A/HRC/28/68/Add.1
(d)
UA 10/01/2014 Case No. USA 1/2014 State Reply: None to date Allegations concerning
the case of Mr. Kenny Zulu Whitmore, who has been held in a solitary confinement
for 35 years (of which 27 consecutive years) in the maximum security Louisiana State
Prison (LSP, also known as Angola), in the United States of America.
615. The Special Rapporteur regrets that the Government of the United States has not
replied to the present communication, thereby failing to cooperate with the mandate issued
by the Human Rights Council in its resolution 25/13, and to comply with its obligation,
under international customary law, to investigate, prosecute and punish all acts of torture
and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in
the Convention against Torture (CAT).
616. In his interim report to the General Assembly of 5 August 2011 (A/66/268), the
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment defined solitary confinement, in accordance with the Istanbul Statement on the
Use and Effects Solitary Confinement, as the physical and social isolation of individuals
who are confined in their cells for 22 to 24 hours a day. He observed that while solitary
confinement for short periods of time may be justified under certain circumstances, with
adequate and effective safeguards in place, the use of prolonged or indefinite solitary
confinement may never constitute a legitimate instrument of the State and is running afoul
the absolute prohibition of torture and other cruel, inhuman or degrading treatment or
punishment. Furthermore, due to the prisoner’s lack of communication, as well as the lack
of witnesses inside the prison, solitary confinement may also give rise to other acts of
torture or ill-treatment.
617. Being aware of the arbitrary nature of any effort to establish a moment in time when
an already harsh regime becomes prolonged and therefore unacceptable, the Special
Rapporteur defined that prolonged solitary confinement is any period of solitary
confinement in excess of 15 days (A/66/268). This definition was based on the large
majority of scientific studies which indicate that after 15 days of isolation harmful
psychological effects often manifest and may even become irreversible. The Special
Rapporteur recalls that when used indefinitely, for long periods, solitary confinement
amounts to cruel, inhuman or degrading treatment or punishment or even torture, because it
may cause severe mental and physical pain or suffering, a point which has been reiterated
in paragraph 28 of the General Assembly resolution 68/156.
618. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, reiterated above, and
thus, that the Government of the United States, by holding Mr. Whitmore in solitary
confinement for 35 years, has violated his right to be free from torture or cruel, inhuman or
degrading treatment, as provided by articles 1 and 16 of the CAT. With regards to the
present case, the Special Rapporteur recalls paragraph 6 of General Comment No. 20 of the
Human Rights Committee as well as article 7 of the Basic Principles for the Treatment of
Prisoners (Adopted by the General Assembly by resolution 45/111 of 14 December 1990).
(e)
JUA 10/07/2014 Case No. USA 11/2014 State Reply: 07/01/2015 Allegations of
arbitrary, incommunicado detention and possible disappearance of Mr. Sharif
Mobley, a U.S. citizen apprehended upon suspicion of involvement in “terrorist
activities”.
619. The Special Rapporteur thanks the Government of the United States of America for
its reply, dated 07.01.2015, to the present communication.
620. The Rapporteur takes note of the information provided by the Government that the
Government is prevented from providing any information without the written consent of
Mr. Mobley.
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