Strasbourg, 10.11.2011 – In its annual report, which was published today, the European
Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment (CPT) urges States to minimise the use of solitary confinement of
prisoners. This measure should be applied only in exceptional circumstances and
for the shortest possible period of time.
"Solitary confinement can have an extremely damaging effect on the
physical, mental and social health of prisoners, and that damage is likely to
increase the longer the measure lasts and the more indeterminate it is. An
indicator is that the suicide rate of prisoners under this regime is higher
than that among the rest of the prison population. This practice raises serious
issues with regard to the prohibition of torture and inhuman or degrading
treatment”, said Lətif Hüseynov, President of the CPT.
In most countries courts can order that a person remanded in custody be
held for a certain period in solitary confinement in the interests of a
criminal investigation. These decisions should be made in open court, through a
fully reasoned judgment, be separately appealable and be reviewed on a frequent
basis. The CPT considers that solitary confinement should never be imposed as
part of a court´s sentence, which is still possible in some countries.
Solitary confinement can also be used as a disciplinary sanction. The trend in
Europe is towards lowering the maximum period for which it can be imposed for
this purpose. The CPT considers that the maximum possible period of solitary
confinement as a punishment should be no higher than 14 days, and preferably
lower.
Solitary confinement for preventive purposes of prisoners considered to be
especially dangerous is of particular concern. It is potentially the longest
lasting type of solitary confinement and in practice often the one with the
fewest safeguards. The Committee emphasises that this measure must be subject
to stringent controls, so that it is not used too readily, extensively or for
too long. The safeguards in place must include a detailed review procedure and
a right of appeal to an independent authority.
In the report the CPT also calls on states to guarantee the right to access
to a lawyer from the very outset of a person’s deprivation of liberty,
irrespective of the category of the alleged offence. The CPT acknowledges that
it may be exceptionally necessary to delay for a certain period of time a
detained person’s access to a lawyer of his choice, but emphasises that this
should not result in the right of access to a lawyer being totally denied;
arrangements should be in place for the appointment of a replacement lawyer in
such cases.
During the period covered by its 21st annual report - between August 2010
and July 2011 – the CPT made 14 visits to examine the treatment of persons held
in a broad range of institutions throughout Europe. The 21st General Report on
the CPT's activities is available at http://www.cpt.coe.int/en/docsannual.htm
For more information on the CPT: www.cpt.coe.int
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