142
The reduction in stimuli is not only quantitative but also qualitative. The
available stimuli and the occasional social contacts are seldom freely
chosen, are generally monotonous, and are often not empathetic. 472
Pursuant to this technical document, generally speaking, solitary confinement is used in
four circumstances: (a) as disciplinary punishment; (b) to isolate a defendant during
criminal investigations (linked to a general status of being incommunicado); 473 (c) as an
administrative measure to control particular groups of inmates; 474 and (d) as a court‐
imposed sentence. This last category may include cases in which the law prescribes that
either all or part of a sentence must be served in solitary confinement. 475 Solitary
confinement can also be used in certain circumstances as part of medical or psychiatric
treatment.
398.
In practice, isolation or segregation of inmates is usually also used as a
measure of protection; for example, in order to protect inmates from assaults by other
inmates (for a wide variety of reasons) or from potential retaliation by the guards
themselves. In these instances, the State must make sure that this measure is not used as a
subtle form of punishment against inmates who have filed complaints against the prison
authorities. In any case, a measure of this nature cannot be the only response to a risky
situation, which clearly calls for further prevention measures and responses.
472
Istanbul Statement on the Use and Effects of Solitary Confinement, adopted on 9 December 2007.
The Rapporteur on Torture of the UN stresses that this document aims to promote the application of established
human rights standards to the use of solitary confinement and create new rules based on the latest research.
United Nations, Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Interim report submitted to the General Assembly in accordance with Assembly resolution 62/148, A/63/175,
adopted on July 28, 2008, Ch. IV: Solitary confinement, para. 84.
473
Solitary confinement and “incommunicado detention” are situations of different nature, although in
some cases both can be used concurrently on the same person.
474
For example, in Honduras, the authorities launched the so‐called "Project Scorpio" to put in solitary
confinement certain inmates considered dangerous, and not necessarily as a disciplinary mechanism. On this
matter, see e.g., United Nations, Working Group on Arbitrary Detentions, Report on mission to Honduras,
A/HRC/4/40/Add.4, adopted on December 1, 2006, para. 65; See also, IACHR, Public hearing: Situation of the
Persons Deprived of Liberty in Honduras, 124° Ordinary Period of Sessions, requested by: State of Honduras,
Center for Justice and International Law (CEJIL), Comité para la Defensa de los Derechos Humanos en Honduras
(CODEH), Comité de Familiares de Detenidos y Desaparecidos de Honduras (COFADEH) and Centro para la
Prevención, Tratamiento y Rehabilitación de las Víctimas de Tortura (CPTRT). March 7, 2006. In this regard, see
the report: Situación del Sistema Penitenciario en Honduras, drafted by CPTRT and COFADEH, p. 14, presented in
the said hearing available at: http://www.cptrt.org/pdf/informesistemapenitenciarioCIDH.pdf.
475
This is the case with the execution of the sentence for crimes of terrorism and treason in Peru
established by Decree Law No. 25475 which Article 20 (later reprinted by Article 3 of Decree Law No. 25744)
which established that the imprisonment set forth in the decree law had to be completed in its entirety, (This rule
was in force until the approval of the Supreme Decree No. 005‐97‐JUS of June 24, 1997). The Inter American Court
in its jurisprudence on Peru stated that the criminal enforcement regime constituted cruel, inhuman and
degrading treatment in terms of Article 5 of the American Convention. I/A Court H. R., Case of García Asto and
Ramírez Rojas V. Peru. Judgment of November 25, 2005. Series C No. 137, paras. 229 and 233; I/A Court H. R.,
Case of Lori Berenson Mejía V. Peru. Judgment of November 25, 2004. Series C No. 119, paras. 106‐108; I/A Court
H.R., Case of Cantoral Benavides V. Peru. Judgment of August 18, 2000. Series C No. 69, paras. 58 and 106.
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