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every day.20 For human contact to be meaningful, it cannot be incidental
or taking place only because of prison routine, it is a real face-to-face
conversation taking place between two people at eye-level (see sections
3.6 and 4.3.8 for more details). As a matter of fact, sensory deprivation
and social isolation are harmful while meaningful human interaction has
a preventive effect at counterbalancing or mitigating the harmful effects
of solitary confinement. Indeed, meaningful human interaction is very
important because it is necessary for reality testing, for the definition
of one’s own personality, and to evaluate one’s own behavioural and
emotional responses to external stimuli.
2.2.5. Effectiveness of procedural safeguards
There is often a problem of effectiveness of the procedural safeguards
available to isolated persons. Those placed in solitary confinement
should be able to take part in the procedure regarding the decision on
the application of the measure. If it is the outcome of a disciplinary
committee, they should be able to defend themselves through their
lawyer or the person representing them and their rights. The isolated
person should be given the order in writing, and it should be clear about
how s/he can oppose this measure. The arrangements for opposing the
measure should be effective, not just formal.
2.2.6. Role of medical staff
Daily medical visits of isolated detainees are crucial. Medical staff have
the capacities to detect and report to the prison director if a prisoner is
showing signs of the effects of solitary confinement. According to several
human rights bodies (Mandela Rules21, SRT22, CPT23, EPR24), they should
advise the director on the termination of the measure, or they should have
20. EPR 53.A.f.
21. Mandela Rules 46.
22. United Nations General Assembly, 2011, §§100-101.
23. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, 21th General Report of the CPT. 2010-2011, Strasbourg, §§62-63.
24. EPR 43.3, 53.A.i, 60.6.b
Monitoring Solitary Confinement in Prison
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