IntroductionIsolation cells (sometimes referred to as solitary confinement or segregation cells and here used interchangeably) are used to remove specific individuals from the general prison population in order to prevent them causing harm to others or disruption to the general good order and discipline of the prison, and for their own protection or as punishment for a disciplinary offense.A number of international instruments, bodies and rulings have determined that the prolonged solitary confinement of detained individuals may constitute an act of torture or cruel, inhuman or degrading treatment or punishment as prohibited by Articles 7 and 10 of the ICCPR.64 The European Court of Human Rights hasdetermined that “[c]omplete sensory isolation, coupled with total social isolation…constitutes a form of inhuman treatment which cannot be justified by the requirements of security or any other reason”.65 Moreover, forms of solitary confinement that do not constitute complete sensory isolation may also constitute cruel, inhuman or degrading treatment or punishment.66While the SMRs prohibit punishment by confinement in a dark cell,67 there is no explicit prohibition onsolitary confinement. However, solitary confinement is permitted only as a “last resort and for a strictly limited time, when it is evident that it is necessary to ensure legitimate interests relating to the institution’s internal security, and to protect fundamental rights, such as the right to life and integrity of persons deprived of liberty or the personnel.”68 According to the Special Rapporteur of the Human Rights Council on torture and other cruel, inhuman or degrading treatment or punishment, 15 days is the uppermost limit of permissible solitary confinement, “because at that point…some of the harmful psychological effects of isolation can become irreversible.”69
The inclusion of isolation cells in the design of the prison should be justified by the risk profile of the prisoners, and not assumed as a matter of course. Especially in low security prisons, isolation cells may not be necessary. In the case of children, persons with intellectual or psychological disabilities, pregnant women, breastfeeding mothers, and women with infants, the use of solitary confinement is strictly prohibited.70
As a final note, it is important that isolation cells are not considered part of the overall prison capacity. A prison with regular housing units for 490 prisoners and 10 isolation cells can accommodate 490 and not 500 prisoners. In this way, if a prisoner is removed from the general population of the prison and placed in isolation, his cell will remain available to return to as soon as possible.
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