- 14-Jun-2025
- Elder & Estate Planning law
The practice of solitary confinement, where an individual is isolated from others in a confined space for prolonged periods, is controversial and raises significant human rights concerns. When someone is extradited, the conditions of their detention in the receiving country—including whether they may be placed in solitary confinement—can come under scrutiny. International laws, including the United Nations' standards and regional human rights frameworks, prohibit the use of solitary confinement in certain circumstances, particularly when it leads to psychological harm or is used excessively. Extraditing countries must ensure that individuals are not subjected to inhumane or degrading treatment, and this includes the improper use of solitary confinement.
Under international law, specifically the United Nations Convention Against Torture (CAT) and the European Convention on Human Rights (ECHR), the use of solitary confinement is tightly regulated. Article 3 of CAT prohibits torture and cruel, inhuman, or degrading treatment, and this includes prolonged solitary confinement. Many international bodies consider solitary confinement for extended periods (usually beyond 15 days) to be a form of cruel punishment, especially if it affects the individual’s mental health.
The psychological impact of solitary confinement can be profound, leading to anxiety, depression, hallucinations, and even suicidal tendencies. If an extradited person is placed in solitary confinement for a prolonged period, this could be seen as a violation of their rights, especially if they are vulnerable or have pre-existing mental health conditions. Medical assessments and psychological evaluations are essential to determining whether solitary confinement would exacerbate the individual's condition.
Extraditing countries must ensure that the conditions of detention in the receiving country comply with international human rights standards. If the extradition country uses solitary confinement as a matter of routine or for punitive purposes, it could be argued that the individual is at risk of cruel or inhuman treatment. The UN Special Rapporteur on Torture has criticized solitary confinement as a form of psychological torture when used excessively or without proper justification.
International human rights law offers safeguards against the use of solitary confinement, particularly in the context of extradition. If the requesting country uses solitary confinement, the defending party may argue that this constitutes a violation of the individual's human rights. Courts may refuse extradition if there is a credible risk that the individual will face solitary confinement in conditions that are deemed cruel or disproportionate.
Some extradition treaties include specific provisions related to the treatment of the extradited individual, including the prohibition of solitary confinement. Countries may negotiate assurances that the individual will not face such conditions in the requesting country. If the country seeking extradition is known for frequent use of solitary confinement, these clauses may be invoked to protect the individual’s rights.
The UN Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules) emphasize that solitary confinement should not be used for more than 15 days, and it should never be used on individuals with mental health disorders or juveniles. These rules apply to individuals in custody, including those who are extradited.
The ECHR has ruled in several cases that prolonged solitary confinement amounts to inhumane or degrading treatment in violation of Article 3 of the European Convention on Human Rights. If a person is likely to face solitary confinement for an extended period in the requesting country, the extradition may be denied or postponed.
The IACHR has condemned the use of prolonged solitary confinement in the Americas and urged states to adopt policies that restrict its use. These rulings and recommendations can be used to challenge extradition requests that involve solitary confinement.
When an individual is at risk of being placed in solitary confinement, their legal team may request assurances from the requesting country that the individual will not face such conditions. This can include guarantees about the length of confinement, mental health care provisions, and humane conditions of detention.
The person’s legal team may also request an independent health assessment to evaluate whether solitary confinement would have a severe impact on their mental or physical health. If the assessment shows that solitary confinement would be detrimental, the legal team can argue against extradition.
Individuals facing extradition have the right to challenge the conditions of their potential detention, including the use of solitary confinement. Appeals can be made in national courts or through international human rights bodies if the conditions are deemed to violate human rights standards.
Suppose an individual is facing extradition from Canada to the United States for involvement in organized crime. The individual has a history of severe anxiety and depression, and their legal team learns that they may be placed in solitary confinement upon arrival in the U.S. prison system due to the nature of their charges.
Discover clear and detailed answers to common questions about public international law. Learn about procedures and more in straightforward language.
