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1 or to cruel, inhuman or degrading treatment or punishment under
article 16 of the Convention against Torture, and to a breach of article
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7 of the International Covenant on Civil and Political Rights.
281.
According to the doctrine of the Committee for the Prevention of
Torture of the Council of Europe, solitary confinement of pretrial detainees must be
governed by the following standards: (a) it should only be resorted to in exceptional
circumstances, be strictly limited to the requirements of the case, and be proportional
to the needs of the investigation; (b) restrictions should be authorized by a court; (c)
detainees should have an effective right of appeal to a court or another independent
body; (d) detainees should have access to a doctor whose written report should be
forwarded to the competent authorities; and (e) detainees should be offered purposeful
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activities in addition to outside exercise and guaranteed appropriate human contact.
282.
Additionally, “[t]he punishment of solitary confinement shall not affect
the access to a lawyer and shall allow minimum contact with family outside. It should
not affect the conditions of […] detention in respect of bedding, physical exercise,
379
hygiene, access to reading material and approved religious representatives.”
283.
In fulfilling the different duties assigned to it under its mandate, the
IACHR has observed over the past years that as a general rule solitary confinement is
used mostly in the countries of the region that do not adhere to the norms and
standards of international human rights law, and that it is generally applied to both
convicted persons and pretrial detainees alike.
284.
Thus, in the context of this report, the Commission received
information that in the United States there are approximately 60,000 persons in pretrial
detention each year under the federal jurisdiction and another 700,000 persons in
pretrial detention at the state level. Based on these figures and on the fact that solitary
confinement is consistently used in the United States, one could infer that there may be
hundreds of thousands of individuals awaiting trial in solitary confinement each year in
the country. Additionally, there have been documented instances of the practice of
holding juveniles in conflict with the law in solitary confinement over the course of the
entire proceedings as a protection measure when they are in custody in adult prisons,
and of the frequent use of solitary confinement of juveniles as a disciplinary measure. As
an example, the New York City Department of Prisons estimates that more than 14% of
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UN, Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment, Interim Report, A/66/268, published on August 5, 2011, para. 73.
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2008, pag. 30.
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Shalev, Sharon, A sourcebook on solitary confinement, Mannheim Centre for Criminology, LSE,
Council of Europe/Committee of Ministers Recommendation Rec(2006)13 on the use of remand
in custody, the conditions in which it takes place and the provision of safeguards against abuse, approved on
September 27, 2006, para. 42.
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