A/HRC/31/57/Add.1
outcomes, isolation, drastically reduced human contact and even sometimes worse physical
detention conditions which can produce several mental trauma and physical deterioration in
prisoners (“death row phenomenon”) (para. 42).
662. The Special Rapporteur also calls upon all States to reconsider whether the use of the
death penalty per se respects the inherent dignity of the human person, causes severe mental
and physical pain or suffering, and constitutes a violation of the prohibition of torture and
other cruel, inhuman or degrading treatment or punishment (para. 79).
663. The Rapporteur deplores the death sentence and potential execution of Mr. X and
finds Mr. X’s prolonged or indefinite placement on death row could violate his right to be
free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16
of the Convention Against Torture, that the United States ratified on the 21 October 1994,
and article 7 of the International Covenant on Civil and Political Rights, that the United
States ratified on 8 June 1992, and customary international law.
664. The rapporteur strongly urges the Government of the United States to refrain from
carrying out death sentences and abolish the practice of executions.
(k)
JUA 10/07/2015 Case No. USA 15/2015 State Reply: 11/09/2015Allegations concerning
the deportation of Haitians, and in particular persons suffering from serious mental
and physical illnesses and requiring appropriated specialized psychological and
medical attention, to post-earthquake Haiti.
665. The Special Rapporteur thanks the Government of United States of America for its
replies, dated 11 September 2015, to the present communication.
666. The Rapporteur takes note of the information provided by the Government
concerning proceedings and treatment of deportees under U.S. law and policies. However,
the Rapporteur finds that the Government, in its reply, does not sufficiently address some of
the concerns, legal obligations, and questions raised in the initial communication. In
particular, the reply fails to adequately address the risk that certain categories of deportees,
particularly women, persons with nonconforming gender identities, and persons suffering
from chronic mental or physical illnesses, are vulnerable to physical abuse and/or
imprisonment or institutionalization in unsafe conditions upon return to Haiti; and that
persons with serious health conditions are unable to access adequate medical treatment and
facilities, specialized care, medications, nutrition, and stable and safe living conditions.
667. The Special Rapporteur further notes that the Government provided no information
in its response to the present communication to ensure that the deportees were asked
specific questions during their immigration proceedings to determine whether they risked
torture or cruel and unusual treatment. Moreover, the Government does not specify that
deportees are advised of their right to seek CAT relief, or that access to legal representation
is provided.
668. The Special Rapporteur reminds the Government that the Committee against Torture
has found that State decisions to expel individuals to places where they face a real risk of
ill-treatment breaches the Convention (P. E. v. France). The Special Rapporteur in his
interim report to the General Assembly found that “non-refoulement under the Convention
against Torture must be assessed independently of refugee or asylee status determinations,
so as to ensure that the fundamental right to be free from torture or other ill-treatment is
respected even in cases where non-refoulement under refugee law may be circumscribed”
(A/70/303, para 41).
669. The Special Rapporteur concludes that the State’s immigration review procedures
place it at risk of violating its non-refoulement obligation under Article 3 of the Convention
Against Torture (CAT), and strongly urges the Government to refrain from carrying out
further deportations in the absence of independent determinations under the CAT.
110
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