Omar Bennett
Solitary confinement is a widely used practice in prisons around the world, often employed to isolate prisoners from the general prison population. While there is no universally agreed-upon definition of solitary confinement, it typically refers to the physical isolation of individuals who are confined to their cells for most of the day, with minimal to no meaningful human interaction. This practice has been the subject of much debate, with concerns raised about its potential to constitute torture or cruel, inhuman, or degrading treatment. While solitary confinement can be justified in certain exceptional circumstances, its prolonged or indefinite use, especially on vulnerable individuals like juveniles, pregnant women, or those with mental or physical disabilities, is highly controversial and may result in severe psychological consequences.
| Characteristics | Values |
|---|---|
| Definition | There is no universally agreed definition, but solitary confinement is commonly understood to be the physical isolation of individuals confined to their cells for 22-24 hours a day, with minimal meaningful interaction with others. |
| Purpose | Used as a disciplinary punishment for convicted prisoners, to protect vulnerable prisoners, or to 'manage' certain individuals. |
| Use | Often used to isolate detainees during the pre-trial stage of an investigation, including as part of coercive interrogation. |
| Time Frame | Prolonged solitary confinement refers to solitary confinement for more than 15 consecutive days. |
| Vulnerable Groups | Solitary confinement must never be imposed on juveniles, people with mental or physical disabilities, pregnant or breastfeeding women, or mothers with young children. |
| LGBTQ+ Individuals | Placement in solitary confinement of LGBTQ+ individuals for their "protection" can constitute an infringement on the prohibition of torture and ill-treatment. |
| Alternative Phrases | Segregation, isolation, lockdown, super-max. |
| Concerns | Solitary confinement can increase the risk of torture or ill-treatment going unnoticed. It can also cause 'isolation syndrome', with symptoms including anxiety, depression, anger, cognitive disturbances, paranoia, psychosis, self-harm, and suicide. |
| Alternatives | Community monitoring, shock incarceration, probation, parole, house arrest, electronic monitoring, drug testing, therapeutic interventions, etc. |
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What You'll Learn
Placement of prisoners in dark or constantly lit cells
Solitary confinement, also known as segregation, isolation, separation, lockdown, or "the hole", is a form of confinement where prisoners are held alone in a separate cell for 22 to 24 hours a day, with minimal to no meaningful human interaction. Solitary confinement is considered a form of punishment for breaches of prison discipline, and it can also be used to protect vulnerable prisoners or manage specific individuals.
The placement of prisoners in dark or constantly lit cells is recognised as a form of solitary confinement and is prohibited by international human rights law and medical ethics. The World Medical Association (WMA) condemns any form of torture and other cruel, inhuman, or degrading treatment or punishment. The practice of placing prisoners in dark or constantly lit cells can cause serious psychological, psychiatric, and physiological effects, including insomnia, confusion, hallucinations, psychosis, and aggravation of pre-existing health problems. It is also associated with a high rate of suicidal behaviour.
The harmful effects of solitary confinement are well-documented, and there is a growing international consensus to abolish its use, especially on children and young people. The United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as the Mandela Rules, state that "restrictions or disciplinary sanctions must not amount to torture or other cruel, inhuman, or degrading treatment or punishment". This includes the prohibition of placing prisoners in dark or constantly lit cells, indefinite or prolonged solitary confinement, and collective punishment.
Prison authorities are responsible for taking preventive and corrective measures to avoid the use of solitary confinement. This includes the detailed classification of inmates, dynamic security, reallocation of cells, and the promotion of peaceful settlements of disputes. Solitary confinement may be required as a means of protection for detainees who are threatened due to their ethnic background, religion, political views, sexual orientation, or gender identity. However, their informed consent is always necessary.
The use of solitary confinement should be subject to strict provisions and only used in exceptional cases as a last resort. It should be reviewed independently and authorised by a competent authority. Prison conditions in solitary confinement should meet international standards, especially regarding cell size, access to light, toilets, fresh air, and the ability to exercise.
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Solitary confinement of juveniles
Solitary confinement, also referred to as segregation, isolation, lockdown, or super-max, is the physical isolation of individuals confined to their cells for 22 to 24 hours a day, with minimal human interaction. While there is no universal definition, it generally involves restricted family contact and minimal interaction with others. Solitary confinement has been a growing concern worldwide due to its excessive use in prisons, with an estimated 80,000-100,000 individuals held in some form of isolation in the United States alone.
National legislation in many countries permits the use of solitary confinement on children, with varying time frames ranging from days to months. However, the imposition of solitary confinement on juveniles has been widely criticised by human rights organisations and the United Nations. The practice is considered a form of cruel, inhuman, or degrading treatment, and it can amount to torture or ill-treatment, especially when used as punishment, during pre-trial detention, for prolonged periods, or on individuals with mental or physical disabilities.
The Juvenile Law Center is a leading advocate for the abolition of solitary confinement and other harsh conditions faced by youth in the justice system. They have filed lawsuits challenging the widespread use of solitary confinement, pepper spray, and the practice of restraining youth in detention facilities. The organisation aims to eliminate these practices, ensure the fair treatment of juveniles, and promote alternatives to incarceration.
Medical research has shown that solitary confinement can have severe negative impacts on mental health, leading to symptoms such as anxiety, depression, anger, cognitive disturbances, paranoia, psychosis, self-harm, and even suicide. These effects can be long-lasting and may persist even after the individual is released from confinement. The use of solitary confinement on juveniles is particularly concerning as it can interfere with normal child development and traumatise young individuals.
While solitary confinement may be justified in exceptional cases as a last resort, it should be used for the shortest time possible and subject to independent review and authorisation by a competent authority. The longer the confinement, the stronger the justification must be, and measures must be taken to ensure that it does not infringe on the prohibition of torture and ill-treatment.
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Coercive interrogation
One of the primary concerns surrounding coercive interrogation is its potential to elicit false confessions. Research has shown that coercive techniques can increase the likelihood of a suspect confessing to a crime, even if they are innocent. This can lead to wrongful convictions and serious miscarriages of justice. According to The Innocence Project, between 1989 and 2016, false confessions occurred in 31% of DNA-exonerated cases and 63% of DNA exonerations involving homicides.
There are several specific tactics that interrogators may employ during coercive interrogations. One such tactic is "minimization," where the interrogator downplays the seriousness of the offence and appeals to the suspect's ego to encourage a confession. Another tactic involves taking advantage of a suspect's vulnerabilities, such as mental disabilities, language barriers, or age. Interrogators may also use deceptive practices, such as lying about the evidence, to pressure suspects into confessing.
The use of coercive interrogation is particularly prevalent in the context of counter-terrorism and national security. In the "war on terror," for example, there have been numerous instances of suspects being detained and interrogated despite having no connection to terrorism. This raises serious ethical concerns about the potential harm inflicted on innocent individuals.
To address the issues associated with coercive interrogation, various reforms have been proposed. These include advocating for the right to counsel during interrogations, mandatory recording of custodial interrogations, and banning the use of deceptive practices. By implementing such measures, it is hoped that the risk of false confessions and wrongful convictions can be mitigated while still allowing for effective investigations.
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Prison staff's responsibility to prevent violence against LGBT detainees
Prison staff have a responsibility to prevent violence against LGBT detainees. Lesbian, gay, bisexual, and transgender detainees report higher rates of sexual, physical, and psychological violence in detention than the general prison population. This violence is perpetrated by police, other law enforcement authorities, prison staff, or other prisoners. LGBT detainees are also more likely to be placed in solitary confinement, which can constitute an infringement on the prohibition of torture and ill-treatment.
Prison staff should be provided with specific training on how to work with LGBT prisoners, including respectful language and professional behavior. They should also challenge sexist, homophobic, and transphobic attitudes and beliefs that allow sexual abuse to flourish. It is important to recognize that LGBT prisoners are at a higher risk of sexual abuse and harassment, and staff should take steps to protect them. This includes ensuring that anyone at risk of abuse is housed in areas where they will be safest and providing access to appropriate housing, health care, and clothing.
In addition, prison staff should improve systems for addressing assault when it occurs and enact and enforce non-discrimination policies. They should also be aware of the potential for solitary confinement to be used as a form of torture or ill-treatment and ensure that it is only used in very exceptional circumstances, as a last resort, for as short a time as possible, and with appropriate procedural safeguards in place.
Furthermore, prison staff should address the harmful attitudes that put LGBT people in danger. This includes recognizing that in men’s facilities, it is common for staff and prisoners to believe that gay men, transgender women, and anyone perceived as “feminine” are expected to be sexually abused. Similarly, in women’s prisons, lesbians and gender nonconforming women are singled out for staff sexual abuse and punishment. Prison staff should not blame LGBT victims for being sexually abused and should respond supportively to survivors who ask for help.
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Supervised release
The purpose of supervised release is to assist in the rehabilitation and reintegration of offenders into the community. Violations of the conditions of supervised release, such as drug use, failure to report to the probation officer, or committing a new crime, can result in revocation and the imposition of a new sentence, including a prison term. However, judges have discretion in their responses to violations, and not all violations result in a return to prison.
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Frequently asked questions
Confinement is the act of restricting a person to a penal institution, such as a jail or prison, to serve a sentence imposed by a court.
Solitary confinement is the physical isolation of individuals who are confined to their cells for 22 to 24 hours a day, with minimal meaningful interaction with others. Contact with family or visitors may be restricted or prohibited.
Solitary confinement may be used as a disciplinary punishment for convicted prisoners, to protect vulnerable prisoners, or to help prison staff manage certain individuals. It can also be used to isolate a detainee during the pre-trial stage of an investigation, including coercive interrogation.
Solitary confinement of any duration should never be imposed on juveniles, individuals with mental or physical disabilities, pregnant or breastfeeding women, or mothers with young children.
Supervised release, which is a period of court supervision following an offender's service of a federal prison sentence, does not constitute confinement as its primary purpose is to facilitate the defendant's reintegration into the community rather than punishment.
