Solitary Confinement and Isolation
Legal Framework
Solitary confinement is generally defined as isolation in a cell that lasts at
least 22 hours per day, while prolonged solitary confinement is considered
to be isolation of this nature that lasts for more than 15 consecutive days.188
Solitary confinement and isolation are among the most extreme methods
regularly used globally against detainees in prisons and are therefore
carefully regulated by international law. The Standard Minimum Rules for the
Treatment of Prisoners, adopted by the UN in 1955, declared that solitary
confinement could only be appropriate in exceptional circumstances,189 while
in 1990, the UNGA called for solitary confinement to be abolished or used as
sparingly as possible.190 The precise conditions in which solitary confinement
could be considered legal were further clarified in the revised version of the
Standard Minimum Rules for the Treatment of Prisoners (Rules) that was
adopted in 2015, which holds that; “Solitary confinement shall be used only in
exceptional cases as a last resort, for as short a time as possible and subject to
independent review, and only pursuant to the authorization by a competent
authority.”191 However, the Rules prohibit the use of solitary confinement
completely against prisoners with disabilities, women and children, and
denounce prolonged confinement.192 It should also be noted that a general
prohibition on solitary confinement has been called for by numerous bodies.
The UN Committee Against Torture and the UN Human Rights Committee,
for example, consider solitary confinement as an act of cruel, inhuman, and
degrading type of punishment and therefore its practice is in violation of the
United Nations Convention Against Torture and Other Cruel, Inhuman, or
Degrading Treatment or Punishment (CAT) and the ICCPR.193
188 UN Secretary General, Note on Torture and other cruel, inhuman or degrading treatment or
punishment, A/66/268, 5 August 2011
189 Elizabeth Vasiliades, Solitary Confinement and International Human Rights: Why the U.S.
Prison System Fails Global Standards, American University International Law Review, Volume
21, Article 5, 2005. Available at: http://digitalcommons.wcl.american.edu/cgi/viewcontent.
cgi?article=1045&context=auilr
190 Basic Principles for the Treatment of Prisoners, adopted and proclaimed by the UNGA resolution A/
RES/45/111, 14 December 1990, para. 7
191 United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules),
resolution adopted by the General Assembly 70/175, 17 December 2015, rule 45 (1)
192 Ibid., rule 45 (2)
193 Sharon Shalev, A Sourcebook on solitary confinement, Mannheim Centre for Criminology, 2008.
Available at: http://solitaryconfinement.org/uploads/sourcebook_web.pdf; Adalah, Physicians
for Human Rights Israel and Al Mezan, Solidarity Confinement of Prisoners and Detainees in Israeli
Prisons, June 2011. Available at: https://www.adalah.org/uploads/oldfiles/upfiles/2011/Solitary_
confinement_position_paper_English.pdf
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