Restriction of solitary confinement in the light of the ban of tortures

The primary international legal documents related to the treatment of convicts reflect legislative prohibition on torture, violence and other cruel or degrading human dignity treatment of convicts. Solitary treatment is the most common type of such measures, containing elements of concepts like "inhuman treatment" and "degrading treatment". A special place in its regulation is taken by the Nelson Mandela Rules adopted in 2015, the most significant novels of which were definitions of the concepts of "solitary confinement" and "long solitary confinement". A comparative analysis of the provisions of international standards in the field of solitary confinement makes it possible to identify six elements (requirements) that form an international legal approach to this concept. The notion of "solitary confinement as a measure of disciplinary action" in Russia is most consistent with the placement of the convicted person in the punishment isolation cell. The grounds and the procedure for applying this type of recovery generally meet the requirements of international legal approach. Russian criminal enforcement legislation covers four legal grounds for transferring prisoners to solitary confinement. Depending on the purpose of the transfer to solitary confinement, the disciplinary goal and goal of ensuring security (physical, medical, psychological) are distinguished. Further, solitary confinement (maintenance) is divided into types depending on its duration and repetition: prolonged, indefinite and repeated. Using as a criterion influence on the actual condition of a convict (prisoner) is divided into three types of solitary confinement: improving, not affecting ("neutral") and aggravating the actual condition of a convict. Russian legislation generally meets the requirements of international legal approach to solitary confinement.At the same time, the institution of solitary confinement(maintenance) as a means (element) of providing the regime (order) in the penal system institutions needs to be improved, including by implementing international legal approach. Primarily, it is necessary to fix in the Penal Enforcement Code of the Russian Federation both the very definition of "solitary confinement" and its signs, and the mechanism for implementing this measure. Furthermore, it is expedient to determine the criteria for transfer to solitary confinement (maintenance). There is also a need for regulation of the procedure for dealing with suspects, accused or convicted, who by their behavior suggest that they can harm themselves or others, as well as the procedure of "self-isolation".

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