A/HRC/25/60/Add.2 ADX are held in prolonged solitary confinement, sometimes for several years, which causes severe physical and mental pain and suffering rising to the level of torture or other cruel, inhuman or degrading treatment. Inmates spend 20 to 24 hours per day in individual cells measuring 12 by 7 feet (3.6 by 2.1 meters) with virtually no meaningful human interaction or intellectual stimulation. It is reported that many ADX inmates suffer from severe mental illness due to their isolation and are denied access to adequate psychiatric care and treatment. In a similar case involving the ADX and the use of prolonged solitary confinement, the Special Rapporteur on torture had sent a communication on 29 November 2011 (ref. UA G/SO 214 (53-24) USA 21/2011). In its reply, the government of the United States explained that under the Code of Federal Regulations (CFR), solitary confinement under so called Special Administrative Measures (SAMs) may only be imposed where necessary to protect national security, and may not exceed one year at a time. In this context the Government explained that SAMs can only be implemented in two well-defined and limited circumstances: if the measures are reasonably necessary to prevent disclosure of classified information, e.g., that the unauthorized disclosure of such information would pose a threat to national security, and when a danger that the inmate will disclose such information exists. The Special Rapporteur reminds the government of the United States that each Government has the obligation to protect the right to physical and mental integrity of all persons under its jurisdiction, as set forth under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment (CAT). In the Special Rapporteur’s interim report to the General Assembly of 5 August 2011 (A/66/268), he stated that where the physical conditions and the prison regime of solitary confinement cause severe mental and physical pain or suffering, when used as a punishment, during pretrial detention, indefinitely, prolonged, on juveniles or persons with mental disabilities, it can amount to cruel, inhuman or degrading treatment or punishment and even torture. Paragraph 26 of the report states that, “of particular concern to the Special Rapporteur is prolonged solitary confinement, which he defines as any period of solitary confinement in excess of 15 days… He concludes that 15 days is the limit between “solitary confinement” and “prolonged solitary confinement” because at that point, according to the literature surveyed, some of the harmful psychological effects of isolation can become irreversible.” Furthermore, the Standard Minimum Rules for the Treatment of Prisoners provides that, “(s)ick prisoners who require specialist treatment shall be transferred to specialized institutions or to civil hospitals. Where hospital facilities are provided in an institution, their equipment, furnishings and pharmaceutical supplies shall be proper for the medical care and treatment of sick prisoners, and there shall be a staff of suitable trained officers” and that “(t)he medical officer shall have the care of the physical and mental health of the prisoners and should daily see all sick prisoners, all who complain of illness, and any prisoner to whom his attention is specially directed.” The Committee against Torture and the Human Rights Committee have consistently found that conditions of detention can amount to inhuman and degrading treatment. The Special Rapporteur has asked the US Government to invite him to conduct a visit to ADX prison (and other facilities) in accordance to his mandate; that request, formally made in writing in May 2013 and repeated several times since, has gone unanswered until now. He insists that the prohibition on torture and on cruel, inhuman or degrading treatment is absolute, and that it recognizes no exception based on any grounds, including national security or states of emergency. On the basis of the information available, the Special Rapporteur finds that the solitary confinement regime applied in ADX prison violates the obligations of the United States under international law. He calls on the Government to undertake a prompt and independent investigation of the prolonged solitary confinement policy at ADX, leading to the program’s termination and to provide full redress to the victims. 124