Disciplinary Segregation

Solitary confinement is a form of imprisonment in which the inmate lives in a single cell with little or no meaningful contact with other people. A prison may enforce stricter measures to control contraband on a solitary prisoner and use additional security equipment in comparison to the general population. Solitary confinement is a punitive tool within the prison system to discipline or separate disruptive prison inmates who are security risks to other inmates, the prison staff, or the prison itself. However, solitary confinement is also used to protect inmates whose safety is threatened by other inmates by separating them from the general population.

In a 2017 review, "a robust scientific literature has established the negative psychological effects of solitary confinement", leading to "an emerging consensus among correctional as well as professional, mental health, legal, and human rights organizations to drastically limit the use of solitary confinement." The United Nations General Assembly Standard Minimum Rules for the Treatment of Prisoners were revised in 2015 to extend restrictions on solitary confinement exceeding 15 days.

History

The practice of solitary confinement in the United States traces its origins back to the 19th century when Quakers in Pennsylvania used this method as a substitution for public punishments. Research surrounding the possible psychological and physiological effects of solitary confinement dates back to the 1830s. When the new prison discipline of separate confinement was introduced at the Eastern State Penitentiary as part of the "Pennsylvania" or separate system in Philadelphia in 1829, commentators attributed the high rates of mental breakdown to the system of isolating prisoners in their cells. Charles Dickens, who visited the Philadelphia Penitentiary during his travels to America, described the "slow and daily tampering with the mysteries of the brain to be immeasurably worse than any torture of the body". Prison records from the Denmark institute in 1870 to 1920 indicate that staff noticed inmates were exhibiting signs of mental illnesses while in isolation, revealing that the persistent problem has been around for decades.

In the twentieth century, Scandinavian countries such as Denmark have extensively used solitary confinement for prisoners in pretrial detention with the stated goal of preventing them from interfering in the investigation. Norwegian mass murderer Anders Breivik was held in solitary confinement, partly to protect him from other inmates. However, his complaint was partially upheld by the European Court of Human Rights in 2016.

The first comment by the Supreme Court of the United States about solitary confinement's effect on prisoner mental status was made in 1890 (In re Medley 134 U.S. 160). In it the court found that the use of solitary confinement produced reduced mental and physical capabilities.

The use of solitary confinement increased greatly during the COVID-19 pandemic in order to avoid spread of the virus in prisons.

Use

The practice is used when a prisoner is considered dangerous to themselves or to others, is suspected of organizing or being engaged in illegal activities outside of the prison, or, as in the case of a prisoner such as a child molester or a witness, is at a high risk of being harmed by other inmates. The latter example is a form of protective custody. Solitary confinement is also commonly used as a form of punishment for violation of prison rules or other disciplinary infractions by an inmate. Solitary confinement is the norm in supermax prisons, where prisoners who are deemed dangerous or of high risk are held.

By country or region

Europe

Solitary confinement as a disciplinary measure for prisoners in Europe was largely reduced or eliminated during the twentieth century. However, solitary confinement is still widely used across Europe for a variety of reasons.

The European Court of Human Rights distinguishes between complete sensory isolation, total social isolation and relative social isolation, citing ''Ramirez Sanchez v. France'' (ECHR 59450/00) sec. 136. and notes that "complete sensory isolation, coupled with total social isolation can destroy the personality and constitutes a form of inhuman treatment which cannot be justified by the requirements of security or any other reason. On the other hand, the prohibition of contacts with other prisoners for security, disciplinary or protective reasons does not in itself amount to inhuman treatment or punishment."

The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, or CPT, defines solitary confinement as "whenever a prisoner is ordered to be held separately from other prisoners, for example, as a result of court decision, as a disciplinary sanction imposed within the prison system, as a preventive administrative measure or for the protection of the prisoner concerned". The CPT "considers that solitary confinement should only be imposed in exceptional circumstances, as a last resort and for the shortest possible time".

Italian prisoners subject to special surveillance ("''14-bis'' regime") may be in de-facto solitary confinement. A person sentenced to multiple life sentences in Italy may be required by the Minister of Justice to serve a period of between 6 months to years in the "''41-bis'' regime" of solitary confinement, subject to extension and review.

United Kingdom

In 2015, segregation (solitary confinement) was used 7,889 times.England and Wales