CAT/C/USA/CO/2
page 8
29.
The Committee is concerned at section 1997 e (e) of the 1995 Prison Litigation Reform
Act which provides “that no federal civil action may be brought by a prisoner for mental or
emotional injury suffered while in custody without a prior showing of physical injury” (art. 14).
The State party should not limit the right of victims to bring civil actions and amend
the Prison Litigation Reform Act accordingly.
30.
The Committee, while taking note of the State party’s instruction number 10
of 24 March 2006, which provides that military commissions shall not admit statements
established to be made as a result of torture in evidence, is concerned about the implementation
of the instruction in the context of such commissions and the limitations on detainees’ effective
right to complain. The Committee is also concerned about the Combatant Status Review
Tribunals and the Administrative Review Boards (arts. 13 and 15).
The State party should ensure that its obligations under articles 13 and 15 are
fulfilled in all circumstances, including in the context of military commissions and
should consider establishing an independent mechanism to guarantee the rights of
all detainees in its custody.
31.
The Committee is concerned at the fact that substantiated information indicates that
executions in the State party can be accompanied by severe pain and suffering (arts. 16, 1
and 2).
The State party should carefully review its execution methods, in particular lethal
injection, in order to prevent severe pain and suffering.
32.
The Committee is concerned at reliable reports of sexual assault of sentenced detainees,
as well as persons in pretrial or immigration detention, in places of detention in the State party.
The Committee is concerned that there are numerous reports of sexual violence perpetrated by
detainees on one another, and that persons of differing sexual orientation are particularly
vulnerable. The Committee is also concerned by the lack of prompt and independent
investigation of such acts and that appropriate measures to combat these abuses have not been
implemented by the State party (arts. 16, 12, 13 and 14).
The State party should design and implement appropriate measures to prevent all
sexual violence in all its detention centres. The State party should ensure that all
allegations of violence in detention centres are investigated promptly and
independently, perpetrators are prosecuted and appropriately sentenced and
victims can seek redress, including appropriate compensation.
33.
The Committee is concerned at the treatment of detained women in the State party,
including gender-based humiliation and incidents of shackling of women detainees during
childbirth (art. 16).
The State party should adopt all appropriate measures to ensure that women in
detention are treated in conformity with international standards.