Solitary confinement under European human rights law

Abstract

Solitary confinement is an important tool in a prison’s arsenal to maintain order, security and to protect detainees against violence from other inmates. The use of solitary confinement has come a long way since when it was first introduced in the 1800s. Originally its use was created with good intentions, to both punish and rehabilitate criminals, but is now used as a means of control and security. Since its very early days however the medical community took note of the serious mental consequences that its use produces, especially when accompanied with degrading conditions of confinement.

As human rights were developed and gained ground during the 20th century, human rights standards and developing standards of decency were also extended into the prison environment, where numerous European and international guidelines and rules now provide for the minimum accepted standards for the treatment of prisoners, including those in solitary confinement. In Europe, the European Convention on Human Rights and the case law of European Court of Human Rights have created their own standards as to how prisoners should be treated, which also extend to those undergoing solitary confinement.

This thesis first seeks to discuss the different regimes of solitary confinement and its health effects. Then, Article 3 of the ECHR will be explained and examples are given of how ill-treatment in prison and in confinement can fall under Article 3, followed by a case law analysis before the ECtHR. The thesis will then focus on solitary confinement in Malta. Malta’s prison law provisions on solitary confinement will be analysed and recommendations made on how to better bring our law and practice better in line with European standards.