Facts
The DFC has rejected the appeal of a detainee sentenced to an institutional therapeutic measure under Articles 59-61 SCC against the decisions ordering his solitary confinement as a precautionary measure. The detainee suffers from paranoid schizophrenia and substance addiction. He has been placed in solitary confinement and subjected to disciplinary sanctions several times due to his aggressive and unstable behaviour, linked to his refusal to follow the prescribed neuroleptic treatment. The authorities have justified the solitary confinement by the need to protect the detainee and third parties from his proven dangerousness in the absence of treatment.Considerations
The DFC considered that Article 90(1)(b) SCC provides a sufficient legal basis to order the solitary confinement of a dangerous person serving a measure under Articles 59-61 SCC. This relative social isolation, aimed at depriving the detainee of contact with other detainees for protection reasons, does not constitute degrading or inhuman treatment within the meaning of Article 3 ECHR.
Regarding proportionality, the Court noted that solitary confinement is not a disciplinary sanction and is not intended to compel the detainee to take his medication, but to…