NationStates

Restricting Solitary Confinement

Category: Civil rights | Strength: Mild

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COGNIZANT that solitary confinement is often used to prevent a dangerous person from harming their companions;

SHOCKED at the devastating psychological effects of solitary confinement, such as suicidal tendencies, self-mutilation, hallucinations, psychosis, paranoia and hypersensitivity;

ASSERTING that solitary confinement is realistically unlikely to improve the behaviour of a person;

APPALLED that, despite the above, solitary confinement is used as a measure attempting to discipline prisoners;

The World Assembly hereby:

1. DEFINES “solitary confinement” as the involuntary confinement of any person without the ability to see or communicate with another person for a duration of time proven to cause problems in an otherwise healthy individual.
   
   
2. MANDATES that solitary confinement is illegal in all member nations, whether within a prison system or not, unless the person subject to solitary confinement is clearly likely to harm other people or be harmed by other people and there is no other reasonable way to prevent this occurring.
   
   
3. RULES that all member nations must provide or make available effective treatment or therapy for people with mental disorders or illnesses caused or exacerbated by solitary confinement.

Any thoughts? I'm not sure about the strength, and I don't know about the exception in clause 2; is it too vague and non-specific? I'd like to hear opinions, advice and criticisms, thanks

My first critique is that not every member state is on the irl 24 hour day here on earth some could be half that others longer then that so limiting the amount of hours one can put a prisoner in solitary is nada. Plus there's no method of enforcing this measure as well as no method of punishment for those who choose to disregard said resolution such as dictatorial regimes and the likes.

Gig em Aggies wrote:My first critique is that not every member state is on the irl 24 hour day here on earth some could be half that others longer then that so limiting the amount of hours one can put a prisoner in solitary is nada.

I could edit it to put "...for whichever is shorter out of eleven twelfths of a day or twenty-two hours a day", or something along those lines.

Gig em Aggies wrote:Plus there's no method of enforcing this measure as well as no method of punishment for those who choose to disregard said resolution such as dictatorial regimes and the likes.

So do you think I should establish a committee or you're just saying it can't be done?

Oh dear I just saw Tinfect's draft

Maowi wrote:

On Solitary Confinement

Category: Civil rights | Strength: Mild

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COGNIZANT that solitary confinement is often used to prevent a dangerous person from harming their companions;

SHOCKED at the devastating psychological effects of solitary confinement, such as suicidal tendencies, self-mutilation, hallucinations, psychosis, paranoia and hypersensitivity;

ASSERTING that solitary confinement is realistically unlikely to improve the behaviour of a person;

APPALLED that, despite the above, solitary confinement is used as a measure attempting to discipline prisoners;

The World Assembly hereby:

1. DEFINES “solitary confinement” as the confinement of any person for 22 hours or more a day without meaningful human contact.
   
   
2. MANDATES that solitary confinement is illegal in all member nations, whether within a prison system or not, unless the person subject to solitary confinement is clearly likely to harm other people and there is no other reasonable way to prevent them doing so.
   
   
3. RULES that all member nations must provide effective treatment or therapy for people with mental disorders or illnesses caused by solitary confinement.

“Any thoughts? I'm not sure about the strength, and I don't know about the exception in clause 2; is it too vague and non-specific? I'd like to hear opinions, advice and criticisms, thanks

Correct me if I’m wrong, but wouldn’t this fall under GAR#9, The Prevention of Torture? In it, it details the illegalities of psychological torture, which I believe it is undeniable that Solitary Confinement is.”

Morover wrote:Correct me if I’m wrong, but wouldn’t this fall under GAR#9, The Prevention of Torture? In it, it details the illegalities of psychological torture, which I believe it is undeniable that Solitary Confinement is.”

Possibly, I guess I'll just have to get GenSec's opinion, but I think you could argue that it is simply done "for the safety of the other prisoners", in which case this would be actually useful.

Gig em Aggies wrote:Plus there's no method of enforcing this measure as well as no method of punishment for those who choose to disregard said resolution such as dictatorial regimes and the likes.

I believe there is still the compliance act, or whatever it is called. Most resolutions don't actually list their own punishments because doing so is fundamentally just a waste of space.

OOC:

What about solitary confinement to prevent self-harm?

The New Nordic Union wrote:OOC:

What about solitary confinement to prevent self-harm?

Solitary confinement increases self harm rates. I don't see how being isolated would stop you harming yourself, it just increases depression and psychosis.

“Remove the ‘human’ in clause 1, since it makes any non-human species always have solitary confinement whenever anyone is imprisoned.”

Kenmoria wrote:“Remove the ‘human’ in clause 1, since it makes any non-human species always have solitary confinement whenever anyone is imprisoned.”

Thanks for spotting that, I'll fix it now

Good and concise. I like.

“I am liking this draft; it is short and concise, without the extreme of Imperium Anglorum’s level of brevity. I would, however, like the insertion of ‘or make available’ after ‘provide’, in clause 3, to allow for subcontraction.”

It's written fine, but the Nation of Hatzisland is still opposed. We just believe that we reserve the right to hold our criminals in solitary confinement for information purposes. It is not a decision taken lightly, but has proven necessary in many cases where we have captured terrorists.

Edit: I know my opinion is being ignored, but I would just like to reaffirm: if you grant an exemption for national security information, we will support. If not, we will oppose.

"A brief but solid proposal, Ambassador. At the moment my Empress has instructed me to abstain from supporting or opposing this proposal, as the Imperial Order does apply solitary confinement as a punitive and deterrent measure, rather than a rehabilitatory one (as, from available evidence, we agree that solitary confinement does not seem to improve behaviour). We will monitor the outcome of this proposal and implement changes where needed."

Iciaros wrote:"A brief but solid proposal, Ambassador. At the moment my Empress has instructed me to abstain from supporting or opposing this proposal, as the Imperial Order does apply solitary confinement as a punitive and deterrent measure, rather than a rehabilitatory one (as, from available evidence, we agree that solitary confinement does not seem to improve behaviour). We will monitor the outcome of this proposal and implement changes where needed."

"There is never a reason to hold a person imprisoned aside from rehabilitation. Punishment doesn't cut it."

Kenmoria wrote:“I am liking this draft; it is short and concise, without the extreme of Imperium Anglorum’s level of brevity. I would, however, like the insertion of ‘or make available’ after ‘provide’, in clause 3, to allow for subcontraction.”

Again, a good point. I'll put that in.

Greater vakolicci haven wrote:

Iciaros wrote:"A brief but solid proposal, Ambassador. At the moment my Empress has instructed me to abstain from supporting or opposing this proposal, as the Imperial Order does apply solitary confinement as a punitive and deterrent measure, rather than a rehabilitatory one (as, from available evidence, we agree that solitary confinement does not seem to improve behaviour). We will monitor the outcome of this proposal and implement changes where needed."

"There is never a reason to hold a person imprisoned aside from rehabilitation. Punishment doesn't cut it."

Exactly. There are ways of punishing and disciplining people without driving them to insanity and self harm.

Maowi wrote:

Greater vakolicci haven wrote:"There is never a reason to hold a person imprisoned aside from rehabilitation. Punishment doesn't cut it."

Exactly. There are ways of punishing and disciplining people without driving them to insanity and self harm.

"I would not presume to uphold our practices as morally superior, Ambassadors, but it is what it is. The Empress likes to think that threats of insanity and self-harm are effective deterrents. Our scholars are examining the literature around the data we have at hand, and perhaps in time I may be able to convince her to do away with it. Until then, solitary confinement is only exercised where sanctioned by royal decree, and never ex post facto."

Araraukar wrote:"What of protective solitary confinement when done to protect the individual from others?"

Clause 2 would allow the solitary confinement of the people said individual would need protection from, so I don't think it's necessary to add in an exception for that too, right?

Maowi wrote:

Araraukar wrote:"What of protective solitary confinement when done to protect the individual from others?"

Clause 2 would allow the solitary confinement of the people said individual would need protection from, so I don't think it's necessary to add in an exception for that too, right?

OOC: Yeah, but if we're talking about someone who raped little babies before eating them or something awful like that, if the rest of the prison population wants them dead, it's more cost-effective to put one person into solitary than everyone else.

I think the inverse should be included too, since isolation from others for protection (also think of if a rival gang wants a person dead for killing one of their number on the outside) is at least as important (that is, unless you're fine with letting mob justice happen) as isolating a violent and dangerous criminal to protect others from them.

Araraukar wrote:

Maowi wrote:Clause 2 would allow the solitary confinement of the people said individual would need protection from, so I don't think it's necessary to add in an exception for that too, right?

OOC: Yeah, but if we're talking about someone who raped little babies before eating them or something awful like that, if the rest of the prison population wants them dead, it's more cost-effective to put one person into solitary than everyone else.

I think the inverse should be included too, since isolation from others for protection (also think of if a rival gang wants a person dead for killing one of their number on the outside) is at least as important (that is, unless you're fine with letting mob justice happen) as isolating a violent and dangerous criminal to protect others from them.

You make a good point, but is it not highly unlikely that every single person in the whole rest of the prison wants to kill them? I just want to prevent someone being completely isolated in solitary confinement "for their protection" when it's really not necessary ... although I guess I could just put the same provision as I put for isolating someone who's a threat to others.
On that topic, is that exception in clause 2 too subjective?

"I'm in support. It's quick and right to the point. In the past solitary confinement has been used to skirt around 'torture', since as this debate may show, there are plenty of excuses you could some up with as to why its 'necessary' to keep someone alone in a cage for years at a time. It's the Ratpissian people's belief none of these will ever be good enough."

Why stop at Solitary Confinement? Grug hate confinement.
While there is a lower tribe, Grug is in it.
While there is a berry stealer element, Grug is of it.
While there is a soul in prison cave, Grug is not free.

Grug Island wrote:Why stop at Solitary Confinement? Grug hate confinement.
While there is a lower tribe, Grug is in it.
While there is a berry stealer element, Grug is of it.
While there is a soul in prison cave, Grug is not free.

OOC:
This is wonderful, please never stop. You're the best thing in the GA in months.