Committee,179 prolonged solitary confinement of the detained or imprisoned person
may amount to torture or other cruel, inhuman or degrading treatment. According to
a report of the UN Subcommittee on Prevention of Torture, prolonged solitary confinement may amount to an act of torture and it should not be used in the case of minors or
the mentally disabled individuals. 180 According to the 2007 Istanbul Statement181 on the
use and effects of solitary confinement, the use of solitary confinement cell in relation
to the mentally ill persons should be absolutely prohibited.
In his Parliamentary Report of 2014, the Public Defender addressed the Minister of Corrections with the recommendation to take relevant measures against the placement of
prisoners with mental problems in the solitary confinement cells, however, Public Defender’s recommendation was not taken into consideration and there were cases when
the individuals with mental problems were placed in the solitary confinement cells. In
2015, the facts of placing the prisoners with mental problems in the solitary confinement cells were revealed in the penitentiary establishments N2 and N3. For example, in
the establishment N3, one of the prisoners with mental problems was subjected to the
disciplinary sanctions 5 times during the first 4 months of 2015, out of which the prisoner was placed in the solitary confinement cell twice. Similarly, the second prisoner,
who suffered from the personality disorder, was subjected to the disciplinary sanctions
3 times during the first 4 months of 2015, including, in one case, to the placement in the
solitary confinement cell.
All necessary measures should be taken in order to avoid placing mentally ill prisoners
in solitary confinement cells and to ensure timely and adequate psychiatric assistance
to such prisoners.
The Case of D.Ph.
Special attention should be paid to the case of D.Ph., individual placed in the penitentiary establishment N7 to serve the life imprisonment. According to the findings of the
Psychiatric Commission of the Ministry of Corrections dated 16 July, 3 December and
23 December 2014, convicted D.Ph. has a psychotic mental disorder. The Commission
found that it is reasonable to subject the convict to the forensic psychiatric examination
and that he/she is in need of involuntary psychiatric treatment. It is noteworthy, that
179 CCPR, General Comment 20/44, April 3, 1992.
180 UN Subcommittee on Prevention of Torture (2010), report on the visit of the subcommittee on
prevention of torture and other cruel, inhuman or degrading treatment or punishment to the
republic of Paraguay (par 184).
181 International Psychological Trauma Symposium (2007), The Istanbul Statement on the use and
effects of solitary confinement.
116
NATIONAL PREVENTIVE MECHANISM (NPM), 2015
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