A/66/268
juvenile and adult prison populations. 50 Regrettably, solitary confinement as a form
of punishment of juvenile detainees has been prevalent in States such as Jamaica
(A/HRC/16/52/Add.3, para. 211), Paraguay (A/HRC/7/3/Add.3, appendix I,
para. 46) and Papua New Guinea (A/HRC/16/52/Add.5, appendix). In regard to
disciplinary measures, a report has indicated that solitary confinement does not
reduce violence among juvenile offenders detained in the youth prison. 51
2.
Persons with disabilities
67. Persons with disabilities are held in solitary confinement in some jurisdictions
as a substitute for proper medical or psychiatric care or owing to the lack of other
institutional housing options. These individuals may not necessarily pose danger to
others or to themselves, but they are vulnerable to abuse and often regarded as a
disturbance to other prisoners and prison staff. 52
68. Research has shown that with respect to mental disabilities, solitary
confinement often results in severe exacerbation of a previously existing mental
condition. 53 Prisoners with mental health issues deteriorate dramatically in
isolation. 54 The adverse effects of solitary confinement are especially significant for
persons with serious mental health problems which are usually characterized by
psychotic symptoms and/or significant functional impairments. 55 Some engage in
extreme acts of self-mutilation and even suicide.54
3.
Lesbian, gay, bisexual and transgender
69. Lesbian, gay, bisexual and transgender individuals are often subjected to
solitary confinement as a form of “protective custody”. 56 Although segregation of
such individuals may be necessary for their safety, lesbian, gay, bisexual and
transgender status does not justify limitations on their social regime, e.g., access to
recreation, reading materials, legal counsel or medical doctors.
K.
When solitary confinement amounts to torture and other cruel,
inhuman or degrading treatment or punishment
70. Because of the absence of witnesses, solitary confinement increases the risk of
acts of torture and other cruel, inhuman or degrading treatment or punishment.
Given its severe adverse health effects, the use of solitary confinement itself can
amount to acts prohibited by article 7 of the International Covenant on Civil and
__________________
50
51
52
53
54
55
56
11-44570
Article 37(c), Convention on the Rights of the Child; article 8(d), United Nations Standard
Minimum Rules for the Treatment of Prisoners.
Robert Wildeboer, “The Impact of Solitary Confinement in a Youth Prison”, Inside and Out
(Chicago, 2010).
Shalev, op. cit., p. 26.
Stuart Grassian, “Psychiatric Effects of Solitary Confinement”; Shalev, op. cit., p. 10.
American Civil Liberties Union, “Abuse of the Human Rights of Prisoners in the United States:
Solitary Confinement” (2011).
Jeffrey L. Metzner, M.D., and Jamie Fellner, “Solitary Confinement and Mental Illness in U.S.
Prisons: A Challenge for Medical Ethics”, The Journal of the American Academy of Psychiatry
and the Law, vol. 38, No. 1, pp. 104-108 (2010).
Heartland Alliance National Immigrant Justice Center, letter to the Special Rapporteur on torture
dated 16 June 2011.
19
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