Placement in solitary confinement is the most severe disciplinary sanction in prison.
Therefore, the procedure and conditions, including the violation for which it may be applied, must be clearly stated in law. Although it is not entirely forbidden under human rights, the use of solitary confinement as a punishment is discouraged, even if it is imposed for a very short time.
Reasons
You may only be placed in solitary confinement for a serious or repeated breach of the internal rules of the prison.
Length and procedure
According to Bulgarian law, you can be sentenced to a maximum of 14 days in solitary confinement, if you are an adult, and a maximum of 3 days – if you are a juvenile prisoner. The length of your placement in solitary confinement can be prolonged to a maximum of 20 days only if you have to serve two or more such penalties.
The procedure for imposing solitary confinement must be followed very strictly. Read more about disciplinary proceedings.
Safeguards
As solitary confinement may cause additional physical and mental distress, the monitoring of your condition, including your physical and mental health, must be more diligent. If you are sick, the execution of the penalty can be postponed until your recovery. For the period of your isolation you should be visited by a doctor each business day.
Restrictions and conditions in solitary confinement
Your communication with friends, family, lawyer and state institutions may not be restricted while you are in solitary confinement. You can take reading materials with you but you are not allowed to receive food parcels during visits.
The general rules relating to physical conditions in the the cell, hygiene requirements and food must be also be observed in solitary confinement. Read more about conditions.
What human rights violation may there be?
Right to a fair trial
Your placement in solitary confinement is comparable, in its seriousness, to a deprivation of liberty. Therefore, you are entitled to the guarantee of a right to a fair trial in disciplinary proceedings involving solitary confinement. Depending on the nature of the violation, a failure to observe the procedure for applying solitary confinement may lead to a violation of your right to a fair trial.
example If you are placed in solitary confinement for 15 days without an opportunity to defend yourself and present your arguments, your right to a fair trial will be violated.
Private and family life
Undue placement in solitary confinement can also violate your right to a private and family life.
example If you have been prevented you from meeting your family members or writing to your friends as a result of unlawful placement in solitary confinement, it may violate your right to family or private life.
Prohibition against inhumane or degrading treatment
If placement in solitary confinement has caused you severe mental or physical suffering, it may lead to a violation of your right not to be treated in an inhumane or degrading way. However, for it to be considered inhuman or degrading treatment or even torture, the effect of the solitary confinement on your physical and mental condition has to be sufficiently severe. Read more about how to evaluate whether your rights have been violated.