ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES Calls for a prohibition of solitary confinement ‘in the case of prisoners with mental illness’ and of ‘persons with mental disabilities’ have been made by the SPT,342 and also in the Istanbul Statement on the Use and Effects of Solitary Confinement 2007.343 Further limitations on use of solitary confinement Where no absolute prohibition applies, solitary confinement should still only be imposed ‘in exceptional cases as a last resort, for as short a time as possible and subject to independent review, and only pursuant to the authorization by a competent authority’ (Rule 45).344 This has been emphasised also by the Special Rapporteur on Torture and the CAT.345 The experts recalled the commitment of the Basic Principles for the Treatment of Prisoners ‘towards the abolition of solitary confinement or the reduction of its use’.346 The Istanbul Statement on the Use and Effects of Solitary Confinement, the European Prison Rules347 and the Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas all reiterate that solitary confinement should be used only in very exceptional cases, as a last resort and for as short a time as possible, ‘when it is evident that it is necessary to ensure legitimate interests relating to the institution’s internal security, and to protect fundamental rights, such as the right to life and integrity of persons deprived of liberty or the personnel’.348 The CPT added guidance by stating that, ‘[g]iven that solitary confinement is a serious restriction of a prisoner’s rights which involves inherent risks to the prisoner, the level of actual or potential harm must be at least equally serious and uniquely capable of being addressed by this means.’349 Procedural safeguards The CPT has pointed out that clear disciplinary procedures need to be both formally established and applied in practice, and that any grey zones in this area involve the risk of seeing unofficial (and uncontrolled) systems developing.350 The Essex group noted that under the Rules, solitary confinement must be ‘subject to independent review, and only pursuant to the authorization by a competent authority’. The participants recalled that this principle has been enshrined in Rule 41(4) for disciplinary sanctions in general, but is reiterated in Rule 45(1), clarifying that it applies to solitary confinement regardless of the reason for which this measure is imposed.351 SPT, Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to the Republic of Paraguay, 7 June 2010, CAT/OP/PRY/1, para. 185. 342  Istanbul Statement on the use and effects of solitary confinement, adopted on 9 December 2007 at the International Psychological Trauma Symposium, Istanbul. 343  Rule 45 Nelson Mandela Rules. 344  Special Rapporteur on Torture report 2013, A/68/295, para. 60; CAT SMR revision observations, CAT/C/51/4, para. 32. 345  Principle 7 of the UN Basic Principles for the Treatment of Prisoners 1990. 346  European Prison Rules 2006, Rule 60(5): ‘Solitary confinement shall be imposed as a punishment only in exceptional cases and for a specified period of time, which shall be as short as possible’. 347  Principle XXII (3) of the Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas. 348  CPT 21st General Report. 349  CPT 2nd General Report, [CPT/Inf (92) 3], para. 55. 350  Principle 22(3) of the Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas also states that ‘In all cases, the disposition of solitary confinement shall be authorized by the competent authority and shall be subject to judicial control’. 351  Penal Reform International and the Essex Human Rights Centre | 91