Country

Luxembourg

Detention issue

Solitary confinement

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Act of 20 July 2018 reforming the prison administration (Loi du 20 juillet 2018 portant réforme de l’administration pénitentiaire)There are several categories of people who could be placed in solitary confinement, they are: pre-trial detainees, upon decision of the magistrate, prisoners, whose behaviour was found unfit for a communal life, inmates with increased risk of escape, inmates who may physically or morally harm themselves or others. Solitary confinement consists of separating detainees from other detainees and placing them in their cells during the day and at night. The person may be placed (a) in an individual cell, (b) in a security cell specially equipped to prevent any act of vandalism, aggression, and self-harm, or (c) in an observation cell allowing permanent video surveillance of the detainee.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2017Article 197(10) of the Grand-Ducal Regulation of 24 March 1989 mentions punishments of solitary confinement up to 30 days. The NPM recommended to change the relevant legislation. The NPM consistently stressed the fact that the conditions for solitary confinement do not comply with several basic requirements. For example, the solitary confinement cells are found in the basement with a lack of lighting and ventilation. Furthermore, these cells can sometimes mesure from 3 m2 to 4 m2 which is not compatible with the CPT standards of 6 m2 per person. Report details