Details
Legal instruments & key provisions
Legal instrument | Key provision |
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Act of 20 July 2018 reforming the prison administration (Loi du 20 juillet 2018 portant réforme de l’administration pénitentiaire) | Detained people may be put into solitary confinement under certain legal conditions. In this context, they are separated from others into their cells, without prejudice to a programme of adapted activities. The following groups may be put into solitary confinement on the basis of an individual decision: (a) detainees waiting for trial (b) detained persons who, because of their personality or behaviour, are unfit for community living (c) Minors, as well as pregnant or breastfeeding women and mothers with infants, but only if solitary confinement is manifestly in their interest. The duration of the placement is limited to strictly necessary. It may be at most twenty-four hours unless it is extended by the reasoned decision of the director of the penitentiary centre for periods of twenty-four hours. |
Grand-Ducal Regulation of 24 March 1989 concerning the administration and internal regime of penitentiary establishments (Règlement modifié grand-ducal du 24 mars 1989 concernant l'administration et le régime interne des établissements pénitentiaires) | The placement in solitary confinement in a punishment cell may only be imposed with the doctor having examined the prisoner and certified in writing that the latter can withstand it. The doctor visits the detainees undergoing this disciplinary measure at least twice a week. The punishment is suspended if the doctor finds that its continuation is likely to compromise the physical or mental health of the prisoner. |
NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS
Year | Recommendation | Report |
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2017 | Article 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 |