the right to establish relations with other persons and the outside world.44
The European Committee for the Prevention of Torture underlines that it ‘pays particular attention to the convicts under conditions close to separation, despite the reason
for placing them under such conditions (disciplinary reasons, the result of their “dangerous” or “difficult” behavior, interests of criminal investigation, their personal request).
The principle of proportionality requires balance between the requirements of the case
and the use of the regime of separate placement of the prisoner, which may have grave
results. The mere fact of such a placement may in some cases amount to inhuman and
degrading treatment. In case, such a measure must be short-term.45 In 2015, the UN
Special Rapporteur on Torture paid attention to the practice of isolating prisoners and
pointed out that separate placement of prisoners for months may amount to torture,
inhuman and degrading treatment and increase the risk that the prisoner will endanger
his own life and health or the life of health of others.46
Regarding this issue, the Public Defender considers it important to create legal guarantees so that the prisoners separated from others are not placed under conditions that
cause suffering beyond what is inevitably caused by deprivation of liberty and isolation.
It is also important to define the maximum term for separating prisoners by law, including in the special risk institutions for deprivation of liberty and also introduce the obligation of reviewing this measure, after 14 days.
The temporal framework for using this measure of separate placement of prisoners, and
circumstances the presence of which cancels the need for its use are not clear. It is also
not explained why it is impossible to achieve the goal of securing safety by placing this
specific convict together with other convicts or by transferring him to another institution.
It is impermissible to disregard the requirements of international human rights law
obliging the state to periodically review necessity and proportionality of the measures
applied to secure safety. According to Rule 50.5 of the European Prison Rules, the level
of security should be reviewed regularly throughout the entire period of imprisonment.
In the case Ramirez Sanchez v. France, the European Court of Human Rights indicated
that the isolation of convicts cannot be imposed on a prisoner indefinitely. Moreover, it
is decisive to give a convict the possibility to have the type and grounds for applying this
measure reviewed by independent judiciary. In this case, the Court found the violation
44 Burghartz, p. 37, § 47, and Friedl v. Austria, 31 January 1995, p. 20, § 45.
45 The Report of the European Committee for the Prevention of Torture, 1998 Report following the
visit in Finland, CPC/Inf(96)28).
46 Report of the UN Special Rapporteur on Torture regarding the 2015 visit to Georgia, A/HRC/31/57/
Add.3, para. 85.
NATIONAL PREVENTIVE MECHANISM (NPM), 2015
49
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