A/66/268
proportional to the infraction, reports from regular review of the justification
for solitary confinement, and medical assessments of the detained person’s
mental and physical health.
Internal safeguards
94. From the moment that solitary confinement is imposed, through all stages
of its review and decisions of extension or termination, the justification and
duration of the solitary confinement should be recorded and made known to
the detained person. Additionally, the detained person should be informed of
what he or she must do to be removed from solitary confinement. In accordance
with rule 35 of the Standard Minimum Rules for the Treatment of Prisoners,
the detained person must receive this information in plain language that he or
she understands. This information must additionally be provided to any legal
representative of the detained person.
95. A documented system of regular review of the justification for the
imposition of solitary confinement should be in place. The review should be
conducted in good faith and carried out by an independent body. Any change in
the factors that justified the imposition of solitary confinement should
immediately trigger a review of the detained person’s solitary confinement. All
review processes must be documented.
96. Persons held in solitary confinement must be provided with a genuine
opportunity to challenge both the nature of their confinement and its
underlying justification through a process of administrative review. At the
outset of the imposition of solitary confinement, detained persons must be
informed of their alleged criminal or disciplinary infraction for which solitary
confinement is being imposed and must immediately have an opportunity to
challenge the reasons for their detention. Following the imposition of solitary
confinement, detained persons must have the opportunity to file a complaint to
prison management through an internal or administrative complaints system.
97. There shall be no limitations imposed on the request or complaint, such as
requiring evidence of both mental or emotional suffering and physical
suffering. Prison officials have an obligation to address all requests or
complaints promptly, informing the detained person of the outcome. All
internal administrative findings must be subject to external appeal through
judicial processes.
External safeguards
98. Detained persons held in solitary confinement must be afforded genuine
opportunities to challenge both the nature of their confinement and its
underlying justification through the courts of law. This requires a right to
appeal all final decisions by prison authorities and administrative bodies to an
independent judicial body empowered to review both the legality of the nature
of the confinement and its underlying justification. Thereafter, detained
persons must have the opportunity to appeal these judgements to the highest
authority in the State and, after exhaustion of domestic remedies, seek review
by regional or universal human rights bodies.
24
11-44570
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents