Solitary confinement in Malta is a short-term isolation from the rest of the prison inmates, which may be imposed as a punishment by a court order or following an offence against the prison regulations.

When solitary confinement was included in the criminal code, it said: “(1) No term of solitary confinement shall exceed 10 continuous days. (2) More terms of solitary confinement may only be applied with an interval of two months between one term and another. (3) Nevertheless, solitary confinement may be applied during these intervals in case of any infringement of the prison regulations or for any other offence committed during the said intervals, provided that the terms be of short duration and that they shall not together exceed 15 days in any one interval. (4) Where the law prescribes the punishment of solitary confinement and does not specify the particular number of terms, it shall not be lawful to inflict more than 12 terms of solitary confinement.”

A 2002 amendment of the criminal code specified that, before awarding the punishment of solitary confinement, the court shall satisfy itself − if necessary by medical evidence, which may include a medical examination of the person convicted − that the person convicted is fit to undergo the said punishment.

The former outer gate leading to the prison entrance.

Moreover, where, in the course of the execution of the punishment of solitary confinement, the medical officer of the prison certifies in writing that the prisoner is no longer fit to undergo such punishment, the execution of that punishment shall be suspended until such time as the prisoner is again certified to be medically fit to undergo such punishment.

First references

Since British rule, the first reference to solitary confinement is found in the 1820 prison regulations. At the time, most of the prisoners were confined in the Great Prison, in St Christopher Street, Valletta.

According to these regulations: “In the event of riotous behaviour on the part of the prisoners, or of idleness, or refusal to work, on the part of the convicts sentenced to hard labour, the persons offending shall for the first offence be put upon a short allowance, and separated from the rest of their comrades; and if offending a second time or for anything like mutinous conduct, shall be put in solitary confinement upon a short allowance, and with chains if deemed necessary.”

In January 1850, 83 male prisoners were transferred to the newly built prison in Corradino and the first prison regulations issued on January 5, 1851, read: “There shall be a competent number of cells adapted to solitary confinement, and all prisoners sentenced to solitary confinement, by any court, shall be placed in light and well-ventilated cell, provided with a seat and the means of communication with the prison officers in case of illness, shall be afforded to them. The prisoners shall attend Divine Service on the Sabbath and other days of obligation; and be visited daily by the superintendent and chaplain, who shall insert their having done so in their respective journals, or the reasons for any omission.

One of the divisions with three tiers built in 1850.

“A report has also to be drawn by the superintendent to be shown to the visitors without delay, if they observe any injurious effect on the mind or health of the prisoner, in his opinion to be ascribed to the duration of the solitary confinement. Prisoners shall be provided with books and those not able to read shall be visited by the schoolmaster or some other person capable of affording to them elementary instruction. They shall be permitted to take such exercise in the open air as may be deemed by the superintendent for the preservation of their health; and shall be supplied with work at the discretion of the inspector of prison. The bedding shall be withdrawn from their cell during the day and exposed to the air in dry weather.”

These punishments were not applicable to female prisoners

In the first six months at the Corradino prison, discipline was not strictly enforced and, although no offence was overlooked, punishments were not severe and about a third of the prisoners reported were admonished. However, towards the end of June 1850, insubordination became a problem and it was decided to enforce tough disciplinary measures.

Thirteen of the most troublesome inmates were punished with longer periods of separate confinements. In one instance, the superintendent ordered the gagging of a prisoner for one hour although no mention was made of the gag in the prison regulations. This severe measure was taken as several instances had occurred in which the prison’s quiet ambience was disturbed, for days on end, by the prisoners’ shouting and swearing. For this reason, the superintendent requested authority to use stocks (wooden or metal devices with foot holes) as some of the prisoners confined in the refractory cells, despite being handcuffed, had harmed themselves by kicking the doors and knocking them with their cuffs.

The 1854 prison regulations said that the prison superintendent was not authorised to inflict the punishment of solitary confinement for more than three days without the permission of the inspector of prisons. Moreover, handcuffs or any other description of iron on prisoners or use of stocks had only to be used in cases of absolute necessity.

Changes in regulations

No changes were made in the 1861 prison regulations as regards solitary confinement; however, in the 1897 regulations under the heading ‘Offences and Punishments’, it was stated that: “The following are the punishments that may be inflicted by the Inspector of Prison, or the Superintendent, for serious faults or offences: solitary confinement in the prisoner’s own cell for one, two or three periods of three days each on the ordinary prison diet; or on bread and water; or in the dark cell for the same period on bread and water.” These punishments were not applicable to female prisoners.

3. A prison cell

According to the 1910 prison regulations, prisoners in solitary confinement were only allowed outdoor exercise when the medical officer certified that it was absolutely necessary for health reasons.

In the 1931 regulations, reference was made to solitary confinement in a punishment cell for not more than three periods of three days each on ordinary or punishment diet, except in the case of female prisoners. Moreover, during such confinement, no one could see the inmate except the prison officers in the execution of their duties, a minister of religion or a medical officer. Outdoor exercise was permitted when certified by the medical officer.

Until the early 1990s, the part of the prison known as ‘Division 8’ was used as a punishment block; however, after criticism in the press and from the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment of Punishment, this division was no longer used.

In June 1993, in a report of Corradino prison, Judge Maurice Caruana Curran, as Commissioner for Prisons and Treatment of Offender, proposed an amendment to the criminal code as regards solitary confinement. In the said report, it was stated that: “In keeping with the spirit of our times, which considers ‘solitary’ as potentially dangerous to health and even inhuman (in fact it is rarely imposed by the Courts) this form of punishment will henceforth, if the Bill becomes law, be served as a period of ‘cellular confinement’ in the normal cell allotted to the prisoner, subject to medical supervision and precautions as well as other remedies contemplated in the Bill.”

The present law reads: “The punishment of solitary confinement is carried into effect by keeping the person sentenced to imprisonment, during one or more terms in the course of any such punishment, continuously shut up in the appointed place within the prison, without permitting any other person, not employed on duty nor specially authorised by the minister responsible for the prisons, to have access to him.”

Eddie Attard is the author of the book Il-Ħabs − L-Istorja Tal-Ħabsijiet f’Malta (1800-2000) published in 2000 and 2007.