A/66/268
crimes against the State. 22 For instance, in some central European States,
individuals convicted and sentenced to capital punishment and to life imprisonment
serve their time in solitary confinement (A/64/215, para. 53). In other States, such as
in Mongolia, death sentences may be commuted to life sentences spent in solitary
confinement (E/CN.4/2006/6/Add.4, para. 47). The use of solitary confinement as a
disciplinary measure within prisons is also well documented and is likely the most
pervasive rationale for the use of solitary confinement as a form of punishment.22
Disciplinary measures usually involve the violation of a prison rule. For instance, in
Nigeria detainees are punished with solitary confinement of up to three days for
disciplinary offences (A/HRC/7/3/Add.4, appendix I, para. 113). Similarly, in the
Abepura Prison in Indonesia, solitary confinement for up to eight days is used as a
disciplinary measure for persons who violate prison rules (A/HRC/7/3/Add.7,
appendix I, para. 37).
42. Solitary confinement is also used to separate vulnerable individuals, including
juveniles, persons with disabilities, and lesbian, gay, bisexual and transgender
persons, for their own protection. They may be placed in solitary confinement at
their own request or at the discretion of prison officials. 23
43. State officials also use solitary confinement as a tool to manage certain prison
populations. Individuals determined to be dangerous, such as gang members, or at
high risk of escape may be placed in solitary confinement.23 Similarly, individuals
determined to be at risk of injury, such as sex offenders, informants, and former
correctional or law enforcement officers, are often allowed, or encouraged, to
choose voluntary solitary confinement in order to protect themselves from fellow
inmates. 24 Prisoners may also be placed in some form of solitary confinement in the
interests of prison management before, during or after transportation to and from
cells and detention facilities. 25 While the duration of solitary confinement when
used as a management tool may vary considerably, it is notable that the motivation
for its imposition is pragmatic rather than punitive.
44. Individuals determined to be terrorist suspects or national security risks are
often subjected to solitary confinement as well. For instance, in Equatorial Guinea a
section of the Black Beach Prison consisting of single cells is used for solitary
confinement of high security prisoners (A/HRC/13/39/Add.4, appendix I). Solitary
confinement can be also used as a coercive interrogation technique, and is often an
integral part of enforced disappearance or incommunicado detention (A/63/175,
annex). As noted within category (a) in paragraph 40 above, national security also
serves as a primary reason for the imposition of solitary confinement as a result of a
judicial sentence. For example, in China an individual sentenced for “unlawfully
supplying State secrets or intelligence to entities outside China” was allegedly held in
solitary confinement for two years of her eight-year sentence (E/CN.4/2006/6/
Add.6, appendix 2, para. 26).
45. States also use solitary confinement to isolate individuals during pre-charge or
pretrial detention. In some States, such as Denmark, holding individuals in solitary
__________________
22
23
24
25
11-44570
Shalev, op. cit., p. 25.
Shalev, op. cit., pp. 25 and 26.
Peter Scharff Smith, “Solitary Confinement: An introduction to the Istanbul Statement on the
Use and Effects of Solitary Confinement”, Journal on Rehabilitation of Torture Victims and
Prevention of Torture, vol. 18 (2008), p. 56.
Shalev, op. cit., p. 26.
13
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