Interpretation of rights on solitary confinement, seclusion and restraint by united nations treaty bodies and special rapporteurs Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, U.N. Doc. A/63/175 Annex (28 July 2008) (Manfred Nowak) • “The use of solitary confinement should be absolutely prohibited in the following circumstances: ˚˚ For death row and life-sentenced prisoners by virtue of their sentence. ˚˚ For mentally ill prisoners. ˚˚ For children under the age of 18.” • “Furthermore, when isolation regimes are intentionally used to apply psychological pressure on prisoners, such practices become coercive and should be absolutely prohibited.” • “As a general principle solitary confinement should only be used in very exceptional cases, for as short a time as possible and only as a last resort.” Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, U.N. Doc. A/66/268 (5 August 2011) (Juan Mendez) • “… the social isolation and sensory deprivation that is imposed by some States does, in some circumstances, amount to cruel, inhuman and degrading treatment and even torture.” [20] • “…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… because at that point, according to the literature surveyed, some of the harmful psychological effects of isolation can become irreversible.” • “…the longer the duration of solitary confinement or the greater the uncertainty regarding the length of time, the greater the risk of serious and irreparable harm to the inmate that may constitute cruel, inhuman or degrading treatment or punishment or even torture.” [58] • “Solitary confinement, when used for the purpose of punishment, cannot be justified for any reason, precisely because it imposes severe mental pain and suffering beyond any reasonable retribution for criminal behaviour and 62