THE RIGHT TO HEALTH IN PRISON:
RESULTS OF A NATIONWIDE SURVEY AND REPORT
weekly basis. Death row inmates are also allowed to interact with other
prisoners and visit by lawyers”.
4.53 In a document entitled Principles and Best Practices on the Protection
of Persons Deprived of Liberty in the Americas,134 it is stated that
“solitary confinement shall only be permitted as a disposition of 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. In all cases, the disposition of
solitary confinement shall be authorized by the competent authority and
shall be subject to judicial control, since its prolonged, inappropriate or
unnecessary use would amount to acts of torture, or cruel, inhuman, or
degrading treatment or punishment (Principle XXII, No. 3: Measures of
solitary confinement).
4.54 In 2011, the United Nations Special Rapporteur on Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, Professor Juan Méndez,
called on all countries to ban the solitary confinement of prisoners except
in very exceptional circumstances and for as short a time as possible, with
an absolute prohibition in the case of juveniles and people with mental
disabilities. The Special Rapporteur opined that solitary confinement was
a harsh measure which was contrary to rehabilitation, the aim of the prison
system and that indefinite and prolonged solitary confinement in excess of
15 days should also be subject to an absolute prohibition.
4.55 The Commission observed that the lack of social contact and environmental
stimulation of death row prisoners may have resulted in extreme
psychological problems, such as increased violent tendencies. During a
particular visit, the Commission observed a female death row prisoner who
repeatedly hit her head against the cell door.
4.56 With regard to their cell conditions, the Commission observed the
following:
• Each prisoner occupied by day and night a cell by himself.
• The windows were not large enough to enable the prisoners to read
or work by natural light, and were not constructed to allow the
entrance of fresh air.
Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas (Approved by the
Commission during its 131st regular period of sessions, held from March 3-14, 2008) accessed via https://www.cidh.oas.
org/Basicos/English/Basic21.a.Principles%20and%20Best%20Practices%20PDL.htm on 19/2/2016.
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