National Preventive Mechanism Sixth Annual Report 2014–15
In his 2011 report to the UN General
Assembly, the UN Special Rapporteur on
Torture set out his authoritative view that
solitary confinement should not be used on
children or persons with mental disabilities.51
Methodology
The UK NPM agreed common definitions of
isolation and solitary confinement as a basis for
monitoring. This two-layered definition allowed
NPM members to capture both general
practice – where prisoners are physically
isolated for one of a number of reasons – and
practice in its most extreme form, amounting
to solitary confinement, regardless of the
way the practices were named or whether
they were found in facilities designated for
the purpose of isolation.
NPM working definitions
Isolation
The physical isolation of individuals who
are confined to cells/rooms for disciplinary,
protective, preventive or administrative
reasons, or who by virtue of the physical
environment or regime find themselves
largely isolated from others. Restrictions on
social contacts and available stimuli are greater
than for the general detainee population.
Solitary confinement
The physical isolation of individuals who
are confined to cells/rooms for more than
22 hours a day. Meaningful contact with
others is reduced to a minimum and there
is a quantitative or qualitative reduction in
stimuli. Available stimuli and occasional social
contacts are seldom freely chosen, generally
monotonous and often not empathetic.
NPM members provided responses to a
common monitoring template based on their
visits and/or databases. The responses from
NPM members have been summarised and
written up according to types of detention
setting as a way of identifying common
practices across jurisdictions. The evidence
provides a snapshot of findings from NPM
members rather than an exhaustive account
or comprehensive piece of research. Key
themes from all settings are presented at
the end.
Prisons
HMIPS and HMI Prisons examine isolation
as part of their regular inspections and
contributed evidence to this review from one
and 12 inspections respectively.52 CJINI also
inspects prisons and reports on segregation,
but conducted no relevant inspections during
the reporting period. Prisons inspectors
review individual prisoners’ files, check
minutes of meetings relating to the oversight
of isolation, speak to prisoners and staff and
observe practices to formulate judgments
relating to its use. Criteria and standards
for these inspections are published.53
Information from one IMB in England and
Wales and the IMBNI Secretariat was also
submitted.
Background
Human rights standards identify that the
practice of isolating prisoners can arise as
a disciplinary sanction, for the purposes
of protection, or as an administrative
decision for preventive purposes. Solitary
confinement should only be used as a last
resort, and in exceptional circumstances.
51 United Nations General Assembly, Report of the Special Rapporteur on Torture, A/66/268, 5 August 2011.
52 All of these inspections were of men’s prisons.
53 At: http://www.gov.scot/Publications/2015/03/8256/0 and http://www.justiceinspectorates.gov.uk/hmiprisons/about-ourinspections/inspection-criteria/#.Vbjq9qPsqQA (accessed 14/10/15).
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