A/66/268
(articles 21 on exercise and sport; 37-39 on contact with the outside world; 40 on
books; 41 and 42 on religion; 71-76 on work; 77 and 78 on education and
recreation; and 79-81 on social relations and after-care).
3.
Social isolation
54. Solitary confinement reduces meaningful social contact to an absolute
minimum. The level of social stimulus that results is insufficient for the individual
to remain in a reasonable state of mental health. 33
55. Research shows that deprived of a sufficient level of social stimulation,
individuals soon become incapable of maintaining an adequate state of alertness and
attention to their environment. Indeed, even a few days of solitary confinement will
shift an individual’s brain activity towards an abnormal pattern characteristic of
stupor and delirium. 34 Advancements in new technologies have made it possible to
achieve indirect supervision and keep individuals under close surveillance with
almost no human interaction. The European Court of Human Rights has recognized
that “complete sensory isolation, coupled with total social isolation, can destroy the
personality and constitutes a form of inhuman treatment which cannot be justified
by the requirements of security or any other reason”. 35
56. According to the European Court of Human Rights, States should also take
steps to reduce the negative impact of solitary confinement. 36 Where the damaging
effects of solitary confinement on a particular individual are known, the regime
cannot continue. 37 The conditions of confinement are relevant in this respect,
because where conditions are beyond reproach, the Court considers it unlikely that
the minimum threshold of severity to find a violation of article 3 will be reached. 38
Routine examination by doctors can be a factor in determining that there was no
violation of article 3. 39
G.
Prolonged or indefinite solitary confinement
57. The use of prolonged or indefinite solitary confinement has increased in
various jurisdictions, especially in the context of the “war on terror” and “a threat to
national security”. Individuals subjected to either of these practices are in a sense in
a prison within a prison and thus suffer an extreme form of anxiety and exclusion,
which clearly supersede normal imprisonment. Owing to their isolation, prisoners
held in prolonged or indefinite solitary confinement can easily slip out of sight of
__________________
33
34
35
36
37
38
39
16
Peter Scharff Smith, “The effects of solitary confinement on prison inmates”, Crime and Justice,
vol. 34 (2006), p. 449.
Stuart Grassian, “Psychiatric Effects of Solitary Confinement”, Journal of Law and Policy,
vol. 22 (2006), p. 325.
Ilaşcu and others v. Moldova and Russia, Application No. 48787/99, European Court of Human
Rights (2004), para. 432.
Mathew v. Netherlands, Application No. 24919/03, para. 202.
G.B. v. Bulgaria, para. 85.
Valasinas v. Lithuania, Application No. 44558/98, European Court of Human Rights, para. 112
(2001); Ocalan v. Turkey, para. 193.
Rohde v. Denmark, para. 97.
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