A/66/268 (articles 21 on exercise and sport; 37-39 on contact with the outside world; 40 on books; 41 and 42 on religion; 71-76 on work; 77 and 78 on education and recreation; and 79-81 on social relations and after-care). 3. Social isolation 54. Solitary confinement reduces meaningful social contact to an absolute minimum. The level of social stimulus that results is insufficient for the individual to remain in a reasonable state of mental health. 33 55. Research shows that deprived of a sufficient level of social stimulation, individuals soon become incapable of maintaining an adequate state of alertness and attention to their environment. Indeed, even a few days of solitary confinement will shift an individual’s brain activity towards an abnormal pattern characteristic of stupor and delirium. 34 Advancements in new technologies have made it possible to achieve indirect supervision and keep individuals under close surveillance with almost no human interaction. The European Court of Human Rights has recognized that “complete sensory isolation, coupled with total social isolation, can destroy the personality and constitutes a form of inhuman treatment which cannot be justified by the requirements of security or any other reason”. 35 56. According to the European Court of Human Rights, States should also take steps to reduce the negative impact of solitary confinement. 36 Where the damaging effects of solitary confinement on a particular individual are known, the regime cannot continue. 37 The conditions of confinement are relevant in this respect, because where conditions are beyond reproach, the Court considers it unlikely that the minimum threshold of severity to find a violation of article 3 will be reached. 38 Routine examination by doctors can be a factor in determining that there was no violation of article 3. 39 G. Prolonged or indefinite solitary confinement 57. The use of prolonged or indefinite solitary confinement has increased in various jurisdictions, especially in the context of the “war on terror” and “a threat to national security”. Individuals subjected to either of these practices are in a sense in a prison within a prison and thus suffer an extreme form of anxiety and exclusion, which clearly supersede normal imprisonment. Owing to their isolation, prisoners held in prolonged or indefinite solitary confinement can easily slip out of sight of __________________ 33 34 35 36 37 38 39 16 Peter Scharff Smith, “The effects of solitary confinement on prison inmates”, Crime and Justice, vol. 34 (2006), p. 449. Stuart Grassian, “Psychiatric Effects of Solitary Confinement”, Journal of Law and Policy, vol. 22 (2006), p. 325. Ilaşcu and others v. Moldova and Russia, Application No. 48787/99, European Court of Human Rights (2004), para. 432. Mathew v. Netherlands, Application No. 24919/03, para. 202. G.B. v. Bulgaria, para. 85. Valasinas v. Lithuania, Application No. 44558/98, European Court of Human Rights, para. 112 (2001); Ocalan v. Turkey, para. 193. Rohde v. Denmark, para. 97. 11-44570

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