Iceland: The use and abuse of 22-hour solitary confinement in prison, including people with mental disabilities

ROME – Iceland is grossly abusing solitary confinement in pre-trial detention, violating the prohibition of torture or other cruel, inhuman or degrading treatment or punishment, with serious consequences for the accused and their right to a fair trial. He reports it Amnesty International in a new report released today. Amnesty calls on the Icelandic government, which currently chairs the Council of Europe, to undertake immediate and significant reforms. In 2021, 61% of pre-trial detainees were placed in solitary confinement. In the previous ten years, ninety-nine people were subjected to “prolonged solitary confinement” for more than 15 days, in violation of the international ban on torture and other cruel, inhuman or degrading treatment or punishment.

Eighty people in cells for 22 hours a day. “The Icelandic authorities – said Simon Crowther, legal adviser of Amnesty International – have been aware of the damage caused by insulation and their overuse for years. Yet every year, an average of more than 80 people, including children and some people with intellectual disabilities, are locked up alone in cells for more than 22 hours a day. The authorities have to face the facts. Iceland – he added – is violating the ban on torture and other ill-treatment during his presidency of the body responsible for the prevention and elimination of torture in Europe. It urgently needs to make significant changes to prevent that.”

Isolate yourself without the judge knowing first. While the use of solitary confinement may be permitted under international law, it must be exceptional, for the shortest possible time, and be subject to adequate safeguards to ensure its use. None of this is the case in Iceland, where police requests for solitary confinement are accepted almost without question by judges. The infamous case, of Guðmundur and Geirfinnur, in which two men disappeared several months apart in 1974 led to years of investigation and review, before six people confessed and were ultimately convicted of their murders. All of the convicts had been held in preventive isolation for prolonged periods and subjected to pressure and, in some cases, abusive treatment. Five of the six were eventually acquitted in 2018. In 2022, the sixth person received an apology from the prime minister for his treatment.

The justification: “We protect the investigation.” The report suggests that while this serious miscarriage of justice has set in motion a move away from excessively long periods of solitary confinement, it has not changed enough and people are still subject to harm. Holding a person in solitary confinement before trial can be considered a form of coercion. The main justification given by the authorities for the use of solitary confinement in Iceland is the “protection of investigations”, which Amnesty International does not accept. A prosecutor told Amnesty International that solitary confinement was the only way to ensure suspects did not have access to a telephone. However, this is unacceptable logic and neither justifies nor explains its use in pre-trial detention. Other options are available, including separating inmates from certain individuals and limiting phone use or blocking specific numbers.

Children and people with disabilities. There are no guarantees to protect those at high risk of harm from being placed in solitary confinement. This includes those with physical or intellectual disabilities which could be exacerbated by the isolation. This will include some people with neurodiverse conditions. The police do not check people for health conditions before requesting solitary confinement. Guarantees to protect children from solitary confinement are also woefully inadequate. Judges have overwhelming trust in the police and approve requests to isolate suspects with little oversight. A judge told ad Amnesty International that serious decisions were made “too lightly” with too much leeway given to the police.

Some cases with direct testimony. “Through interviews with lawyers and inmates, Amnesty International has been able to document numerous instances where solitary trust has been used on individuals at high risk of harm, in violation of international human rights laws and standards. A lawyer told the Human Rights Organization that his client was so distressed that he was “given drugs to relax him”. An ex-con who has been placed in solitary confinement told Amnesty International: “I have obsessive-compulsive disorder and it’s very hard for me to be alone with my head … I don’t think the mental health team knows I have it.”

The risks of isolation. Placing people with psychosocial disabilities and children in solitary confinement is contrary to the international prohibition of torture and other ill-treatment. This must be stopped immediately. The serious psychological and physiological effects of using solitary confinement have been well documented. It can induce insomnia, confusion, hallucinations and psychosis, as well as other health problems. These can occur after only a few days, and remand prisoners have an increased rate of suicide and self-harm within the first two weeks of solitary confinement. Health risks increase with each additional day spent in such conditions.

The suspicion that all this is reserved for minority groups or foreigners. In breach of international standards, the Icelandic authorities are currently unable to collect data on the ethnicity of people held in solitary confinement. Amnesty International fears that it may be disproportionately applied to certain groups of people, including those from minority ethnic groups or foreign nationals. “Isolation in Iceland – added Simon Crowther – is abused on a large scale, including children and people with disabilities. The Icelandic government must ensure a radical reform of the penal code, and indeed of the culture in the judicial system, to end to this violation of people’s human rights. Alternatives already exist and should be used.”