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November 17, 2014

Isolating prisoners is ‘cruel and usual punishment’ in Canada, doctors’ journal says

Ashley Smith Ashley Smith choked herself to death in a segregation cell in Ontario in 2007. Photo: THE CANADIAN PRESS

The placement of federal inmates in solitary confinement is “cruel and usual punishment” in Canada’s prisons and should be severely curtailed, says a new editorial in the nation’s leading medical journal.

Noting that there are 850 offenders in isolation on any given day — a 6.4 per cent increase over the past five years — the editorial in the Canadian Medical Association Journal said the lack of stimulation and social interaction can lead to anxiety, depression and anger and increases the risk of self-harm and suicide.

“Isolated prisoners have difficulty separating reality from their own thoughts, which may lead to confused thought processes, perceptual distortions, paranoia and psychosis,” wrote Dr. Diane Kelsall, a CMAJ deputy editor. “In addition to the worsening of pre-existing medical conditions, offenders may experience physical effects, such as lethargy, insomnia, palpitations and anorexia.”

Inmates should be placed in isolation only in “exceptional circumstances” for their own safety or for the safety of others and for the shortest possible time, the editorial said. It noted that 16 per cent of those in segregation are there for more than four months.

Sara Parkes, a spokeswoman for the Correctional Service of Canada, said in a statement that segregation is used only as a “last resort” to manage an inmate whose safety is at risk; who jeopardizes the security of the prison, other inmates or staff; or who might interfere with an investigation. “It is not a form of punishment.”

“Canadian law and correctional policy allows for the use of administrative segregation in limited circumstances, when there is no reasonable alternative and for the shortest period of time necessary,” she wrote.

A cell for intermittent use at the Calgary Correctional Centre. (Ted Jacob, Calgary Herald)

A cell for intermittent use at the Calgary Correctional Centre. (Ted Jacob, Calgary Herald)

Within 24 hours of being placed in segregation, an offender’s mental health and physical needs are assessed by a healthcare professional and referrals to a psychologist are made as required. Decisions are reviewed regularly, she said.

A “growing body of literature” shows that solitary confinement can change brain activity within the first week, according to the CMAJ editorial. For some people, segregation can have long-term effects, including impaired memory, confusion, depression, phobias and personality changes, and runs counter to the goal of preparing offenders for release to the community, the editorial said.

This is not the first time concerns have been raised about the use of segregation in federal prisons. Canada’s corrections watchdog, Howard Sapers, mentioned in his most recent annual report the ongoing problem of suicides that are taking place in segregation units, where monitoring of inmates should be at its closest.

Solitary confinement is a harsh measure which is contrary to rehabilitation

“The majority of those who take their own life in prison have a history of mental health problems, previous suicide attempts and/or self-harming behaviour,” he wrote. “This finding is related to the Service’s refusal to prohibit long-term segregation of mentally disordered inmates or those at risk of suicide or serious self-injury.”

Last December, an Ontario coroner’s jury examining the death of Ashley Smith — the troubled 19-year-old who choked to death after tying a piece of cloth around her neck in a segregation cell — recommended that the Correctional Service of Canada restrict the use of segregation to 15 consecutive days.

The jury said it agreed with a 2011 report by a United Nations torture expert that said indefinite segregation should be abolished.

UN Special Rapporteur Juan E. Mendez also found that there should be an absolute prohibition on the use of solitary confinement in the case of juveniles and people with mental disabilities.

“Solitary confinement is a harsh measure which is contrary to rehabilitation, the aim of the penitentiary system,” he said at the time.

dquan@postmedia.com

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By the numbers:

850: number of offenders in solitary confinement in Canada on any given day (represents about 5.6 per cent of the prison population)

35: average length of stay in isolation for men (in days)

7: average length of stay in isolation for women (in days)

16: percent of inmates segregated for more than four months

14: number of suicides that occurred while in segregation over the past three years (out of 30 total suicides)

Source: Canadian Medical Association Journal

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