Detention issue

Solitary confinement

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Act No. 169/1999 on the Performance of the Punishment of the Deprivation of Liberty (zákon o výkonu trestu odnětí svobody)Solitary confinement is one form of disciplinary punishment. A prisoner may be placed in a closed department (with the exception of the time reserved for tasks specified in the treatment programme) for a maximum of 28 days. A prisoner may be placed all day in a closed department for a maximum of 20 days, or placed in solitary confinement (for a maximum of 20 days).
The Rules of Procedure of the Exercise of the Punishment of the Deprivation of Liberty (vyhláška, kterou se vydává řád výkonu trestu odnětí svobody)In solitary confinement the convict does not work, does not take part in the treatment programme, is not allowed to smoke, read daily newspapers, books or other publications except for legal, educational or religious literature, and is not allowed to shop for food and personal belongings, except for hygienic necessities. The prisoner is not allowed to rest in bed except for the time designated for rest in the internal rules. The same rules apply for the disciplinary punishment of an all-day placement in a closed department, with the exception that the convict is obliged to do cleaning activities and perform work necessary for the everyday operation of the prison.
Act No. 293/1993 on the Execution of Custody (zákon o výkonu vazby)An accused person may be placed in solitary confinement for up to 10 days.


Year Recommendation Report
2017It is necessary to modify the Imprisonment Act, which stipulates the relevant rules. The CPT recommended that the Government ensure that the maximum duration of solitary confinement does not exceed 14 days (3 days for juveniles) and that no subsequent penalties are imposed on prisoners that would de facto extend the duration of solitary confinement beyond the maximum length of time. The further repeatedly recommended that any disciplinary punishment of prisoners should not include the total prohibition of contact with family if the misconduct was in no way related to such contact. Report details
2018The legal limit for the duration of solitary confinement as a form of disciplinary punishment is 14 days. Subsequent disciplinary punishments can prolong the effective duration of solitary confinement even above the statutory maximum. The CPT has further repeatedly pointed out that the range of possible disciplinary punishment of prisoners should not include total prohibition of contact with family, if the misconduct committed did not relate to such a contact. Potential solution: In 2015, the Government promised to the CPT to prepare a draft amendment that would incorporate disciplinary proceedings comprehensively in the Service of Imprisonment Act, reduce the time of solitary confinement and placement in an enclosed ward, and transfer decision-making on the most serious disciplinary misconduct to criminal proceedings. The promise has yet to be fulfilled. It is necessary to modify the Service of Imprisonment Act. Report details