MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE
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ISOLATION
1
Standards
“Efforts addressed for the abolition of solitary confinement as a
punishment, or to the restriction of its use, should be undertaken and
encouraged.” Principle 7, BPTP
“Prolonged solitary confinement of the detained or imprisoned
may amount to prohibited acts of torture”, GC n° 20/44 on Article 7
ICCPR
“The CPT pays particular attention to prisoners held, for whatever
reason (for disciplinary purposes; as a result of their ’dangerousness’
or their ’troublesome’ behaviour; in the interests of a criminal investigation; at their own request), under conditions akin to solitary confinement.
The principle of proportionality requires that a balance be struck
between the requirements of the case and the application of a solitary
confinement-type regime, which is a step that can have very harmful
consequences for the person concerned. Solitary confinement can, in
certain circumstances, amount to inhuman and degrading treatment;
in any event, all forms of solitary confinement should be as short as
possible.
In the event of such a regime being imposed or applied on request,
an essential safeguard is that whenever the prisoner concerned, or a
prison officer on the prisoner’s behalf, requests a medical doctor, such
a doctor should be called without delay with a view to carrying out a
medical examination of the prisoner. The results of this examination,
including an account of the prisoner’s physical and mental condition
as well as, if need be, the foreseeable consequences of continued isolation, should be set out in a written statement to be forwarded to the
competent authorities.” CPT, GR2, § 56
See also IDRCPDL, art. 48.
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