Placement in solitary confinement is the most severe disciplinary sanction in prison. Therefore, the procedure and conditions, including the violation for which it may be applied, must be clearly stated in law. Although it is not entirely forbidden under human rights, the use of solitary confinement as a punishment is discouraged, even if it is imposed for a very short time.
Reasons
You may only be placed in solitary confinement for a serious or repeated breach of the internal rules of the prison.
Length and procedure
According to Slovak law, you can be sentenced to a maximum of 14 days in solitary confinement. The length of your placement in solitary confinement cannot be automatically prolonged. An additional term of solitary confinement can only be imposed after:
- you have committed another serious violation of the prison rules; and
- an additional proper disciplinary process has been undertaken regarding that violation.
Maximum length of continuous solitary confinement imposed for different offences is 21 days. It must be interrupted at least for 10 days.
The procedure for imposing solitary confinement must be followed very strictly. Read more about disciplinary proceedings.
Safeguards
Before being placed in solitary confinement, you must be examined by a doctor to verify whether your medical condition allows you to be placed in isolation. As solitary confinement may cause additional physical and mental distress, the monitoring of your condition, including your physical and mental health, must be more diligent. A doctor must examine you every 3 days in solitary confinement.
According to Slovak law, pregnant women and mothers with new-born babies up to one year of age cannot serve a prison sentence. It must be interrupted. Therefore no pregnant women may be placed in solitary confinement.
Juveniles (persons between 14 and 18 years of age) must not be placed in solitary confinement.
Restrictions and conditions in solitary confinement
Your communication with friends and family may be restricted while you are in solitary confinement. However, you must be allowed to contact your lawyer and state institutions. You must also be allowed to take religious literature and a book for general reading with you.
The general rules relating to physical conditions in the cell, hygiene requirements and food must be also be observed in solitary confinement. Read more about conditions.
What human rights violation may there be?
Right to a fair trial
Your placement in solitary confinement is comparable, in its seriousness, to a deprivation of liberty. Therefore, you are entitled to the guarantee of a right to a fair trial in disciplinary proceedings involving solitary confinement. Depending on the nature of the violation, a failure to observe the procedure for applying solitary confinement may lead to a violation of your right to a fair trial.
example If you are placed in solitary confinement for 14 days without an opportunity to defend yourself and present your arguments, your right to a fair trial will be violated.
Private and family life
Undue placement in solitary confinement can also violate your right to a private and family life.
example If you have been prevented you from meeting your family members or writing to your friends as a result of unlawful placement in solitary confinement, it may violate your right to family or private life.
Prohibition against inhumane or degrading treatment
If placement in solitary confinement has caused you severe mental or physical suffering, it may lead to a violation of your right not to be treated in an inhumane or degrading way. However, for it to be considered inhuman or degrading treatment or even torture, the effect of the solitary confinement on your physical and mental condition has to be sufficiently severe. Read more about how to evaluate whether your rights have been violated.