A/66/268
confinement is a regular feature of pretrial detention (A/63/175, para. 78 (i)). The
purposes for the use of solitary confinement in pre-charge and pretrial detention vary
widely, and include preventing the intermingling of detainees to avoid demoralization
and collusion, and to apply pressure on detainees to elicit cooperation or extract a
confession. 26
F.
Conditions of solitary confinement
46. The administration of prisons and the conditions in which prisoners are held is
governed by prison regulations and national laws, as well as by international human
rights law. Fundamental norms that are binding by virtue of being treaty-based or
part of customary international law are supplemented and interpreted through the
United Nations Standard Minimum Rules for the Treatment of Prisoners, adopted by
the Economic and Social Council in 1957. Although not directly binding, the
Standard Minimum Rules are widely accepted as the universal norm for the humane
treatment of prisoners.
47. The particular conditions in which detainees are held in solitary confinement
vary between institutions and jurisdictions. Most, however, have a number of
physical and non-physical conditions (or a prison regime) in common.
1.
Physical conditions
48. The principal physical conditions relevant to solitary confinement are cell size,
presence of windows and light, and access to sanitary fixtures for personal hygiene.
In practice, solitary confinement cells typically share some common features,
including: location in a separate or remote part of the prison; small, or partially
covered windows; sealed air quality; stark appearance and dull colours; toughened
cardboard or other tamperproof furniture bolted to the floor; and small and barren
exercise cages or yards (E/CN.4/2006/6/Add.3, para. 47). In some jurisdictions,
prisoners in solitary confinement are held in leg irons and subjected to other
physical restraints (A/HRC/13/39/Add.4, para. 76 (f)).
49. There is no universal instrument that specifies a minimum acceptable cell size,
although domestic and regional jurisdictions have sometimes ruled on the matter.
According to the European Court of Human Rights in Ramírez Sanchez v. France, a
cell measuring 6.84 square metres is “large enough” for single occupancy. 27 The
Court did not elaborate on why such measures could be considered adequate; the
Special Rapporteur respectfully begs to differ, especially if the single cell should
also contain, at a minimum, toilet and washing facilities, bedding and a desk.
50. The presence of windows and light is also of critical importance to the
adequate treatment of detainees in solitary confinement. Under rule 11 of the
Standard Minimum Rules for the Treatment of Prisoners, there should be sufficient
light to enable the detainee to work or read, and windows so constructed as to allow
airflow whether or not artificial ventilation is provided. However, State practice
reveals that this standard is often not met. For example, in Georgia, window-
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26
27
14
Peter Scharff Smith, “Solitary Confinement: An introduction to the Istanbul Statement on the
Use and Effects of Solitary Confinement”, p. 41.
Ramírez Sanchez v. France, Application No. 59450/00, European Court of Human Rights,
para. 102 (2006).
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