Mandela Rules on solitary confinement

The UN Standard Minimum Rules for the Treatment of Prisoners 2015 (known as the ‘Mandela Rules’) provide international minimum standards for the treatment of people in prison.

The Commissioner’s Requirements and Deputy Commissioner’s Instructions say that when prison staff are making a decision about separation, they must consider these rules.

The Mandela Rules has specific rules about solitary confinement. The Rules define solitary confinement as “confinement of prisoners for 22 hours or more a day without meaningful human contact”.

The rules about solitary confinement are:

Rule 37: The use of solitary confinement or segregation (whether for disciplinary sanction or to maintain good order and security in the prison) must be lawful. This means it must not be used for any reason outside what the law allows.

Rule 43: Restrictions or disciplinary sanctions must not amount to torture or cruel, inhuman or degrading treatment or punishment (for more information on what this means, click here. This rule prohibits indefinite solitary confinement and prolonged solitary confinement (for more than 15 days).

Rule 45:

• Solitary confinement should only be used:
  • In exceptional circumstances as a last resort
  • For a short a time as possible
  • Only when there are independent reviews
  • Only when authorised by a proper authority
• Solitary confinement should be prohibited for a person who has mental or physical disabilities when confinement would exacerbate or make their conditions worse
• Solitary confinement should not be used at all for women and children