A/HRC/25/60/Add.2
torture, of those returned from the UK. In light of these allegations, the Special Rapporteur
requested that the Government provide information regarding the steps taken in verifying
the Country of Origin reports, whether those returned are monitored to ensure they are not
subject to torture, whether investigations are conducted once torture is alleged, and any
other steps taken by the Government to ensure the fulfillment of their obligations under
Article 3 of CAT. The Special Rapporteur acknowledges the Government’s extensive reply
to these allegations in which they cited several investigations into mistreatment of asylum
seekers returned to the DRC. The Government claims the result of the investigation shows
little credibility in reports of the DRC targeting asylum seekers, and they use this
conclusion, along with no substantive reports of abuse made to their embassy in Kinshasa,
to dismiss these allegations as unfounded. The Government further provides that country
conditions are not singularly determined through use of the Country of Information Report,
but instead are determined through multiple sources of information including civil society,
past asylum seekers, and local media. While the Special Rapporteur is encouraged by
investigations conducted into these allegations and others, he stresses the Government’s
obligation under Article 3 of CAT, in particular paragraph 9 of General Comment No. 20
on the prohibition of torture and other cruel, inhuman or degrading treatment or
punishment, in which the Human Rights Committee states that State parties “must not
expose individuals to the danger of torture or cruel, inhuman or degrading treatment or
punishment upon return to another country by way of extradition, expulsion or
refoulement.” Should the Government encounter credible information indicating that
asylum seekers returned to the DRC are subjected to mistreatment, the Special Rapporteur
calls on the Government to take corrective action in their return procedures. Additionally,
the Special Rapporteur encourages the Government to take the utmost care in the
dissemination of information to immigration officials in DRC, specifically information that
could allow DRC officials to target returning asylees who may have been politically active
while abroad. In this regard, the Special Rapporteur encourages the Government to
continue its ongoing engagement with the mandate.
United States of America
(a)
AL 18/03/2013 Case No. USA 3/2013 State Reply: 05/08/2013 Alleged prolonged solitary
confinement in New York state prisons, compromising prisoner mental and physical health.
167. The Special Rapporteur thanks the government of the United States for its reply,
dated 5 May 2013, to this communication in reference to alleged use of solitary
confinement in New York State prisons. The communication referred to the alleged
practices throughout New York state prisons that subject thousands of incarcerated persons
to prolonged solitary confinement, other extreme isolation practices, and inhuman or
degrading conditions in detention, including the denial of adequate medical treatment. In
particular, Mr. William Blake, Mr. Stephan Poole and Mr. Kenneth Wright have been
subjected to prolonged solitary confinement. According to the information received, in 39
prisons across New York State, nearly 4,500 prisoners are held in isolation cells, or Special
Housing Units (SHUs). Reportedly, prisoners in SHUs are deprived of all meaningful
human contact, including telephone calls, recreational activities, or rehabilitation programs.
It is also reported that inmates in SHUs are frequently deprived of basic necessities such as
food, exercise, and basic hygiene and that they experience difficulties in obtaining adequate
medical treatment. Mr. William Blake has been incarcerated in a SHU, held in a barren
concrete cell with no furnishings other than a steel bed frame for 25 consecutive years. Mr.
Stephan Poole received a sentence of 36 months in the SHU for allegedly planning an
escape. In the eight years and nine months prior, he had allegedly received no reports of
misbehavior. Mr. Poole has reportedly accumulated additional lengthy SHU sentences for
non-violent prison infractions, including refusing to return a food tray. He has allegedly
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