A/HRC/25/60/Add.2
of Human Rights, the International Covenant on Civil and Political Rights, and the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and
Punishment (CAT). The Special Rapporteur reiterates that no exceptional circumstances can
be invoked to justify torture by the Government and as stated in article 15 of the CAT,
evidence obtained through torture “shall not be invoked in any proceedings, except against
a person accused of torture as evidence that the statement was made.” Due to the lack of
information provided by the Government regarding allegations of torture and ill-treatment
of Mr. Ali, the Special Rapporteur finds that the Government has violated the rights of Mr.
Ali under international law regarding torture and cruel, inhuman or degrading treatment.
(g)
UA 20/08/2013 Case No. USA 13/2013 State reply: None to date Alleged excessive use of
prolonged solitary confinement in the California Department of Corrections and
Rehabilitation, poor conditions of detention, and retaliatory measures against
prisoners protesting through a hunger strike (Update, the hunger strike ended after 60
days, but many of the prisoners’ demands were not met).
174. 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 excessive
use of prolonged solitary confinement in the California Department of Corrections and
Rehabilitation (CDCR), poor detention conditions, and retaliatory measures taken against
prisoners protesting through a hunger strike. It is estimated that California holds nearly
12,000 prisoners in isolation, including approximately 4,000 “Security Housing Units”
(SHU) prisoners. Conditions reportedly include cells that are 8 by 12 feet and lack
minimum ventilation or natural light. Prisoners remain in their cells for 22 to 23 hours a
day, and do not generally have any contact with other inmates. Allegedly, prisoners are held
in isolation, often for decades, based on alleged gang membership or threats of wrongdoing.
It is reported that prisoners remain in solitary confinement until they can prove they have
been “gang free” for six years, or agree to become an “informant.” Reportedly, current
informants in SHU give incriminating “evidence” of other prisoners’ insubordination and
that dubious evidence is used to justify solitary confinement as a legitimate disciplinary
measure. Allegedly, a high percentage of inmates held in solitary confinement have mental
disabilities and the practice of prolonged solitary confinement has caused irreparable
physical and mental harm to prisoners without initial mental conditions. It is reported that
on 8 July 2013, 561 prisoners in nine separate prisons started a hunger strike, beginning in
the solitary confinement unit of Pelican Bay State Prison in California. Thousands of
prisoners joined the peaceful hunger strike to protest the use of solitary confinement. The
demands made by prisoners reportedly included similar demands made during a 2011
hunger strike, which lasted twenty days. Demands included: authorities’ compliance with
the recommendations of the US Commission on Safety and Abuse in America’s Prisons
and and end to long-term solitary confinement; abolition of the debriefing (informant)
policy and modification of active/inactive gang status criteria; elimination of group
punishment and administrative abuse; adequate food and nutrition; and creation and
expansion of constructive programming. The Special Rapporteur regrets that the
Government of the United States has not responded to this communication and notes that
although the hunger strike ended after 60 days, many of the prisoners’ demands have not
been met. The Special Rapporteur reiterates that each Government has the obligation to
protect the right to physical and mental integrity of all persons under its jurisdiction. This
right is set forth inter alia in the Universal Declaration of Human Rights (UDHR), the
International Covenant on Civil and Political Rights (ICCPR) and the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment (CAT). In this
context, he reiterates that no exceptional circumstances can be invoked to justify torture by
the Government. Further, the Special Rapporteur reminds the Government of paragraph 6
of General Comment No. 20 of the Human Rights Committee, which states that prolonged
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