Solitary confinement
The term solitary confinement denotes any form of deprivation of liberty in which a prisoner is separated from all other prisoners, regardless of which government agency this measure is taken.
Almost synonymous is the solitary confinement , but this is term negative connotations. If the reasons for the detention of the prisoner are morally and legally understandable, it is usually referred to as solitary confinement. If such conditions of detention are viewed as unlawful and unfair, or even as a form of torture , the term solitary confinement is more likely to be used. This designation became widely known in the 1970s, when the members and sympathizers of the Baader-Meinhof group made “solitary confinement” a catchphrase in protest against their temporarily isolated accommodation .
Solitary confinement can have various reasons:
- In the case of pre-trial detention , separate accommodation of the prisoner can be ordered if necessary ( Section 119 (1) StPO ).
- During prison , solitary confinement can be ordered for security, regulatory or disciplinary reasons. A distinction must be made here:
- Solitary confinement in response to breaches of duty by prisoners (" arrest "). This is the strictest disciplinary measure provided by law, the duration of which must not exceed four weeks ( Section 103 (1) No. 9 StVollzG ).
- Solitary confinement in the narrower legal sense is the "continuous isolation of a prisoner" as a special security measure within the meaning of § 88 StVollzG. It may be ordered if there is a risk of flight, if there is a risk of violence or if there is a risk of suicide, "if this is essential for reasons relating to the person of the prisoner" ( § 89 StVollzG). This form of solitary confinement is not limited in time by the law, but, like all other security measures, may be maintained for as long as its purpose requires ( Section 88 (5) StVollzG). In individual cases, solitary confinement is maintained for a period of over 15 years; for example in the Celle correctional facility .
- In compulsory detention, the prisoner can expressly request solitary confinement under Section 172 of the StVollzG.
Movies
- 8m² solitude - solitary confinement in Virginia. 81-minute documentary by Kristi Jacobson (United States 2016)
literature
- David Polizzi: Solitary Confinement: Lived experiences and ethical implications. Policy Press, Bristol 2017, ISBN 978-1-4473-3753-9 .
- Johannes Feest (Hrsg.): Commentary on the Prison Act (AK StVollzG) . New 2006.
- Holger Hoffmann: Isolation in normal execution. Normative development and legal reality of specially arranged individual accommodation in prison . Pfaffenweiler 1990.
