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If it becomes clear that solitary confinement is likely to be required for a longer
period of time, a body external to the prison holding the prisoner, for example, a
senior member of headquarters staff, should become involved. A right of appeal to
an independent authority should also be in place. When an order is confirmed, a full
interdisciplinary case conference should be convened and the prisoner invited to
make representations to this body. A major task for the review team is to establish a
plan for the prisoner with a view to addressing the issues which require the prisoner
to be kept in solitary confinement. Among other things, the review should also look
at whether some of the restrictions imposed on the prisoner are strictly necessary –
thus it may be possible to allow some limited association with selected other
prisoners. The prisoner should receive a written, reasoned decision from the review
body and an indication of how the decision may be appealed. After an initial decision,
there should be a further review at least after the first month and thereafter at least
every three months, at which progress against the agreed plan can be assessed and if
appropriate a new plan developed. The longer a person remains in this situation, the
more thorough the review should be and the more resources, including resources
external to the prison, made available to attempt to (re)integrate the prisoner into the
main prison community. The prisoner should be entitled to require a review at any
time and to obtain independent reports for such a review. The prison director or
senior members of staff should make a point of visiting such prisoners daily and
familiarise themselves with the individual plans. Medical staff should also pay
particular attention to prisoners held under these conditions.
(d)
Solitary confinement for protection purposes
“Own request” protection cases raise fewer questions than those ordered to go
on protection by staff, but they still need some consideration. The CPT considers
that all the alternatives, including transferring to another prison either the individual
prisoner in need of protection or the prisoners causing the problem, mediation and
assertiveness training, should be tried first and the full consequences of a decision to
go on protection explained to the prisoner. Of course, a request from any prisoner on
voluntary protection to return to the mainstream should be considered and granted
if this can be safely done.
Those who are placed on protection against their will should have the right to
play a full part in the discussion of the decision and to proffer alternative solutions.
They should be given a full explanation of the decision and the opportunity to
challenge it at a higher level. The decision should be reviewed on a regular basis so
that solitary confinement can be ended as soon as it is no longer necessary.
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