A/HRC/25/60/Add.2
solitary confinement of the detained or imprisoned person may amount to acts prohibited by
article 7 [on the prohibition of torture and other cruel, inhuman or degrading treatment or
punishment] of the ICCPR (adopted at the 44th session of the Human Rights Committee,
1992). And article 7 of the Basic Principles for the Treatment of Prisoners, which provides
that “efforts addressed to the abolition of solitary confinement as a punishment, or to the
restriction of its use, should be undertaken and encouraged” (adopted by the General
Assembly by resolution 45/111 of 14 December 1990).
(h)
UA 23/08/2013 Case No. USA 14/2013 State reply: None to date Alleged denial of
medical treatment of Ms. Lynne Stewart for 18 months, resulting in her cancer
developing to terminal stage 4 and the use of shackles during eventual medical
treatment (Update-granted compassionate release on 31 December 2013).
175. 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 denial of
medical treatment of Ms. Lynne Stewart for 18 months, resulting in her tumor
metastasizing and developing into terminal stage 4 cancer and the use of shackles during
eventual medical treatment for no justifiable reason. In 2005, Ms. Stewart, a former United
States attorney, was convicted of providing material support to terrorists while representing
a client and was sentenced to 28 months in prison. Reportedly on appeal in 2010, Ms.
Stewart was resentenced to 10 years in prison for an alleged perjury charge during the first
trial. Ms. Stewart was held at the Federal Medical Center, Carswell, in Forth Worth, Texas.
Reportedly, Ms. Stewart had been diagnosed with cancer and was in remission at the time
she was sentenced. Ms. Stewart was scheduled for surgery a week after her incarceration to
remove the remaining cancer and prevent it from metastasizing. It was reported that she
was subsequently forced to wait 18 months for the surgery, denying her the opportunity to
eliminate her cancer. Medication was also allegedly withheld and repeatedly delivered late.
The cancer has since developed to stage 4, has become terminal, and has spread to her
lymph nodes, shoulder, bones, and lungs. It was reported that while receiving
chemotherapy Ms. Stewart was shackled to her bed with leg irons, handcuffs, and belly
chains, contrary to medical advice, without sufficient security justification. It was reported
that she could not walk without help and had to walk to the physician shackled with 20 lbs.
of chains and recuperate in an uncomfortable prison bed with her arms and legs shackled to
the bed. The Special Rapporteur regrets that the Government of the United States of
America has not responded to this communication and reiterates that each Government has
the obligation to protect the right to life and 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). Despite the lack of any official response from the Government, the
Special Rapporteur notes that on 31 December 2013 Ms. Stewart was granted a
compassionate release because of her diagnosis of terminal cancer.
(i)
JAL 29/11/2013 Case No. USA 17/2013 State Reply: None to date Alleged unlawful
killings and abuse by US military in Nerkh District, Wardak Province, Afghanistan.
176. The Special Rapporteur regrets that the Government of the United States has not
responded to this communication, thereby failing to cooperate with the mandate issued by
the Human Rights Council. According to allegations, at least 19 Afghan men were
unlawfully killed by the US Army, 1st Battalion, 3rd Special Forces Group, known as
Operation Detachment Alpha (ODA) 3124, in the Nerkh District of Wardak Province,
Afghanistan in late 2012 and early 2013. Many of those killed were allegedly taken into
custody by ODA 3124 and were later found dead. Additionally, it is alleged that several
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