2.3. Use of solitary confinement International human rights standards prescribe that solitary confinement is to be used only in exceptional cases.49 Thus, as a matter of some concern, it was observed that the most common disciplinary sanction is solitary confinement, particularly prevalent in the Republika Srpska. The maximum period of time to be held in solitary confinement within the Republika Srpska is now 20 days pursuant to the Law on Execution of Criminal Sanctions.50 Similarly, in the Federation of BiH, a sentence of up to 20 days is possible. In contrast, prisoners convicted by the State Court who serve their sentences in entity prisons in accordance with the BiH Law on Execution of Criminal Sanctions may be confined for a maximum of ten days. Individual cases of repeated solitary confinement have been observed. In order to circumvent the maximum of 10 days of solitary confinement, prisoners, after serving this maximum period are immediately sent back into solitary confinement. It was alleged that those prisoners have allegedly committed a breach of the disciplinary rules on their way back from solitary confinement to their cell. In individual cases it was indicated that a “wrong look” or a “loud laugh” might bring one back into the isolation cell. 3. Means of restraint Overall, the use of means of restraint was not identified as problematic. Prisoners confirmed that handcuffs are used at times of dissolving physical violence among prisoners or when transferring prisoners to outside institutions or to isolation cells. The use of pepper spray, tear gas or other means of restraint occurs on an exceptional basis. In one case, a prisoner claimed to have been chained with handcuffs to a metal bar when in solitary confinement; such course of action, however, seems to constitute the exception. 1.1.1. Conclusions The overly frequent use of solitary confinement, use of repeated solitary confinement, and lack of appropriate process to impose sanctions were identified as key concerns. In addition, both complaint procedures and disciplinary procedures are not clearly understood by prisoners, and are in any case seen as ineffective. This situation is exacerbated by some prison staff, on occasion openly discouraging prisoners from using remedial action, and by not forwarding their requests to the relevant authority. Regarding the cases of ill-treatment committed by guards or fellow prisoners, they are usually not reported out of fear of reprisal. Coupled with this, it was found that some prison staff, by giving “friendly advice”, openly discourage prisoners from using remedial action and complaint procedures; they imply that that their usage may potentially have a detrimental effect to the complainant. It was additionally noted that the majority of prisoners were unaware of any disciplinary procedures conducted against prison staff or any outcomes thereto. An aura of impunity prevails whenever allegations of ill-treatment have been raised. 49 European Prison Rules, Rule 60.5. The maximum solitary confinement in RS is no longer 10 days – it was changed to also to 20 days pursuant to new Law on the Execution of Criminal Sanctions from February 2010. 50 17