process protections are often limited, as in administrative immigration
detention. Minimum procedural safeguards should be interpreted in a manner
that provides the greatest possible protection of the rights of detained
individuals.” [89]
Report of the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment, U.N. Doc. A/68/295 (9 August 2013)
(Juan Mendez)
• “Prison regimes of solitary confinement often cause mental and physical
suffering or humiliation that amounts to cruel, inhuman or degrading
treatment or punishment.” [60]
• “Solitary confinement should be imposed, if at all, in very exceptional
circumstances, as a last resort, for as short a time as possible and with
established safeguards in place after obtaining the authorization of the
competent authority subject to independent review.” [60]
Human Rights Committee, General Comment 20, Article 7 (Fortyfourth session, 1992) Compilation of General Comments and General
Recommendations Adopted by Human Rights Treaty Bodies, at 30, U.N. Doc.
HRI/GEN/1/Rev.1 (1994)
• “The Committee notes that prolonged solitary confinement of the detained
or imprisoned person may amount to acts prohibited by article 7. …” [6]
Human Rights standards for certain populations
Children and Youth
Report of the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment, Human Rights Council, U.N. Doc. A/
HRC/28/68 (5 March 2015) (Juan Mendez)
“In accordance with views of the Committee against Torture, the Subcommittee
on Prevention of Torture and the Committee on the Rights of the Child, the
Special Rapporteur is of the view that the imposition of solitary confinement, of
any duration, on children constitutes cruel, inhuman or degrading treatment or
punishment or even torture.” [44]
• “With regard to conditions during detention, the Special Rapporteur calls
upon all States: … (d) To prohibit solitary confinement of any duration and for
any purpose [for juveniles.]” [86(d)]
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