When separated from the general prison population, (suspected) violent extremist
prisoners as well as, in some countries, those considered “at risk” of VERLT, are most
often held in individual cells in the highest security or dedicated units/prisons. This often
results in regimes where there is continuous monitoring, limited outdoor time, no or limited
access to work and other activities, and limited meaningful human contact. Others who
are kept among the general prison population are often subjected to restrictions not
applied to the rest of the prison population. All face real risks of stigmatization, humiliation,
discrimination and disproportionate or otherwise arbitrary restrictions concerning their
detention conditions and treatment based on their “status”. As highlighted in section 2.1,
they too often have limited or ineffective opportunities to challenge such restrictions. Their
detention regime represents a high-risk situation for abuse, ill-treatment or even torture.
Solitary confinement
The UN Nelson Mandela Rules define solitary confinement as “the confinement of
244
prisoners for 22 hours or more a day without meaningful human contact”, and require
it to be authorized by law, regardless of it being imposed as a disciplinary measure or to
245
maintain order and security, and be subjected to independent review. The European
Prison Rules (EPR) go even further, stating that, in all cases where a prisoner is separated
from other prisoners (except separation for disciplinary purposes), they “shall be offered
246
at least two hours of meaningful human contact a day”. Solitary confinement shall be
used only in very exceptional cases as a last resort and for as short a time as possible,
247
and it shall not be imposed by virtue of a prisoner’s sentence. In cases when isolation
amounts to solitary confinement, the practice of automatically isolating individuals on the
basis of their charges and offences is contrary to this prohibition, as set out in the UN
248
Nelson Mandela Rules.
There is well documented evidence that solitary confinement can have serious psychological
249
and physiological effects on prisoners. Healthcare staff must not have any role in the
244 UN Nelson Mandela Rules, op. cit., note 13, Rule 44. For more information on what constitutes “meaningful
human contact”, see: ODIHR & PRI, Guidance Document on the Nelson Mandela Rules, op. cit., note 10,
Chapter 4, paras. 50-51.
245 UN Nelson Mandela Rules, op. cit., note 13, Rules 37.d, 45.1. In fact, according to Rule 37(d), The following
shall always be subject to authorization by law or by the regulation of the competent administrative authority:
“Any form of involuntary separation from the general prison population, such as solitary confinement,
isolation, segregation, special care units or restricted housing, whether as a disciplinary sanction or for the
maintenance of order and security, including promulgating policies and procedures governing the use and
review of, admission to and release from any form of involuntary separation.”
246 “It follows from this provision that all prisoners who do not have access to such contact are being held in
solitary confinement as defined in the UN Nelson Mandela Rules, and in breach of Rule 53A of the EPR. In
this sense, the EPR actually prohibit solitary confinement (at least as defined by the UN Nelson Mandela
Rules) for all purposes except disciplinary ones. For this reason, “separation” is used as a distinct term in
Rule 53A.” https://theartofcrime.gr/whats-new-in-the-2020-european-prison-rules-innovative-provisionson-separation-solitary-confinement-and-other-prison-practices/.
247 Ibid., Rule 45; Basic Principles for the Treatment of Prisoners, op. cit., note 125, Principle 7; EPR, op. cit.,
note 123, Rule 60(6); IACHR, “Principles and Best Practices on the Protection of Persons Deprived of
Liberty in the Americas”, op. cit., note 123, Principle XXII(3).
248 Ibid., Rule 45.
249 ODIHR & PRI, Guidance Document on the Nelson Mandela Rules, op. cit., note 10, Chapter 4, para. 43-44.
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