E/CN.4/2006/6/Add.4 page 14 Special isolation regime for long-term prisoners 47. The Special Rapporteur visited Prison No. 405 on 8 June 2005. It is the only cell-based facility for convicted prisoners in the country. On the day of the visit, it held 64 prisoners, 55 of whom were serving sentences of two to five years’ imprisonment, and nine who were serving 30-year sentences in solitary confinement, sentences had been commuted from death sentences. The prisoners in solitary confinement were held on the second floor in nine adjacent cells. Each cell was approximately 3 x 3 m and consisted of a latrine-cum shower, one bed and a small side table fixed to the floor, a radiator and a 30 cm x 2 m window opening at the ceiling. The entrance to each cell consisted of a barred door as well as an iron-plated door. The prisoners said that they were permitted to go outside a maximum of twice per week, for one hour at a time. However, it was usually much shorter during cold weather. They were permitted visitors twice a year for only a few hours each time. They were handcuffed when they were taken outside, and handcuffed and shackled during visits. Essentially these persons, who are serving 30-year sentences, are confined 24 hours a day to their cells with no possibility of any leisure, educational or vocational activities. A television set was fixed outside each cell and was turned on from 6 p.m. to 11 p.m. daily, and prisoners could receive reading material. The Special Rapporteur interviewed each of the nine prisoners in solitary confinement and the information they offered was consistent. There were no urgent medical complaints, although one has become confined to a wheelchair since his arrival because of lack of appropriate treatment for his legs. There were no recent allegations of ill-treatment by the guards, though serious allegations of previous beatings were recounted to the Special Rapporteur. At the time of the visit, the detainees, with nothing to do, were visibly depressed, expressed despair and suicidal thoughts, and some said that they would have preferred the death penalty to their isolation. 48. In the view of the Special Rapporteur, the whole philosophy of the special isolation regime is contrary to article 10 paragraph 3, of the Covenant, which is aimed at the reformation and social rehabilitation of prisoners. Given their long sentences, there is no consideration given to their future release, nor for their rehabilitatio n or re-socialization. Taken together with the fact that the virtual total isolation of the detainees does not seem to be motivated by reasons of security, the purpose of the isolation appears to be to impose additional punishment, leading to severe pain or suffering. Therefore, the Special Rapporteur concludes that the whole regime amounts to cruel and inhuman treatment, if not torture, as defined by article 1 of the Covenant. 49. In respect of prisoners in the special isolation regime, the Special Rapporteur requested information on measures taken to ensure respect of article 10 of the Covenant, as well as international standards such as the Standard Minimum Rules for the Treatment of Prisoners. By letter dated 22 September 2005, the Government replied tha t by August 2005 there were 69 detainees in Prison No. 405, nine of whom were sentenced to 30 years and the remainder to sentences ranging between three to five years’ imprisonment. The nine detainees stay in 9 m2 separate rooms with natural lighting, in accordance with the Prison Rules, Order No. 215, Ministry of Justice and Home Affairs, of 20 September 2002. Detainees are provided with medical services such as dental prostheses, eye care, cardiograms, various examinations, as well as activities to support the detainees spiritually, with the help of NGOs. For example, long-term detainees are given a monthly US$ 20 allowance, with the support of the NGO, Prison Fellowship of Mongolia, which also organizes English and French language courses. The activities of prisons are carried out in accordance with the Prison Rules, and detainees’

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