A/66/268
and Political Rights. 7 In its concluding observations on Rwanda, the Human Rights
Committee recommended that “The State party should put an end to the sentence of
solitary confinement ...” (CCPR/C/RWA/CO/3, para. 14).
31. The Committee against Torture has recognized the harmful physical and
mental effects of prolonged solitary confinement and has expressed concern about
its use, including as a preventive measure during pretrial detention, as well as a
disciplinary measure. The Committee has recommended that the use of solitary
confinement be abolished, particularly during pretrial detention, or at least that it
should be strictly and specifically regulated by law (maximum duration, etc.) and
exercised under judicial supervision, and used only in exceptional circumstances,
such as when the safety of persons or property is involved (A/63/175, para. 80). The
Committee has recommended that persons under the age of 18 should not be
subjected to solitary confinement (CAT/C/MAC/CO/4, para. 8).
32. The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment has pointed out that prolonged solitary
confinement may amount to an act of torture and other cruel, inhuman or degrading
treatment or punishment and recommended that solitary confinement should not be
used in the case of minors or the mentally disabled (CAT/OP/PRY/1, para. 185). The
Subcommittee has also recommended that a medical officer should visit prisoners
held in solitary confinement every day, on the understanding that such visits should
be in the interests of the prisoners’ health. Furthermore, prisoners held in solitary
confinement for more than 12 hours should have access to fresh air for at least
one hour each day (CAT/OP/PRY/1, para. 184). In view of the condition of solitary
confinement, the Subcommittee has pointed out that beds and proper mattresses
should be made available to all inmates, including prisoners held in solitary
confinement (CAT/OP/HND/1, para. 227 (a), and CAT/OP/PRY/1, para. 280).
33. The Committee on the Rights of the Child, in its General Comment No. 10
(2007), emphasized that “disciplinary measures in violation of article 37 [of the
Convention on the Rights of the Child] must be strictly forbidden, including ...
closed or solitary confinement, or any other punishment that may compromise the
physical or mental health or well-being of the child concerned” (CRC/C/GC/10,
para. 89). Moreover, the Committee has urged States parties to prohibit and abolish
the use of solitary confinement against children (CRC/C/15/Add.151, para. 41;
CRC/C/15/Add.220, para. 45 (d); and CRC/C/15/Add.232, para. 36 (a)).
2.
Regional level
European Court of Human Rights
34. In its evaluation of cases of solitary confinement, the European Court of
Human Rights considers the rationale given by the State for the imposition of social
and physical isolation. The Court has found violations of article 3 of the European
Convention on Human Rights where States do not provide a security-based
__________________
7
10
Human Rights Committee, International Covenant on Civil and Political Rights, General
Comment No. 20 (A/47/40, annex VI.A), article 7 (Prohibition of torture, or other cruel,
inhuman or degrading treatment or punishment), 10 March 1992.
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