A/HRC/22/53/Add.4
which provides that “efforts addressed to the abolition of solitary confinement as a
punishment, or to the restriction of its use, should be undertaken and encouraged.” (Adopted
by the General Assembly by resolution 45/111 of 14 December 1990). In absence of evidence
to the contrary, the Special Rapporteur determines that the rights of the identified woman
have been violated. The Special Rapporteur calls on the Government to provide information
regarding the legal grounds for the aforementioned person‟s arrest and detention and to
undertake a prompt and independent investigation of the alleged mistreatment while held in
detention, leading to prosecution and punishment of the perpetrators, and to provide full
redress to the victim. Furthermore, the Special Rapporteur calls upon the Government to
abolish or restrict the use of solitary confinement as a punishment and adopt measures that
promote rehabilitation of those held in detention.
(c)
JUA 14/05/2012 Case No. ISR 5/2012 State reply: None to date Allegation concerning
more than 1,500 Palestinian prisoners in Israeli prisons who are currently engaged in
an open-ended hunger strike; solitary confinement and inadequate medical care in
prison.
73. The Special Rapporteur regrets that the Government of Israel has not responded to this
communication dated 14 May 2012, thereby failing to cooperate with the mandate established
by the Human Rights Council. The communication referred to the dire and critical health
condition of Mr. Thaer Halahleh and Mr. Bilal Diab and other Palestinian prisoners and
detainees who underwent a prolonged hunger strike in response to the Government‟s alleged
excessive use of administrative detentions, solitary confinement, and limitations on family
visits. Further, the communication referred to the alleged denial of adequate medical attention
to those in critical health condition. The Special Rapporteur expresses serious concern
regarding the physical and psychological integrity of the Palestinian prisoners and detainees.
In this context, the Special Rapporteur reiterates Rule 22(2) of the Standard Minimum Rules
for the Treatment of Prisoners, which provides that “[s]ick prisoners who require specialist
treatment shall be transferred to specialized institutions or to civil hospitals. Where hospital
facilities are provided in an institution, their equipment, furnishings and pharmaceutical
supplies shall be a staff be proper for the medical care and treatment of sick prisoners, and
there shall be a staff of suitable trained officers.” Regarding the use of solitary confinement,
the Special Rapporteur draws attention to paragraph 6 of General Comment 20 of the Human
Rights Committee, which states that prolonged solitary confinement of the detained or
imprisoned person may amount to acts prohibited by article 7 [on the prohibition of torture
and other cruel, inhuman or degrading treatment or punishment] of the International
Covenant on Civil and Political Rights” (adopted at the 44th Human Rights Committee,
1992). In this regard, he further draws attention to article 7 of the Basic Principles for the
Treatment of Prisoners, which provides that “efforts addressed to the abolition of solitary
confinement as a punishment, or to the restriction of its use, should be undertaken and
encouraged” (adopted by the General Assembly by resolution 45/111 of 14 December 1990).
In the absence of contradictory evidence, the Special Rapporteur concludes that the
Government‟s use of punitive measures in response to hunger strikes violates the rights of
prisoners and detainees. The Special Rapporteur also concludes that the denial of medical
attention to persons in custody constitutes cruel, inhuman, or degrading treatment in violation
of international standards. The Special Rapporteur urges the Government to prohibit the
imposition of solitary confinement as a disciplinary measure and ensure the physical and
mental health of the prisoners. Furthermore, the Special Rapporteur calls on the Government
of Israel to ensure that all sick persons in detention are provided with proper medical care and
treatment.
41
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