CAT/OP/POL/ROSP/1 (d) Disciplinary and restraint cells 92. The delegation noted that all facilities featured two types of isolation cells: disciplinary and restraint cells (equipped with restraining belts); however, the latter were largely unused in the facilities visited. Disciplinary proceedings are initiated in cases of offences under the Penal Code or internal regulations including addressing officials without respect, disobedience, disrespect of the rules, fights between prisoners or attacks on the officials. 93. The Subcommittee is concerned that solitary confinement is not imposed through a proper procedure, but usually simply on the decision of the director of the facility. Inmates are not systematically heard prior to the imposition of a sanction, are generally not informed about the possibility to appeal and do not receive a copy of the disciplinary decision. Although noting that solitary confinement is generally limited to 14 days, the Subcommittee is concerned that in special circumstances it may be extended up to 28 days with the permission of a judge. 94. The Subcommittee recommends that the State party review its laws and regulations to clearly define the procedure for imposing solitary confinement, ensuring that it is transparent and includes the possibility to appeal the decision. Isolation cells should only be used when strictly necessary. In addition, the Subcommittee recommends that measures be put in place to allow detainees to appeal against the imposition of disciplinary sanctions. 95. The Subcommittee recommends that solitary confinement be used only in exceptional cases as a last resort, for as short a time as possible and subject to independent review, and that such periods must not be imposed consecutively or in rapid succession. Time spent in isolation cells awaiting the decision on the sanction should count towards the period of disciplinary sanction. 96. The Subcommittee is concerned that in some facilities disciplinary cells are used for the purpose of medical isolation (e.g. in cases of scabies) – including isolation related to mental health issues (depression, anxiety disorder and personality disorder) – which has an adverse effect on those inmates. In one such case, the delegation was informed that the decision on the placement was actually taken by the doctor. 97. The Subcommittee recommends that the State party ensure that the imposition of solitary confinement be prohibited in the case of prisoners with mental or physical disabilities when their conditions would be exacerbated by such measures. Instead, such inmates should be offered appropriate medical assistance. 98. In addition, the Subcommittee noted that there is no uniform understanding on the role of medical professionals vis-à-vis inmates placed in solitary confinement. The Subcommittee is concerned that in many prisons medical professionals reported that they had no responsibilities vis-à-vis persons in disciplinary cells (in some cases, only an obligation to visit persons in restraint cells). Furthermore, in one facility the delegation was informed that medical professionals had to examine inmates to certify that they were fit to be placed in solitary confinement. 99. The Subcommittee recommends that the State party review the relevant legislation and regulations to ensure that health-care personnel do not have any role in the imposition of disciplinary sanctions or other restrictive measures. On the other hand, health-care staff should be very attentive to the situation of prisoners placed in disciplinary cells. Health-care staff should be informed immediately of every such placement and should visit the prisoner without delay after placement and thereafter on a regular basis, at least once per day, and provide him or her with prompt medical assistance and treatment as required. In addition, health-care personnel should report to the director any adverse effect of disciplinary sanctions or other restrictive measures on the physical or mental health of a prisoner and shall advise if they consider it necessary to terminate or alter them for physical or mental health reasons. 18 18 14 Nelson Mandela Rules, rule 46. See also Council of Europe, “Report to the Polish Government on the visit to Poland carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment from 11 to 22 May 2017”. CPT/Inf(2018) 39, para. 90.