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Summary

Background
Solitary confinement in a security cell is among the most intrusive measures that may be used against prisoners. The measure is intended to be used only in very serious situations.
Based on visits to 13 prisons in 2023–2025, this thematic report examines the risks of violating the prohibition against torture and inhuman or degrading treatment when prisoners are placed in a security cell.


The physical design of security cells
A security cell is a naked concrete cell containing only a plastic mattress and a hole in the floor that serves as a toilet. The cell deprives prisoners of almost all personal
autonomy and sensory input and puts them in humiliating situations. They must use the toilet without any form of privacy, they cannot maintain basic hygiene, and in many cases food and drink are passed to them through a hatch at floor level. The acoustics and lighting make conversation and sleep difficult. In this report the Parliamentary Ombud concludes that the way the cells are designed constitutes a risk of violating the prohibition against inhuman or degrading treatment.


Security cell decisions are upheld for too long
Few placements in a security cell lasted less than 24 hours. In seven of the prisons, several prisoners remained in a security cell for three days or more. The longest placement lasted 13 days. The report concludes that many prisoners remain in a security cell longer than the law permits. All prisons assessed too infrequently whether the placement could be ended, and the reasoning provided was often seriously inadequate.
Many prisoners placed in a security cell are particularly vulnerable to the harms of isolation. This includes prisoners
with mental health challenges, intellectual disabilities, trauma, suicide risk, or young age. In four prisons, a large majority of security cell decisions were based on suicide attempts, self-harm, or statements about wanting to take one’s own life. Some were placed directly in a security cell after being saved from a suicide attempt. Security cell placements lasting several days or imposed on young prisoners or on prisoners with suicide risk or mental health challenges, entail a high risk of violating the prohibition against inhuman or degrading treatment.

Use of disproportionate force
The report highlights particularly concerning treatment of some prisoners. This included prisoners who had spent many days in a security cell, cases where handcuffs and pepper spray were used inside the cell, and
incidents where prisoners were deprived of a mattress for several days. The Ombud concludes that these cases appear to constitute violations of the prohibition
against inhuman or degrading treatment.


Need for measures to prevent placement
in security cells

The report identifies shortcomings in the prisons’ knowledge of the legal framework, in conflict prevention, and in the care of prisoners in crisis who are particularly vulnerable to the harms of isolation. It also points to weaknesses in how prisons learn from previous incidents.
One of the prisons had, over an extended period, succeeded in reducing the use of security cells to a very low level. This reduction resulted from various measures introduced
by the prison that changed how staff responded to prisoners who acted out or harmed themselves.