. 360
321.
The Commission is of the opinion that the State, as guarantor of the
rights of persons deprived of liberty, should address suicide prevention as a matter of
priority, which entails reducing potential risk factors to a minimum. In this regard, the
applicable international instruments establish, for example, the duty to perform a medical
examination of all individuals upon admission to a detention facility, 361 which should
include observation to determine if the inmate poses a danger to themselves, 362 as well as
the duty of the State to provide mental health services whenever the personal situation of
the inmate warrants, 363 obligation which arises from Article 5 of the American Convention
(see Chapter IV of this report).
357
See also, Shalev, Sharon, A Sourcebook on Solitary Confinement, Mannheim Centre for Criminology,
2008, p. 17, available at: http://solitaryconfinement.org/uploads/sourcebook_web.pdf.
358
See, Standard Minimum Rules for the Treatment of Prisoners (Rule 32.3).
359
See, United Nations Rules for the Protection of Juveniles Deprived of their Liberty, No. 67; Principles
and Best Practices on the Protection of Persons Deprived of Liberty in the Americas (Principle XXII.3); and the
Istanbul Statement on the Use and Effects of Solitary Confinement, adopted on 9 December 2007, available at:
http://solitaryconfinement.org/uploads/Istanbul_expert_statement_on_sc.pdf.
360
WHO, Health in Prisons: A WHO guide to the essentials in prison health, 2007, p. 8.
361
Standard Minimum Rules for the Treatment of Prisoners (Rule 24), Body of Principles for the
Protection of All Persons under Any Form of Detention or Imprisonment (Principle 24), Principles and Best
Practices on the Protection of Persons Deprived of Liberty in the Americas (Principle IX.3) and United Nations
Rules for the Protection of Juveniles Deprived of their Liberty (Rule 50).
362
WHO, Health in Prisons: A WHO guide to the essentials in prison health, 2007, pp. 24 and 25.
363
See, Standard Minimum Rules for the Treatment of Prisoners (Rule 22.1 and 25.1); Principles and
Best Practices on the Protection of Persons Deprived of Liberty in the Americas (Principle X); and United Nations
Rules for the Protection of Juveniles Deprived of their Liberty (Rules 49 and 51). Currently, the European Prison
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