-21
2.2. Main critical issues
European prison administrations massively use - to different degrees
- solitary confinement. International human rights bodies such as the
European Committee against the Prevention of Torture (CPT) or the
Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (SPT) place it at the top of their
agenda due to the:
• The detrimental effect it has on the physical and mental health of
isolated detainees;
• The increased risk of becoming victims of violence and torture due
to frequent separation of solitary confinement sections from the rest
of the institution;
• The decreased frequency of visits by directors and prison staff in
general to these sections;
• The inhuman or degrading treatment or even the torture that
prolonged isolation may constitute in itself;
• The material conditions of the cells and other spaces, which are
generally severely degraded compared to the rest of the institution;
• The risk of a de-facto, non-formalised isolation, which may be
combined with special regimes, such as high-security regimes;
• The criticalities of procedural safeguards.11
2.2.1. Duration
The maximum duration of solitary confinement varies greatly from country
to country, from a few days to more than one month. There are many
countries (e.g. France and Denmark) where the limit is set well beyond
the 15 days identified by the Mandela Rules (SMR). Many jurisdictions
prohibit the practice of imposing several disciplinary sanctions of solitary
confinement in a row - but not all of them, and sometimes the time
between one sanction and another is too short. In some jurisdictions, due
to the length of solitary confinement exceeding two weeks, when the staff
observe that the detainee is not able to bear it anymore, they break up the
11. Among the documents that address the theme of solitary confinement with a global view, see this text
prepared by Penal Reform International and the APT, in particular on pp. 13-17.
Penal Reform International and the Association for the Prevention of Torture, Balancing security and
dignity in prisons: a framework for preventive monitoring, second edition, 2015, available at: http://www.
tortureprevention.ch/content/files_res/thematic-paper-4_balancing-security-and-dignity-in-prisons-en-1.pdf
Monitoring Solitary Confinement in Prison
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