Solitary confinement
The Rules uphold that solitary confinement shall be used only in exceptional cases
as a last resort, for as short a time as possible, subject to independent review, and
only pursuant to the authorisation by a competent authority. Rule 43 prohibits
indefinite solitary confinement, being seclusion in excess of 15 consecutive
days. Rule 45 provides solitary confinement should be prohibited in the case of
prisoners with mental or physical disabilities when their conditions would be
exacerbated by such measures. Rule 46 outlines the role of healthcare personnel
including paying particular attention to those in seclusion and report to the prison
director about any adverse effects of restrictive measures. They shall have the
authority to review and recommend changes to the involuntary separation of a
prisoner to ensure separation does not exacerbate the medical condition or mental
or physical disability of the prisoner. In accordance with rule 35, the detained
person must receive this information in plain language that he or she understands.
This information must additionally be provided to any legal representative of the
detained person.
Restraint
In regards to restraints, Rule 45 also prohibits the use of restraints as a sanction
for disciplinary offences. Rule 47 prohibits the use of chains, irons or other
instruments of restraint which are inherently degrading or painful. Other restraints
shall only be used as a precaution against escape during transfer or to prevent
a prisoner injuring themselves or other or damaging property and only if other
methods have failed. These can only be used by the direction of the prison director
and they shall immediately alert qualified health-care professionals and report to
the higher administrative authority. Under Rule 48 when restraints are used they
shall be the least intrusive method that is necessary and reasonably available
to control the prisoner’s movement and imposed only for the time required and
removed when the risk is no longer present. Instruments of restraint shall never be
used on women during labour, during childbirth, and immediately after childbirth.
Human rights standards designed for the protection of
specific groups and individuals
The numerous treaties, statements, and rules that cover solitary confinement
and restraints emphasis the serious nature of this practice and the very serious
negative effects it can have. The standards and rules need to be adhered to in
order to ensure the negative effects do not occur or are minimal. Recognising
the particular vulnerability of individuals belonging to certain groups, a number
of human rights standards specifically address the rights and needs of these
individuals, including children, women, and people with disabilities.
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