Solitary confinement
Solitary confinement is a form of imprisonment in which an incarcerated person lives in a single cell with little or no contact with other people. It is a punitive tool used within the prison system to discipline or separate incarcerated individuals who are considered to be security risks to other incarcerated individuals or prison staff, as well as those who violate facility rules or are deemed disruptive. However, it can also be used as protective custody for incarcerated individuals whose safety is threatened by other prisoners. This is employed to separate them from the general prison population and prevent injury or death.
A robust body of research has shown that solitary confinement has profound negative psychological, physical, and neurological effects on those who experience it, often lasting well beyond one's time in solitary. While corrections officials have stated that solitary confinement is a necessary tool for maintaining the safety and security of prisons and jails, numerous medical, mental health, and legal professional organizations have criticized the practice and hold the view that it should be sharply curtailed. Due to the negative connotation around the term "solitary confinement", alternative terms are now used interchangeably: administrative segregation, restrictive housing, and close management.
Nelson Mandela, the South African anti-apartheid activist, described solitary confinement as "the most forbidding aspect of prison life." Human rights experts have stated that prolonged solitary confinement may amount to torture, and the United Nations Standard Minimum Rules for the Treatment of Prisoners were revised in 2015 to prohibit placements in solitary for longer than 15 days.
History
The practice of solitary confinement in the United States traces its origins to the late 18th century, when Quakers in Pennsylvania used the method as a substitution for public punishments. Research surrounding the possible psychological and physiological effects of solitary dates back to the 1830s. When the new prison discipline of separate confinement was introduced at Eastern State Penitentiary as part of the "Pennsylvania" or separate system in 1829, commentators attributed the high rate 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."The Supreme Court of the United States made its first comment about the deleterious effects of solitary confinement in 1890, noting that the use of solitary led to reduced mental and physical capabilities. Records from Danish prisons between 1870 and 1920 indicate that individuals in solitary confinement there had also experienced signs of acute mental distress, including anxiety, paranoia, and hallucinations.
The use of solitary confinement increased greatly during the COVID-19 pandemic in response to the rising prevalence of the virus inside prisons and jails. Many correctional facilities were locked down for up to 23 hours a day, confining people in their cells with no programming, phone access, or human contact. In the United States alone, more than 300,000 incarcerated people were held in virus-related lockdowns during the early months of the pandemic.
Purpose
Extracting confessions
Solitary confinement is often used to induce a confession from a prisoner in pre-trial detention. This practice has been more common in Denmark and other Scandinavian countries in the twentieth and twenty-first centuries.Protective custody
Solitary confinement is used on incarcerated individuals when they are considered a danger to themselves or others. It is also used on individuals who are at high risk of being harmed by others, for example because they are transgender, have served as a witness to a crime, or have been convicted of crimes such as child molestation or abuse. This latter form of isolation is known as protective custody, and can be either voluntary or involuntary.Though proponents of solitary have often expressed the belief that solitary confinement promotes safety in correctional facilities, there is substantial evidence that points to the contrary. In 2002, the Commission on Safety and Abuse in America, chaired by John Joseph Gibbons and Nicholas Katzenbach, found that "the increasing use of high-security segregation is counter-productive, often causing violence inside facilities and contributing to recidivism after release."
Shira E. Gordon has argued that solitary confinement "has not come close to solving the very problem it was meant to reduce: prison violence." In support of this view, Gordon cites a 2012 study showing that the rate of violence in California prisons is 20 percent higher than it was in 1989, when California's first supermax prison opened. Gordon also cites the Northern District of California court in Toussaint v. McCarthy, which found that solitary confinement "increase rather than decrease antisocial tendencies among inmates" at Folsom and San Quentin State Prisons in California.
Punishment
Solitary confinement is also commonly used as punishment for those who have violated prison rules or committed other disciplinary infractions. The practice is the norm in super-maximum security prisons, where individuals who are deemed dangerous or high risk are held.Suppressing protest
Critics allege solitary confinement has been used to punish and suppress organizing, activism, and other political activities in prisons. In immigration detention centers, reports have surfaced that immigrant detainees are being placed in solitary to keep those knowledgeable about their rights away from other detainees. Individuals who go on hunger strike to protest poor conditions in immigration facilities are also frequently placed in solitary. Although immigration officials have claimed that their policy of isolating hunger strikers is for the protection of the detained person, medical and legal experts have pointed out that there is no medical basis behind the policy, and that, in the United States, it constitutes a violation of the detainee's First Amendment rights.Solitary confinement is similarly used as retaliation in prisons and jails, including against whistleblowers who raise awareness of inhumane conditions and jailhouse lawyers who assist others in litigating their rights. There have been further reports of people being placed in solitary based on their race, religion, or sexual orientation.
By country or region
Europe
While solitary confinement is less commonplace in Europe than in other parts of the world including the United States, it is still widely used in many European countries today.The European Court of Human Rights distinguishes between complete sensory isolation, total social isolation and relative social isolation 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, 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."
Iceland
has faced criticism for decades over its extensive use of pre-trial solitary confinement. A 2023 report by Amnesty International documented that 61 percent of pre-trial detainees had spent time in solitary confinement in 2021; of those detained that year, 57 percent were foreign nationals, a percentage far higher than the percentage of foreign nationals in Iceland.Italy
Italian prisoners subject to special surveillance 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 was used 7,889 times. 54 out of 85,509 prisoners held in England and Wales in 2015 were placed in solitary confinement cells in Close Supervision Centres, England and Wales' version of the US 'Supermax'.The use of solitary confinement on juveniles and children, as elsewhere, has been a subject of contention. Critics argue that, in the United Kingdom, the state has a duty to "set the highest standards of care" when it limits the liberties of children. Frances Crook is one of many to believe that incarceration and solitary confinement are the harshest forms of possible punishments and "should only be taken as a last resort". Because children are still mentally developing, Crook writes, incarceration should not encourage them to commit more violent crimes.
The penal system has been cited as failing to protect juveniles in custody. In the United Kingdom, 29 children died in penal custody between 1990 and 2006: "Some 41% of the children in custody were officially designated as being vulnerable". That is attributed to the fact that isolation and physical restraint are used as the first response to punish them for simple rule infractions. Moreover, Frances Crook argues that these punitive policies not only violate their basic rights but also leave the children mentally unstable and left with illnesses that are often ignored. Overall, the solitary confinement of youth is considered to be counterproductive because the "restrictive environment... and intense regulation of children" aggravates them, instead of addressing the issue of rehabilitation.
Solitary confinement is colloquially referred to in British English as "the block", "The Segregation Unit" or "the cooler".