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2.1.1.Solitary confinement as a disciplinary punishment and banalization
of the measure
Solitary confinement is used as the most severe disciplinary punishment to
be used as a last resort. In practice, however, this is often not the case. The
maximum duration of solitary confinement for disciplinary reasons changes
drastically between countries. Many countries have set the limit well
beyond the 15 days prescribed by international standards. In this and other
cases, there is a problem of standardisation and the banalization of isolation,
which lead to its systematic use and a failure to look for alternatives.
2.1.2. Court-imposed solitary confinement
Solitary confinement can be imposed by a court decision either in the case
of pre-trial isolation, or isolation as part of prison sentence. The isolation
of remand detainees is usually applied in order to protect the undergoing
investigation. In some countries, the placement of a pre-trial detainee
in isolation was almost automatic, but in the last few years, several
countries are taking steps to address this problem, and reduce the use of
pre-trial isolation. The isolation of prisoners as part of a sentence is also
an issue of concern, because it now accepted that prison detention is the
punishment. Isolation constitutes a further punishment that violates the
principle that states that detainees are sent to prison as a punishment,
and not to receive a punishment. Furthermore, the isolation of detainees
should never be decided on the basis of the crime they committed.
2.1.3. Solitary confinement as an administrative tool
Solitary confinement can also be used as an administrative tool for preventive
purposes. The aim of such confinement is to manage the so-called dangerous
detainees who present, according to the prison administration, a very serious
risk to the safety or security of the prison. Some European states began
to use “small group isolation”, which is a form of imprisonment used to
manage particularly dangerous or high-risk prisoners. Usually, detainees
under this form of imprisonment are confined in isolation in their cells. Only
during their outdoor time are they allowed to associate with one or two other
Monitoring Solitary Confinement in Prison
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