E/CN.4/2001/66 page 21 independent body to investigate complaints of torture and ill-treatment by law enforcement personnel”. (CCPR/C/79/Add.100 of 19 November 1998, para. 12.) The Committee was also concerned about “the poor conditions prevailing in prisons”, reminded the State “that all persons deprived of their liberty must be treated with humanity and with respect for the inherent dignity of the human person” and recommended that it observe the Standard Minimum Rules for the Treatment of Prisoners (ibid., para. 13). Australia 64. By letter dated 5 October 2000, the Special Rapporteur advised the Government that he had received information on the following individual case. 65. Neil James Anderson, also known as Neil Holt, aged 18, reportedly hanged himself in his cell at Canning Vale Prison, Western Australia on 25 January 1998. He was on remand for driving offences. During his detention, he was allegedly placed in restraints on four occasions in the month before his death, twice at the CW Campbell Remand Centre and twice at Canning Vale Prison. On 12 January 1998 he reportedly spat at a prison officer and was punished by being sprayed with pepper spray and physically restrained in hobbles and leg irons for over 25 hours. Although Ministry of Justice regulations provide that prisoners should be restrained for only as long as it takes to control their behaviour, Neil Anderson’s behaviour was reportedly not monitored, nor was the decision to restrain him regularly reviewed. Urgent appeals and replies received 66. On 19 July 2000, the Special Rapporteur sent an urgent appeal on behalf of Herman Chikonga, originating from the Kivu region in the Democratic Republic of the Congo, who was reportedly facing imminent and forcible repatriation to the Democratic Republic of the Congo, where he may be at risk of torture and other forms of ill-treatment. He is said to have arrived in Australia with his wife and son in 1991 and to have been granted a refugee visa by the Government of Australia. In 1993, the visas granted to his family were allegedly cancelled by the Immigration Department as a result of Herman Chikonga’s claim that they were not genuine refugees. It is believed that he made this claim to prevent his family from breaking up. In September 1994, the Department of Immigration is said to have reinstated his residence by granting him a visa, which was reportedly again cancelled on 10 October 1995 on the same grounds as the first visa. On 12 May 2000, the Minister for Immigration and Multicultural Affairs is said to have confirmed the decision of the Immigration Review Tribunal to cancel Herman Chikonga’s visa. His wife and son have reportedly been granted permanent residence in Australia. He reportedly recently lost two members of his family in the Democratic Republic of the Congo and the whereabouts of his parents are allegedly unknown. 67. By letter dated 18 August 2000, the Government indicated that the case was under consideration by the Department of Immigration and Multicultural Affairs. Observations 68. The Special Rapporteur considers it appropriate to draw to the Comission’s attention the relevant findings of the Committee against Torture in its consideration of the second periodic