A/HRC/25/60/Add.2 following an unfair trial before the Central Criminal Court in Iraq on 24 June 2010. The sentence allegedly relied on statements extracted under torture from Mr. Omar and third persons, some of whom reportedly later withdrew their statements made in court. 171. Mr. Omar was the subject of a previous communication, dated 30 November 2012; a reply to this communication is still awaited from the Government of the United States of America. The Special Rapporteur reiterates that each Government has the obligation to protect the right to physical and mental integrity of all persons. This right is set forth inter alia in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), which the Government of the United States of America ratified on 8 June 1992, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment (CAT), which the Government of the United States of America ratified on 21 October 1994. The Special Rapporteur reiterates that no exceptional circumstances can be invoked to justify torture by the Government. Due to the lack of further information, the Special Rapporteur finds that the Government of the United States is responsible for the torture and ill-treatment to which Mr. Omar was subjected while under the control of US military forces, in violation of international law. (e) UA 29/07/2013 Case No. USA 10/2013 State reply: None to date: Alleged prolonged solitary confinement of Herman Wallace, Albert Woodfox, and Robert Kig Wilkerson at the Louisiana State Penitentiary and the David Wade Correctional Centre, Louisiana. And alleged insufficient medical care of Mr. Wallace regarding a diagnosis of liver cancer (Update-Mr. Wallace was granted immediate release on 1 October 2013, and died four days later). 172. The Special Rapporteur regrets that the Government of the United States of America has not responded to this communication, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to the alleged prolonged solitary confinement of Herman Wallace, Albert Woodfox, and Robert King Wilkerson at Louisiana State Penitentiary and David Wade Correctional Centre, Louisiana, amounting to cruel, inhuman or degrading treatment or torture and insufficient medical care received by Mr. Wallace before his death. In 1972, Mr. Woodfox and Mr. Wallace were charged and found guilty of murdering a prison guard and spent over forty years in solitary confinement, reportedly the longest period of solitary confinement of any prisoner in the United States. Mr. Wilkerson was convicted of conspiracy to murder a fellow inmate and spent twentynine years in solitary confinement. Mr. Wilkerson was released in February 2001. Mr. Woodfox’s conviction has been overturned and reaffirmed several times, and he remains in custody pending a ruling from the Fifth Circuit Court. Temperatures in Mr. Woodfox’s cell are reportedly very high, reaching up to 100 degrees Fahrenheit. It was also alleged that prison review boards have not made efforts in good faith to have fair and meaningful hearings to assess the necessity of solitary confinement, setting aside consideration of the prisoner’s behavior in the assessment. Reportedly, evidence used against Mr. Woodfox and Mr. Wallace has been questioned, including allegations of bribery. The conditions of confinement reported include 23-hour daily confinement, cells measuring 2 to 3 meters or smaller, and severely limited social interaction with no access to work, education, or rehabilitation programs. The conditions had reportedly had negative psychological and physical consequences on the inmates, as acknowledged by a federal judge in 2007. Additionally, Congressmen John Conyers, Cedric Richmond, Jerrold Nadler, and Bobby Scott had expressed their concern for these constitutional violations and alleged that the Attorney General in Louisiana was colluding with the Department of Corrections to fabricate violations of prison rules to justify the inmates’ placement in solitary confinement. The Special Rapporteur regrets that the Government has not responded to this communication but notes that after forty-one years in solitary confinement, Mr. Wallace was granted immediate release by US District Chief Judge Brian Jackson on 1 October 126

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