E/CN.4/1996/35/Add.1
page 148
795. Similarly, at the Special Housing Unit (SHU) of Pelican Bay prison in
California, prisoners were reportedly confined, either alone or with one other
prisoner, for 22½ hours per day in sealed, windowless cells with bare white
concrete walls. The cell doors were made of heavy-gauge perforated metal
which, according to a federal district court, "blocks vision and light". A
substantial number of prisoners in SHU were said to be suffering from mental
illness, which had been caused or exacerbated by their confinement in the
Unit. In recent litigation, the federal district court concluded that
conditions there "may press the outer bounds of what most humans can
psychologically tolerate". A large number of prisoners were said to be
assigned to the Unit indefinitely.
796. On 21 November 1995 the Government sent a reply regarding the general
concerns raised by the Special Rapporteur. The Constitution and laws of the
United States and those of its constituent states prohibited torture and any
form of cruel and unusual punishment; the Constitution protected every
individual’s right to bodily integrity and security of person, including the
right to be free from excessively forceful arrest; and the law of the
United States and of its constituent states provided numerous judicial,
administrative and other remedies and avenues of recourse for indviduals who
claimed that, in the course of their arrest or detention, law enforcement
officials had inflicted torture or cruel and inuman treatment or punishment.
The reply went on to discuss and analyse particular legal standards and
practices applicable to issues concerning segregation and solitary
confinement, use of excessive force by prison guards, use of excessive force
by police officers, as well as of criminal and civil remedies available to
alleged victims.
797. The Special Rapporteur’s request for information with respect to the
individual cases raised would be conveyed to the attorneys-general of the
states concerned with a recommendation to the state authorities to provide a
more detailed response.
Uzbekistan
Urgent appeals sent
798. On 26 September 1995 the Special Rapporteur transmitted an urgent appeal
on behalf of Nadira Khidoiatova and Asia Turaniyazova, who were reportedly
arrested on or around 11 July 1995, detained at the premises of the National
Security Service and charged with violating a provision of the Customs Code
concerning the export of animal skins. Nadira Khidoiatova, who was three
months’ pregnant and Asia Turaniyazova, who was in her fifth or sixth month of
pregnancy, were both allegedly forced against their wills to undergo abortions
while in detention.
Although each woman was told independently by medical
prison personnel that the abortions were required for medical reasons, neither
was given the ultrasound examination that would be necessary to establish the
condition of the foetuses. It was alleged that the actual reason the
abortions were ordered was to prevent the women from being released from
custody pending trial, as required under law with respect to pregnant women.
It was further alleged that Nadira Khidoiatova had been threatened that if she
did not give formal consent to the abortion, she would be taken out of the
hospital and have it performed anyway and "in worse conditions". An official
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