A/66/268 right of any detainee to respect for his inherent dignity as a human being”. 17 The Court has additionally addressed physical conditions of detention, asserting that “isolation in a small cell, without ventilation or natural light, ... [and] restriction of visiting rights ..., constitute forms of cruel, inhuman and degrading treatment”. 18 38. The Court has additionally recognized that solitary confinement results in psychological and physical suffering that may contribute to treatment that constitutes torture. In at least one case, the Court has identified the physical conditions of solitary confinement, including “a small cell with no ventilation or natural light”, and a prison regime where a detained individual “is held for 23 and a half hours a day ..., [and] permitted to see his relatives only once a month, but could have no physical contact with them”, when coupled with other forms of physical and psychological aggression, in sum may constitute physical and psychological torture. 19 39. In its analysis of solitary confinement, the Court has noted that even when used in exceptional circumstances, procedural safeguards must be in place. For example, “the State is obliged to ensure that the detainee enjoys the minimum and non-derogable guarantees established in the [American] Convention and, specifically, the right to question the lawfulness of the detention and the guarantee of access to effective defense during his incarceration”. 20 Similarly, the Inter-American Commission on Human Rights has consistently held that all forms of disciplinary action taken against detained persons must comport with the norms of due process and provide opportunity for judicial review. 21 E. States’ rationale for the use of solitary confinement 40. The justifications provided by States for the use of solitary confinement fall into five general categories: (a) To punish an individual (as part of the judicially imposed sentence or as part of a disciplinary regime); (b) To protect vulnerable individuals; (c) To facilitate prison management of certain individuals; (d) To protect or promote national security; (e) To facilitate pre-charge or pretrial investigations. 41. The imposition of solitary confinement as a part of an individual’s judicially imposed sentence often arises in circumstances of particularly egregious crimes or __________________ 17 18 19 20 21 12 Velázquez-Rodríguez v. Honduras, Inter-American Court of Human Rights, Series C, No. 4, para. 156 (1988). Loayza-Tamayo v. Peru, Inter-American Court of Human Rights, Series C, No. 33, para. 58 (1997). Cantoral-Benavides v. Peru, Inter-American Court of Human Rights, Series C, No. 69, paras. 62 and 104 (2000). Suárez-Rosero v. Ecuador, Inter-American Court of Human Rights, Series C, No. 35, paras. 51-56 (1997). Inter-American Commission on Human Rights, Report on the Situation of Human Rights in Mexico (OEA/Ser.L/V/II.100), para. 254 (2008). 11-44570