45 7. The primary aspect of investigation: segregation of persons deprived of their liberty at the place of detention Solitary confinement is present, in one form or another, in every penitentiary system.86 In the penitentiary system, the term “solitary confinement” means whenever a prisoner is ordered to be held separately from other prisoners, for example, as a result of a court decision, as a disciplinary sanction imposed by the prison system, as a preventative administrative measure for the protection of the prisoner concerned.87 During the visits in 2015, I found that the persons deprived of their liberty are segregated for a shorter or longer period, during which they may not communicate either with the outside world or their fellow inmates, not only in the penitentiary system but also in places of detention of other types. Segregation of persons already deprived of their liberty results in a further restriction of their already restricted rights, a kind of “detention within detention.” Since these further restrictions originate not from the fact of detention itself, the fundamental rules of their application have to be regulated in an Act.88 The visits’ experiences raise the suspicion that the practices of segregating persons deprived of their liberty are not always in compliance with the requirements of lawfulness, necessity, proportionality, and accountability, the conditions of placement are not on par with the minimum requirements set for the given type of place of detention.89 86 87 88 89 See CPT/Inf (2011) 28, Clause 53. See CPT/Inf (2011) 28, Clause 54. According to Article I, Paragraph (3) of the Fundamental Law, “rules for fundamental rights and obligations shall be laid down in an Act. A fundamental right may only be restricted to allow the effective use of another fundamental right or to protect a constitutional value, to the extent absolutely necessary, proportionate to the objective pursued and with full respect for the essential content of such fundamental right.” See CPT/Inf (2011) 28, Clause 58.