A/66/268
rehabilitation or re-socialization of detainees (E/CN.4/2006/6/Add.4, para. 48). The
adverse acute and latent psychological and physiological effects of prolonged
solitary confinement constitute severe mental pain or suffering. Thus the Special
Rapporteur concurs with the position taken by the Committee against Torture in its
General Comment No. 20 that prolonged solitary confinement amounts to acts
prohibited by article 7 of the Covenant, and consequently to an act as defined in
article 1 or article 16 of the Convention. For these reasons, the Special Rapporteur
reiterates that, in his view, any imposition of solitary confinement beyond 15 days
constitutes torture or cruel, inhuman or degrading treatment or punishment,
depending on the circumstances. He calls on the international community to agree to
such a standard and to impose an absolute prohibition on solitary confinement
exceeding 15 consecutive days.
77. With respect to juveniles, the Declaration of the Rights of the Child and the
Preamble of the Convention on the Rights of the Child state that, given their
physical and mental immaturity, juveniles need special safeguards and care,
including appropriate legal protection. Article 19 of the Convention on the Rights of
the Child (General Assembly resolution 44/25) requires States Parties to “take all
appropriate legislative, administrative, social and educational measures to protect
the child from all forms of physical or mental violence …” In its General Comment
No. 8, the Committee on the Rights of the Child indicated that “There is no
ambiguity: ‘all forms of physical or mental violence’ does not leave room for any
level of legalized violence against children” (CRC/C/GC/8, para. 18). Paragraph 67
of the United Nations Rules for the Protection of Juveniles Deprived of their
Liberty, adopted by the General Assembly in resolution 45/113 of 14 December
1990, states that “All disciplinary measures constituting cruel, inhuman or
degrading treatment shall be strictly prohibited, including ... solitary confinement or
any other punishment that may compromise the physical or mental health of the
juvenile concerned” (see also CRC/C/GC/10, para. 89). Thus the Special Rapporteur
holds the view that the imposition of solitary confinement, of any duration, on
juveniles is cruel, inhuman or degrading treatment and violates article 7 of the
International Covenant on Civil and Political Rights and article 16 of the
Convention against Torture.
78. The right of persons with mental disabilities to be treated with humanity and
with respect for the inherent dignity guaranteed under article 10 of the Covenant
should be interpreted in light of the Principles for the Protection of Persons with
Mental Illness and for the Improvement of Mental Health Care, adopted by the
General Assembly on 17 December 1991 (resolution 46/119, annex). Given their
diminished mental capacity and that solitary confinement often results in severe
exacerbation of a previously existing mental condition, the Special Rapporteur
believes that its imposition, of any duration, on persons with mental disabilities is
cruel, inhuman or degrading treatment and violates article 7 of the Covenant and
article 16 of the Convention.
IV. Conclusions and recommendations
Conclusions
79. The Special Rapporteur stresses that solitary confinement is a harsh
measure which may cause serious psychological and physiological adverse
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