A/HRC/22/53/Add.4
received, the Special Rapporteur determines that Mr. Shoat‟s rights under international
standards prohibiting torture and other cruel, inhuman or degrading treatment or punishment
have likely been violated, and calls on the Government to cease the prolonged isolation of
Mr. Shoats.
(d)
AL 31/07/2012 Case No. USA 13/2012 State reply: 01/10/2012 Alleged mistreatment by
the US Drug Enforcement Administration
152. The Special Rapporteur thanks the Government of the United States for its reply dated
31 July 2012, to this communication concerning the detention of Mr. Daniel Chong on 21
April 2012 by the Drug Enforcement Administration (DEA), and his subsequent isolation for
a period of five days without access to food, water, or hygienic facilities. In its reply, the
Government stated that the Office of the Inspector General within the United States
Department of Justice is current conducting an independent investigation into Mr. Chong‟s
allegations, inclusive of consideration of penal, disciplinary, or administrative sanctions
against alleged perpetrators. The Government also reported that the DEA is reviewing its
internal procedures, and that Mr. Chong has exercised his rights under relevant municipal law
for monetary compensation. The Special Rapporteur thanks the Government for its
explanation of the investigations undertaken to date into Mr. Chong‟s allegations, and invites
to provide the mandate with more information as the proceedings develop. He encourages
the Government to ensure that all allegations of torture and other ill-treatment are
investigated and punished, and to provide full redress, including fair and adequate
compensation, and as full rehabilitation as possible to the victim.
(e)
JUA 21/12/2011 Case No. USA 24/2011 State reply: None to date Alleged judicial and
other harassment and alleged excessive use of force against activist
153. The Special Rapporteur regrets that the Government of the United States has not
responded to this communication dated 23 February 2012, thereby failing to cooperate with
the mandate issued by the Human Rights Council. The communication referred to the alleged
judicial and other forms of harassment against Mr. Steve Richardson and police officers‟
alleged excessive use of force. In this context, the Special Rapporteur reiterates that
paragraph 1 of Human Rights Council Resolution 16/23 “[c]ondemns all forms of torture and
other cruel, inhuman or degrading treatment or punishment, including through intimidation,
which are and shall remain prohibited at any time and in any place whatsoever and can thus
never be justified, and calls upon all States to implement fully the absolute and non-derogable
prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” In
light of the fact that no evidence has been provided to the contrary, the Special Rapporteur
concludes that the rights of the Mr. Steve Richardson under the UN Convention against
Torture have been violated. The Special Rapporteur calls on the Government of the United
States to uphold its obligations to protect the right to physical and mental integrity of all
persons and to undertake a prompt, impartial, and effective investigation of the alleged acts
of excessive use of force, leading to prosecution and punishment of the perpetrators, and to
provide redress to the victims.
(f)
JUA 30/11/2012 Case No. USA 31/2012 State reply: None to date Alleged indefinite
detention, lack of access to lawyers and impunity for torture of five non-US citizens
detained at Guantanamo Bay
154. 155. The Special Rapporteur regrets that the Government of the United States of
America has not responded to this communication, thereby failing to cooperate with the
mandate established by the Human Rights Council. The communication referred to the
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