A/66/268
effects on individuals regardless of their specific conditions. He finds solitary
confinement to be contrary to one of the essential aims of the penitentiary
system, which is to rehabilitate offenders and facilitate their reintegration into
society. The Special Rapporteur defines prolonged solitary confinement as any
period of solitary confinement in excess of 15 days.
80. Depending on the specific reason for its application, conditions, length,
effects and other circumstances, solitary confinement can amount to a breach
of article 7 of the International Covenant on Civil and Political Rights, and to
an act defined in article 1 or article 16 of the Convention against Torture. In
addition, the use of solitary confinement increases the risk that acts of torture
and other cruel, inhuman or degrading treatment or punishment will go
undetected and unchallenged.
81. Considering the severe mental pain or suffering solitary confinement may
cause when used as a punishment, during pretrial detention, indefinitely or for
a prolonged period, for juveniles or persons with mental disabilities, it can
amount to torture or cruel, inhuman or degrading treatment or punishment.
The Special Rapporteur is of the view that where the physical conditions and
the prison regime of solitary confinement fail to respect the inherent dignity of
the human person and cause severe mental and physical pain or suffering, it
amounts to cruel, inhuman or degrading treatment or punishment.
Recommendations
82. The Special Rapporteur calls upon States to respect and protect the rights
of persons deprived of liberty while maintaining security and order in places of
detention. He recommends that States conduct regular reviews of the system of
solitary confinement. In this context, the Special Rapporteur reiterates that
States should refer to the Istanbul Statement on the Use and Effects of Solitary
Confinement as a useful tool in efforts to promote the respect and protection of
the rights of detainees.
83. The Special Rapporteur calls upon States to ensure that all persons
deprived of their liberty are treated with humanity and respect for the inherent
dignity of the human person as protected by article 10, paragraph 1, of the
International Covenant on Civil and Political Rights. The Special Rapporteur
refers to the Standard Minimum Rules for the Treatment of Prisoners and
recommends that States increase the level of psychological, meaningful social
contact for detainees while in solitary confinement.
84. The Special Rapporteur urges States to prohibit the imposition of solitary
confinement as punishment — either as a part of a judicially imposed sentence
or a disciplinary measure. He recommends that States develop and implement
alternative disciplinary sanctions to avoid the use of solitary confinement.
85. States should take necessary steps to put an end to the practice of solitary
confinement in pretrial detention. The use of solitary confinement as an
extortion technique during pretrial detention should be abolished. States should
adopt effective measures at the pretrial stage to improve the efficiency of
investigation and introduce alternative control measures in order to segregate
individuals, protect ongoing investigations, and avoid detainee collusion.
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11-44570
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