4. RESTRICTIONS, DISCIPLINE AND SANCTIONS 50 The Essex paper seeks to clarify the term “meaningful human contact”, used in Rule 44 to define what prisoners are deprived of during solitary confinement. Meaningful contact is defined as “the amount and quality of social interaction and psychological stimulation which human beings require for their mental health and wellbeing. Such interaction requires the human contact to be face to face and direct (without physical barriers) and more than fleeting or incidental, enabling empathetic interpersonal communication. Contact must not be limited to those interactions determined by prison routines, the course of (criminal) investigations or medical necessity.”237 51 It does not constitute “meaningful human contact” if prison staff “deliver a food tray, mail or medication to the cell door or if prisoners are able to shout at each other through cell walls or vents. In order for the rationale of the Rule to be met, the contact needs to provide the stimuli necessary for human wellbeing, which implies an empathetic exchange and sustained, social interaction. Meaningful human contact is direct rather than mediated, continuous rather than abrupt, and must involve genuine dialogue. It could be provided by prison or external staff, individual prisoners, family, friends or others – or by a combination of these.”238 Use in exceptional circumstances only 52 Rule 45 states that “[s]olitary confinement shall be used only in exceptional cases as a last resort, for as short a time as possible (…).” This position has been emphasized by many international bodies including the UN Special Rapporteur on torture and the UNCAT.239 53 Solitary confinement shall be considered a last resort, only to be used when other measures have first been tried and failed. 4 237. Essex paper 3, Penal Reform International and the University of Essex, op. cit., note 4, p. 89. 238. Ibid, p. 89. 239. See also: European Prison Rules, Council of Europe, op. cit., note 74, Rule 60.5. 106 Guidance document on the Nelson Mandela Rules