[DRAFT] Ban on Extended Solitary Confinement

[El Fiji Grande]

Ban on Extended Solitary Confinement
Category: Civil Rights | Strength: Mild

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The World Assembly,

Recognizing the severe psychological harm that results from even short-term isolation in solitary confinement, making prisoners more vulnerable to serious mental conditions and disorders,

Asserting that long-term solitary confinement for the purpose of disciplinary action against dangerous prisoners is ineffective if not counterproductive, in that such prisoners experience adverse behavioral effects, including poor impulse control, hostility, irritability, and rage,

Concerned that solitary confinement does not offer any form of substantive rehabilitation, especially as individuals who have served under solitary confinement have higher recidivism rates,

Referencing the scientific evidence that condemns usage of long-term solitary confinement as punitive, disciplinary, or protective measures,

Convinced that use of solitary confinement is inhumane, barbaric, and degrading treatment amounting to torture,

Hereby declares that:
I. Solitary confinement be defined as the confinement of an individual in a location completely isolated from contact with other individuals, with the exception of prison guards.

II. A non-violent criminal is defined as an individual who did not use force or injure any other individuals when they committed the crime they were convicted for.

III. No non-violent criminal shall be made to suffer through solitary confinement of any period.

IV. Juvenile individuals shall not be made to suffer through solitary confinement of any period.

V. Mentally ill individuals shall not be made to suffer through solitary confinement of any period.

VI. No other criminal shall be made to suffer through solitary confinement lasting for more than 15 days.

VII. Extradition to jurisdictions not compliant with the terms of this resolution shall be forbidden in the absence of credible assurance that said terms be enforced with regard to the individual(s) extradited.

VIII. Any persons currently under solitary confinement be released into the standard prison population or into protective custody, unless said solitary confinement follows the rules outlined in this resolution.

Urges member states to ban the practice in its entirety, even for violent criminals.

Anticipated Questions:
Q: Shouldn’t dangerous prisoners be separated from the general prison population?
A: Solitary confinement does nothing to address the deeper problems that cause prisoners to be dangerous. Damage done by solitary confinement is deep and permanent, and prisoners often come out of solitary more irritable, hostile, and prone to impulsive decisions than they were before. Additionally, solitary confinement has never been shown to make prisons safer. In fact, in several state prison systems in the US, significantly lowering the usage of solitary confinement made prisons less violent.
Source: https://scholarship.law.upenn.edu/cgi/v ... text=jlasc

Q: What about prisoners who might be at risk from the general prison population, including high-profile convicts, sexual predators, pregnant women, snitches, and LGBTQ+ individuals?
A: Solitary confinement is not the only type of prison segregation. Protective Custody was established for this precise reason, and is not always solitary in nature.

Q: The proposal considers solitary confinement to be inhumane, amounting to torture. Why?
A: Solitary confinement limits prisoners to a small cell, and deprives them of human contact and sensory experiences. There is a diverse body of research that shows that prisoners in solitary confinement experience severe behavioral, cognitive, emotional, physiological, psychological, and psychosis-related symptoms. This includes increased anxiety, paranoia, claustrophobia, hallucinations, hopelessness, withdrawal, crippling depression, high blood pressure, chronic headaches, heart palpitations, extreme dizziness, and suicidal thoughts. Prisoners are more likely to come out of isolation with mental disorders such as bipolar disorder and schizophrenia.
Source: https://steinhardt.nyu.edu/appsych/opus ... g/corcoran

Q: Is there any precedent for such a proposal?
A: Yes. The United Nations considers solitary confinement of more than 15 days to be torture. The US Department of Justice conducted a review on the usage of solitary confinement and restrictive housing in general and recommended that solitary only be used as a last resort, and that periods in isolation be vastly shortened. In Maine, Colorado, and Mississippi, prison systems have chosen to significantly decrease usage of solitary confinement. This proposal notes that studies have found solitary confinement of even short periods to be extremely damaging, and advocates for a ban on the practice in its entirety.
Sources:
https://news.un.org/en/story/2011/10/39 ... xpert-says
https://www.justice.gov/archives/dag/re ... ve-housing

[Kenmoria]

“One issue I can see is that the definition of solitary confinement includes a specific time frame ‘23-24 hours per day’ but clause II states ‘any length of time’.”

[Imperium Anglorum]

In before orcs say banning solitary confinement will destroy their nations or some ridiculous melodrama like that.

[El Fiji Grande]

“One issue I can see is that the definition of solitary confinement includes a specific time frame ‘23-24 hours per day’ but clause II states ‘any length of time’.”

No contradiction was intended, though I can see how that could be an issue with interpretation. What was meant by 'any length of time' is that no prisoner can be subjected to solitary confinement whatsoever. The '23-24 hours per day' is an example of the conditions typically faced while under solitary.

[Kenmoria]

“One issue I can see is that the definition of solitary confinement includes a specific time frame ‘23-24 hours per day’ but clause II states ‘any length of time’.”

No contradiction was intended, though I can see how that could be an issue with interpretation. What was meant by 'any length of time' is that no prisoner can be subjected to solitary confinement whatsoever. The '23-24 hours per day' is an example of the conditions typically faced while under solitary.

In that case, the mandate is much too broad. Any length of time would include isolating a prisoner for a few minutes while there are riots taking place, which isn’t clearly justified behaviour.

[Kiravian WA Mission]

"We would consider supporting this proposal if it allowed some sort of exception, however limited and conditional, for emergencies, medical quarantine, or unusual circumstances, and for the detention of persons such as organised crime or terrorist leaders who have demonstrated a great ability to continue issuing orders while in prison and for whom human contact must be heavily restricted in order to protect others.

Furthermore, we have some concerns about the third operative clause: 'No nation may extradite individuals to other nations where they may be forced into solitary confinement'. This is fine in principle, but in order for it to be implemented effectively, the proposal should include additional details about what this would mean in practice. Would it bar WA members from extraditing any individual to any nation that practices solitary confinement at all? Or would it only apply if the specific individual in question could reasonably expect to be placed in solitary confinement once extradited? Would extradition be permitted if the receiving nation makes formal assurances that the individual will not be placed in solitary confinement, as is often the case with nations that restrict extradition to countries practicing capital punishment?"

[El Fiji Grande]

No contradiction was intended, though I can see how that could be an issue with interpretation. What was meant by 'any length of time' is that no prisoner can be subjected to solitary confinement whatsoever. The '23-24 hours per day' is an example of the conditions typically faced while under solitary.

In that case, the mandate is much too broad. Any length of time would include isolating a prisoner for a few minutes while there are riots taking place, which isn’t clearly justified behaviour.

I disagree. Placing a prisoner in protective or separated custody would do the job. That said, I think this does need clarification.

[Likar]

The Likari Government supports the idea, but needs some major revisions.

[El Fiji Grande]

The Likari Government supports the idea, but needs some major revisions.

What revisions would you propose?

[Likar]

The Likari Government supports the idea, but needs some major revisions.

What revisions would you propose?

Though solitary confinement is used in our nation, it is used for less then 5 hours at a time, because we try a scandanavian style approach. What about allow a maximum of.. 5 hours for the entire sentence, or at a time?

[El Fiji Grande]

"We would consider supporting this proposal if it allowed some sort of exception, however limited and conditional, for emergencies, medical quarantine, or unusual circumstances, and for the detention of persons such as organised crime or terrorist leaders who have demonstrated a great ability to continue issuing orders while in prison and for whom human contact must be heavily restricted in order to protect others.

Furthermore, we have some concerns about the third operative clause: 'No nation may extradite individuals to other nations where they may be forced into solitary confinement'. This is fine in principle, but in order for it to be implemented effectively, the proposal should include additional details about what this would mean in practice. Would it bar WA members from extraditing any individual to any nation that practices solitary confinement at all? Or would it only apply if the specific individual in question could reasonably expect to be placed in solitary confinement once extradited? Would extradition be permitted if the receiving nation makes formal assurances that the individual will not be placed in solitary confinement, as is often the case with nations that restrict extradition to countries practicing capital punishment?"

Your point about the extradition clause is a good one, and will be corrected. Emergencies, medical quarantine, unusual circumstances can all be properly taken care of in protective custody or in onsite health care provided by prison facilities. Additionally, I will not modify the proposal to grant exceptions to organized crime or terrorist leaders, as the effects of solitary confinement are well-documented and border on torture. No one deserves torture.

[El Fiji Grande]

What revisions would you propose?

Though solitary confinement is used in our nation, it is used for less then 5 hours at a time, because we try a scandanavian style approach. What about allow a maximum of.. 5 hours for the entire sentence, or at a time?

While this sounds reasonable, I don't want to add language to the proposal that easily lets loopholes enter the system for nations that wish to effectively permanently imprison convicts in solitary.

Modifying clause II to instead say "II. No person shall be made to suffer through any length of time more than one day at a time in solitary confinement" would allow nations to imprison every other day. That's still a vast improvement, but over a lifetime, that amounts to individuals spending a vast amount of time in solitary, which is precisely what this resolution seeks to prevent.

[Arasi Luvasa]

"Perhaps putting an allowed time within a larger framework. Say five hours maximum a day, with no more the twenty hour a week and no more than sixty hours a year. Added to this, there should be at least thirty-six hours between periods of solitary confinement."

[El Fiji Grande]

"Perhaps putting an allowed time within a larger framework. Say five hours maximum a day, with no more the twenty hour a week and no more than sixty hours a year. Added to this, there should be at least thirty-six hours between periods of solitary confinement."

That does sound reasonable. What would you say to the argument that those requirements seem arbitrary?

[Likar]

"Perhaps putting an allowed time within a larger framework. Say five hours maximum a day, with no more the twenty hour a week and no more than sixty hours a year. Added to this, there should be at least thirty-six hours between periods of solitary confinement."

That does sound reasonable. What would you say to the argument that those requirements seem arbitrary?

Seems great.

[Arasi Luvasa]

"Perhaps putting an allowed time within a larger framework. Say five hours maximum a day, with no more the twenty hour a week and no more than sixty hours a year. Added to this, there should be at least thirty-six hours between periods of solitary confinement."

That does sound reasonable. What would you say to the argument that those requirements seem arbitrary?

My examples were primarily arbitrary. You do however have some research, I would suggest using that as an argument. IC try just referencing analysis of data.

[El Fiji Grande]

That does sound reasonable. What would you say to the argument that those requirements seem arbitrary?

My examples were primarily arbitrary. You do however have some research, I would suggest using that as an argument. IC try just referencing analysis of data.

Added.

[Quantipapa]

There are some WA members that should be in solitary confinement for an extended period of time, but that's just my preference, and precisely why this needs to be managed by the law and not me. So yes, ban extended solitary confinement.

[West Phoenicia]

Mandates that solitary confinement cells provide reading material, as well as paper and a pencil.

solitary confinememt is a punishment for bad behaviour. Leaving a pencil in their cell can resort to saferty issues for correction officers or medical staff who visit them. This than becomes a union problem when staff strike due to safety and prisoners will than have to stay in their cells to the strike is over.
They are in solitary confinement for a reason, more than likely for violence against another prisoner or a staff member.
This clause places the lives of Prison staff in danger when you make it a mandate.

Also forcing nations to allow solitary confinement only up to 5 hours per day, could be seen as mental abuse. Prisoners are placed in their cells at night to sleep. This clause would either have them woken up during sleep time to let out which could be seen as harmful to their sleep pattern and a form of abuse if done on a prolonged basis.

We will not become a nanny state. This bill needs to be tossed in its rightful place... the trash

[Caracasus]

I would reccomend at the very least replacing the reading material and pen and paper part as it assumes a level of literacy that may not be present and such equipment could theoretically be used as a weapon. Perhaps mandate that prisoners be allowed some recourse to entertainment appropriate to their security risk and literacy levels.

[Kenmoria]

“Comments in this colour.”

Ban on Extended Solitary Confinement
Category: Civil Rights | Strength: Mild

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The World Assembly,

Recognizing the severe psychological harm that results from even short-term isolation in solitary confinement, making prisoners more vulnerable to serious mental conditions and disorders,

Asserting that long-term solitary confinement for the purpose of disciplinary action against dangerous prisoners is ineffective if not counterproductive, in that such prisoners experience adverse behavioral effects, including poor impulse control, hostility, irritability, and rage,

Concerned that solitary confinement does not offer any form of substantive rehabilitation, especially as individuals who have served under solitary confinement have higher recidivism rates,

Referencing the large body of scientific literature that condemns usage of long-term solitary confinement as punitive, disciplinary, or protective measures,

Convinced that use of solitary confinement is inhumane, barbaric, and degrading treatment amounting to torture; Why the semicolon at the end of this? Your preambulatory clauses should end with the same finishing punctuation.

Hereby declares that:
I. Solitary confinement be defined as the confinement of an individual in a location completely isolated from human contact, typically in a closed cell for 23-24 hours per day; There’s nothing wrong with recording changes to your draft, but putting striking in your current draft makes it harder to read.

II. No person shall be made to suffer through any length of time in extensive solitary confinement, and poses the following restrictions: This sentence doesn’t quite make sense. I suggest the following: “II. No person shall be made to suffer through extensive solitary confinement, which may only be used in accordance with the following conditions:”.

1. Solitary confinement is restricted to five hours maximum per day, with no more than twenty hours per week, and no more than sixty hours per year. There must be at least 36 hours between periods of solitary confinement. I fully agreee with this.
2. Solitary confinement is allowed only as a last resort in emergencies, lock-downs, or unusual circumstances;
3. Mandates that solitary confinement cells provide reading material, as well as paper and a pencil. Pencils are sharp and potentially very dangerous. I do not support putting them in the control of inmates.
4. Urges member states to ban the practice in its entirety.

III. No nation may extradite individuals to other nations where they may could reasonably be expected to be forced into solitary confinement, unless said nation provides an assurance to the contrary; Not even if the nation in question would only use solitary confinement in taccordance with this proposal?

IV. Any persons currently under solitary confinement be released into the standard prison population or into protective custody. Why? What if the solitary confinement meets the conditions laid out by this proposal?

[Bears Armed]

Solitary confinement be defined as the confinement of an individual in a location completely isolated from human contact,

"So if we ever lock anybody up in our 'prison' -- actually, it's just a pair of cells with a shared antechamber, in case of emergencies, at the Mission's headquarters -- we would need to employ at least one human there in order to comply with this resolution?"

Hwa Sue,
Legal Attaché,
Bears Armed Mission to the World Assembly
(and anthropomorphic male Giant Panda).

__________________________________________

OOC
Not all WA members are inhabited by humans...

[El Fiji Grande]

Mandates that solitary confinement cells provide reading material, as well as paper and a pencil.

solitary confinememt is a punishment for bad behaviour. Leaving a pencil in their cell can resort to saferty issues for correction officers or medical staff who visit them. This than becomes a union problem when staff strike due to safety and prisoners will than have to stay in their cells to the strike is over.
They are in solitary confinement for a reason, more than likely for violence against another prisoner or a staff member.
This clause places the lives of Prison staff in danger when you make it a mandate.

Also forcing nations to allow solitary confinement only up to 5 hours per day, could be seen as mental abuse. Prisoners are placed in their cells at night to sleep. This clause would either have them woken up during sleep time to let out which could be seen as harmful to their sleep pattern and a form of abuse if done on a prolonged basis.

We will not become a nanny state. This bill needs to be tossed in its rightful place... the trash

Pencil and paper were meant to alleviate boredom for prisoners. There is a practice that currently exists in some US prisons that allow for books, as well as paper and a writing utensil. The argument that this places the lives of prison staff in danger is folly.

Your point about 5 hours per day is credible, though. It was never the intent to force prisoners from their sleep, as this clause was never in the original bill. This was added as a compromise to allow short periods of solitary for emergency disciplinary reasons. Research states that even short periods of solitary confinement can be incredibly harmful, though exactly what the cutoff point is unclear. I have modified the proposal to be more accommodating.

I would recommend at the very least replacing the reading material and pen and paper part as it assumes a level of literacy that may not be present and such equipment could theoretically be used as a weapon. Perhaps mandate that prisoners be allowed some recourse to entertainment appropriate to their security risk and literacy levels.

While the point about literacy is true, that's why I also included the phrase about pencil and paper. They could draw, for instance. However, given the many objections to pencils being sharp and potentially dangerous objects, I have removed that part of the clause.

“Comments in this colour.”

Thanks for all your comments. Fixed.

Solitary confinement be defined as the confinement of an individual in a location completely isolated from human contact,

"So if we ever lock anybody up in our 'prison' -- actually, it's just a pair of cells with a shared antechamber, in case of emergencies, at the Mission's headquarters -- we would need to employ at least one human there in order to comply with this resolution?"

Hwa Sue,
Legal Attaché,
Bears Armed Mission to the World Assembly
(and anthropomorphic male Giant Panda).

I'll admit, I never considered the RP implications of this for non-human based nations. Would saying "contact with other members of their species" be more suitable?

[Bears Armed]

Solitary confinement be defined as the confinement of an individual in a location completely isolated from human contact,

"So if we ever lock anybody up in our 'prison' -- actually, it's just a pair of cells with a shared antechamber, in case of emergencies, at the Mission's headquarters -- we would need to employ at least one human there in order to comply with this resolution?"

Hwa Sue,
Legal Attaché,
Bears Armed Mission to the World Assembly
(and anthropomorphic male Giant Panda).

I'll admit, I never considered the RP implications of this for non-human based nations. Would saying "contact with other members of their species" be more suitable?

"Yes, it would."

OOC
Or you could just say "contact with other people", which wouldn't require players to accept the existence of other sapient species if they want to RP that humans are the only one their nation knows about.

[Imperium Anglorum]

Other individuals.