DIHR Research on Solitary Confinement
Danish research leads to UN recommendations on solitary confinement
DIHR research on solitary confinement has left a clear imprint on the latest report from the UN Special Rapporteur on torture. The report urges all States to prohibit the imposition of solitary confinement as punishment and abolish the use of solitary confinement for juveniles.
Juan E. Méndez, the UN Special Rapporteur on torture, recently said that solitary confinement should be banned by States "as a punishment or extortion technique". According to Mr Méndez, solitary confinement should be used "only in very exceptional circumstances, as a last resort, for as short a time as possible".
Furthermore, States should abolish the use of solitary confinement for juveniles and persons with mental disabilities.
Peter Scharff Smith, a Senior Researcher at the Danish Institute for Human Rights (DIHR), and his research on solitary confinement are quoted several times in the new UN report. He considers Mr Méndez's recommendations a very strong signal to all States:
- The report from Mr Méndez pursues the agenda set by Manfred Nowak, the former UN expert who highlighted many of the problems and effects associated with the use of solitary confinement. Indeed, the new UN recommendations are even stronger. It is a clear signal to all States that the use of solitary confinement is too widespread and should be minimised.
He also pointed out that the Council of Europe Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), too, recently recommended that States should work towards a reduction of the use of solitary confinement.
In 2007, on the initiative of Mr Smith, the so-called Istanbul Statement was adopted and signed by numerous internationally recognised experts. Together they described solitary confinement as a practice having significant adverse effects that may constitute degrading and inhuman treatment. Accordingly, in some cases solitary confinement may violate several international conventions, including the European Convention on Human Rights and the UN Convention Against Torture.
The new UN report from Mr Méndez refers directly to the Istanbul Statement on the Use and Effects of Solitary Confinement, which is described by Mr Méndez as a tool that all States should refer to in their efforts to protect the rights of detainees.
Denmark should reconsider
The Istanbul Statement was to a large extent based on DIHR research, and in that sense the Danish research has laid the groundwork for the current UN recommendations to all member States.
- It's encouraging that the Istanbul Statement has had such impact because solitary confinement is certainly a dangerous practice. We know that solitary confinement may cause psychological problems, mental illness, hallucinations, anxiety, depression and in some cases insanity, says the Danish researcher.
In a Danish context, Mr Smith has repeatedly advocated that the Danish government should reconsider its use of solitary confinement:
- The Danish use of solitary confinement during pre-trial detention has decreased significantly in recent years, but we see the opposite trend when it comes to the use of administrative isolation and solitary confinement imposed as disciplinary punishment in prisons. With the recent recommendations from both the UN and the Council of Europe in mind, the Danish authorities should reconsider their use of solitary confinement.
Juan E. Méndez, the UN Special Rapporteur on torture, recently said that solitary confinement should be banned by States "as a punishment or extortion technique". According to Mr Méndez, solitary confinement should be used "only in very exceptional circumstances, as a last resort, for as short a time as possible".
Furthermore, States should abolish the use of solitary confinement for juveniles and persons with mental disabilities.
Peter Scharff Smith, a Senior Researcher at the Danish Institute for Human Rights (DIHR), and his research on solitary confinement are quoted several times in the new UN report. He considers Mr Méndez's recommendations a very strong signal to all States:
- The report from Mr Méndez pursues the agenda set by Manfred Nowak, the former UN expert who highlighted many of the problems and effects associated with the use of solitary confinement. Indeed, the new UN recommendations are even stronger. It is a clear signal to all States that the use of solitary confinement is too widespread and should be minimised.
He also pointed out that the Council of Europe Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), too, recently recommended that States should work towards a reduction of the use of solitary confinement.
In 2007, on the initiative of Mr Smith, the so-called Istanbul Statement was adopted and signed by numerous internationally recognised experts. Together they described solitary confinement as a practice having significant adverse effects that may constitute degrading and inhuman treatment. Accordingly, in some cases solitary confinement may violate several international conventions, including the European Convention on Human Rights and the UN Convention Against Torture.
The new UN report from Mr Méndez refers directly to the Istanbul Statement on the Use and Effects of Solitary Confinement, which is described by Mr Méndez as a tool that all States should refer to in their efforts to protect the rights of detainees.
Denmark should reconsider
The Istanbul Statement was to a large extent based on DIHR research, and in that sense the Danish research has laid the groundwork for the current UN recommendations to all member States.
- It's encouraging that the Istanbul Statement has had such impact because solitary confinement is certainly a dangerous practice. We know that solitary confinement may cause psychological problems, mental illness, hallucinations, anxiety, depression and in some cases insanity, says the Danish researcher.
In a Danish context, Mr Smith has repeatedly advocated that the Danish government should reconsider its use of solitary confinement:
- The Danish use of solitary confinement during pre-trial detention has decreased significantly in recent years, but we see the opposite trend when it comes to the use of administrative isolation and solitary confinement imposed as disciplinary punishment in prisons. With the recent recommendations from both the UN and the Council of Europe in mind, the Danish authorities should reconsider their use of solitary confinement.