A/66/268
Unit (SHU)”, 5 but all these terms can involve different factors. For the purposes of
this report, the Special Rapporteur defines solitary confinement as the physical and
social isolation of individuals who are confined to their cells for 22 to 24 hours a
day. Of particular concern to the Special Rapporteur is prolonged solitary
confinement, which he defines as any period of solitary confinement in excess of
15 days. He is aware of the arbitrary nature of the effort to establish a moment in
time which an already harmful regime becomes prolonged and therefore
unacceptably painful. He concludes that 15 days is the limit between “solitary
confinement” and “prolonged solitary confinement” because at that point, according
to the literature surveyed, some of the harmful psychological effects of isolation can
become irreversible. 6
D.
Legal framework
27. International and regional human rights bodies have taken different approaches
to address the underlying conditions of social and physical isolation of detainees,
and whether such practices constitute torture or cruel, inhuman or degrading
treatment or punishment. For example, while the European Court of Human Rights
has confronted solitary confinement regimes with regularity, the United Nations
Human Rights Committee and the Inter-American Court of Human Rights have
most extensively addressed the related phenomenon of incommunicado detention.
For the purposes of this report, the Special Rapporteur will highlight the work of
universal and regional human rights bodies on solitary confinement only.
1.
International level
General Assembly
28. In 1990, the General Assembly adopted resolution 45/111, the Basic Principles
for the Treatment of Prisoners. Principle 7 states that efforts to abolish solitary
confinement as a punishment, or to restrict its use, should be undertaken and
encouraged.
29. In the same year, the General Assembly adopted resolution 45/113, the United
Nations Rules for the Protection of Juveniles Deprived of their Liberty. In paragraph
67 the Assembly asserted that “All disciplinary measures constituting cruel,
inhuman or degrading treatment shall be strictly prohibited, including ... solitary
confinement or any other punishment that may compromise the physical or mental
health of the juvenile concerned”.
United Nations treaty bodies
30. The Human Rights Committee, in paragraph 6 of its General Comment No. 20,
noted that prolonged solitary confinement of the detained or imprisoned person
might amount to acts prohibited by article 7 of the International Covenant on Civil
__________________
5
6
11-44570
Ken Strutin, “Solitary Confinement”, LLRX.com, published on 10 August 2010.
Craig Haney, “Mental Health Issues in Long-Term Solitary and ‘Supermax’ Confinement, Crime
and Delinquency”, vol. 49, No. 1, pp. 124-156.
9