-29
punishment, and define it as “the confinement of a prisoner for more
than 22 hours a day without meaningful human contact”.28 For all other
forms of conduct for which solitary confinement is sometimes used (e.g.
for security or safety reasons29 - see section on specific groups of prisoners
in a situation of vulnerability) the 2020 Rules allow only on “separation”.30
Prisoners subject to such separation must always have at least two hours of
meaningful social contact a day.31 This represents a great step forward on
this specific topic.
3.2. When does solitary confinement amount to inhuman and
degrading treatment or torture?
As a general principle, all human rights bodies agree that solitary confinement
should be used as a measure of last resort and for the shortest possible
time. Its use should be exceptional and not the rule, it should not be
imposed on arbitrary grounds, it should be duly regulated and subjected
to judicial review (CAT32, SPT33, SRT34, Mandela Rules35, ECtHR36, CPT37,
EPR38). Effective remedies (with suspensive effects - HRC39) against
solitary confinement as a disciplinary measure should be available, also
the reasons of the imposition of the sanction should be recorded along
with its duration (SRT40, Mandela Rules41, CPT42, EPR43).
Because of its severe adverse health effects, the UN Special Rapporteur on
28. EPR 60.6.a.
29.EPR 53A and following.
30. EPR 53 and 53A
31. EPR 53A.1.
32. Committee against Torture, Observations of the Committee against Torture on the revision of the United
Nations Standard Minimum Rules for the Treatment of Prisoners (SMR), CAT/C/51/4, 16 December 2013,
§32.
33. Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Report on the visit of the Subcommittee on Prevention of Torture and other cruel, inhuman or
degrading treatment or punishment to Argentina, CAT/OP/ARG/1, 27 November 2013, §67.
34. United Nations General Assembly, Interim report of the Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment, A/66/268, 5 August 2011, §75.
35. Mandela Rules 45.
36. European Court of Human Rights, Case of Ramirez Sanchez v. France, Application no. 5608/05, 16
October 2008, §145.
37. European Committee for the Prevention of Torture, 2011, §53.
38. EPR 53A.c, 60.6.c, 61.
39. Human Rights Committee, Report of the Human Rights Committee. Volume I, A/58/40, New York,
2003, §83(16).
40. United Nations General Assembly, 2011, §§75, 87, 89-91, 93, 95-99..
41. Mandela Rules 39.
42. European Committee for the Prevention of Torture, 2011, §§56-57.
43. EPR 60.6.c
Monitoring Solitary Confinement in Prison
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