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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