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Old Wednesday, June 25, 2014
imran bakht imran bakht is offline
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Solitary confinement
====================
Solitary confinement is a punishment or special form of
imprisonment in which a prisoner is denied contact with any
other persons, excluding members of prison staff. It is
considered by some as a form of psychological torture. It is
usually cited as an additional measure of protection (of
society) from the criminal. It is also used as a form of
protective custody.
Solitary confinement is colloquially referred to in American
English as the 'hole', 'lockdown', the 'SHU' (pronounced
'shoe') or the 'pound', and in British English as the 'block' or
the 'cooler'
This is a kind of imprisonment which secludes the prisoner
from any intercourse or sight of, and communication with
other prisoners. it may be accompanied with or without
labour.
Section 73 of pakistan penal code provides that whenever
any person is convicted of an offence for which under the
code the court has power to sentence him to rigorous
imprisonment , the court may by its sentence , order that the
offender shall be kept in solitary confinement for any
portion or portions of the imprisonment to which he is
sntenced, not exceeding three months in the whole.
TERM OF IMPRISONMENT SOLITARY CONFINEMENT
---------------------------------------------
------------------------------------------------
** Not exceeding six months ** a time not exceeding one
month
**exceeding 6 months but not exceeding one month ** time
not exceeding two months
** exceeding oe year ** time not exceeding three months
It is clear from the above that a sentence inflicting solitary
confinement for the whole term of imprisonment is illegal. It
must bear only a portion of the term of imprisonment.
Section 74 of the code further limits the solitary
confinement by providing that in executing a sentence of
solitary confinement , such confinement shall in no case
exceed fourteen days at a time, with intervals between the
periods of solitary confinement of not less duration than
such periods, and when the imprisonment awarded shall
exceed three months, the solitary confinement shall not
exceed seven days in any month of the whole imprisonment
awarded, with intervals between the periods of solitary
confinement of not less duration than such periods.
Solitary confinement as a ruleis not ordered unless there
are special features appearing in the commission of the
offence.
Use and criticism
=====================
Those who accept the practice consider it necessary for
prisoners who are considered dangerous to other people
("the most predatory" prisoners), those who might be
capable of leading crime groups even from within, or those
who are kept 'incommunicado' for purported reasons of
national security. Finally, it may be used for prisoners who
are at high risk of being attacked by other inmates, such as
pedophiles, celebrities, or witnesses who are in prison
themselves. This latter form of solitary confinement is
sometimes referred to as protective custody.
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