Solitary Confinement: A Legal Analysis
Image source: Pexels.com
A person imprisoned in solitary confinement is kept apart from other people for 22 to 24 hours every day, possibly for weeks, months, or even years. In jails and detention facilities all throughout the world, it is applied as a preventive, disciplinary, or security tool. Is it legal, though? Is it morally right? Does it work? I’ll attempt to respond to these queries and offer my opinions on this contentious practice in this blog post.
What is solitary confinement’s legal standing?
There is no agreed-upon definition of solitary confinement, and the usage of it is governed by various laws and regulations in various nations. Nonetheless, a few international human rights agreements and organizations have tackled the matter and offered some principles and directives.
The United Nations
Solitary confinement is prohibited by a number of UN resolutions and declarations, including the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights, and the Universal Declaration of Human Rights. These declarations uphold everyone’s right to be free from torture and other cruel treatment, as well as their right to be treated with respect and dignity.
The Revised Standard Minimum Rules for the Treatment of Prisoners, or Nelson Mandela Rules, were adopted by the UN General Assembly in 2015 and offer more precise and comprehensive guidelines for the application of solitary confinement. These regulations describe solitary confinement as holding convicts for 22 hours or longer a day without providing them with meaningful human contact. Additionally, the guidelines specify that:
Solitary confinement need to be applied sparingly, as a last resort, for the shortest amount of time feasible, and after a thorough investigation.
A prisoner’s sentence shouldn’t result in solitary imprisonment.
It is inappropriate to place minors, expectant mothers, nursing moms, people with impairments, or those with mental health issues in solitary confinement. or issues related to physical health.
Solitary confinement for longer than fifteen days in a row is known as prolonged solitary confinement, and it ought to be outlawed since it is considered torture and other cruel, inhuman, or degrading punishment.
The human rights mechanisms at the regional level
The subject of solitary confinement has also been addressed by regional human rights institutions, such as the African Commission on Human and Peoples’ Rights, the European Court of Human Rights, and the Inter-American Court of Human Rights, which have also created some jurisprudence and rules on its use. In general, these systems have acknowledged that the use of solitary confinement, particularly when it is prolonged, arbitrary, or indefinite, may violate the right to humane treatment as well as the ban against torture and other types of ill-treatment.
Additionally, they have set some standards and protections for the application of solitary confinement, including:
the measure’s need, proportionality, and legality.
the availability of judicial supervision and efficient remedies.
the supply of sufficient material goods and medical attention.
the observance of the fundamental rights to a defense and due process.
the potential for social interaction and recovery initiatives.
What moral ramifications does solitary confinement have?
Solitary confinement raises ethical as well as legal concerns. It brings up some important issues regarding the worth and dignity of human life, the intent behind and parameters of punishment, and the obligations and liabilities of the state and society.
The effects on wellbeing and human dignity
A person deprives of the most fundamental human rights and needs, including social engagement, sensory stimulation, physical activity, cerebral stimulation, and personal autonomy, when placed in solitary confinement, an extreme and dehumanizing type of punishment. It can have severe, permanent impacts on a person’s emotional, mental, and physical well-being, including:
sadness, suicidal thoughts, hallucinations, anxiety, and paranoia.
cognitive decline, memory loss, and decreased brain activity.
persistent discomfort, immune system weakness, and insomnia.
hostility, violence, and self-harm.
A person’s sense of identity, self-worth, and morality, as well as their capacity for interpersonal communication and reintegration into society, can all be impacted by solitary confinement. It can undermine someone’s humanity and dignity and leave them feeling unworthy.
The intent behind and efficacy of punishment
Many times, solitary confinement is defended as an essential and successful means of upholding security and order in jails and detention facilities as well as of discouraging and treating offenders. These assertions are dubious and unsupported by data, nevertheless. Solitary confinement, however, may have the opposite effects, including the following:
increasing the likelihood of violence and disorder both within and outside of prison walls since solitary confinement can amplify inmates’ feelings of resentment and hostility towards staff members and the general public.
decreasing the likelihood of rehabilitation and reintegration since solitary confinement can deteriorate inmates’ social and cognitive abilities and increase their feelings of alienation and antisocial behavior.
failing to prevent crime and recidivism because solitary confinement can have no positive effect on inmates’ attitudes and behavior and increases their likelihood of committing crimes again after they are released.
The concepts and objectives of punishment, such as retribution, deterrence, rehabilitation, and restoration, may also run counter to solitary confinement. Due to the severe and disproportionate sentence compared to the seriousness of the offence and the offender’s circumstances, it can violate the proportionality principle. It could also go against the humane concept since it denies the offender’s capacity for reform and atonement while subjecting them to needless and unjustified pain and injury.
The accountability and duty of the government and the people
Individual rights and interests are not the primary considerations when it comes to collective values and obligations and solitary imprisonment. In addition to those who are excluded and marginalized from their community and culture, it reflects and influences how the state and society view and treat those who are in their custody and care.
Solitary confinement may be interpreted as a sign of disdain and indifference to the prisoners’ worth and welfare, as well as a lack of faith in their ability and desire to change and get better. It could also be a sign of a lack of accountability and responsibility for the reasons for crime, its effects, and its penalties. as well as a lack of dedication and originality in identifying different and more compassionate alternatives.
As it may promote a culture of violence, fear, and apathy and undercut the ideals of justice, compassion, and solidarity, solitary confinement may also have a detrimental effect on the moral and social fabric of the state and society. It might also undermine the rule of law, the division of powers, the checks and balances, and foster an environment of impunity and arbitrariness, which would be detrimental to the democratic and legal systems of the state and society.
What do I personally think about being kept in isolation?
I’ve concluded that solitary confinement should be outlawed or, at the at least, severely restricted and regulated since it is a harsh, inhumane, and degrading practice after carefully considering its legal and ethical implications. Solitary confinement, in my opinion, not only betrays the interests and ideals of the state and society, but also violates the human rights and dignity of inmates. As a kind of punishment, I think that solitary confinement is ineffectual and unproductive; it does not help to deter or lessen crime and violence. Solitary imprisonment, in my opinion, is an indication of weakness and failure. not of power and achievement, and that managing criminals and maintaining security and order in jails and detention facilities may be done in more effective and compassionate ways.
I hope this blog article has piqued your interest and encouraged critical thinking while providing you with some new viewpoints on the subject of solitary confinement. and I hope you’ll join me in pushing for changes to or abolition of solitary confinement. By working together, we can change the world and make it a safer and better environment for everyone.
0