A/HRC/22/53/Add.4
would also like to draw the Government‟s attention to paragraph 1 of Human Rights Council
Resolution 16/23, which “Condemns all forms of torture and other cruel, inhuman or
degrading treatment or punishment, including through intimidation, which 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.” The Special Rapporteur further
draws the Government‟s attention the Standard Minimum Rules for the Treatment of
Prisoners. Rule 22(2) 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
proper for the medical care and treatment of sick prisoners, and there shall be a staff of
suitable trained officers.” Furthermore, Rule 25(1) provides that, “(t)he medical officer shall
have the care of the physical and mental health of the prisoners and should daily see all sick
prisoners, all who complain of illness, and any prisoner to whom his attention is specially
directed.” Based on the information received, the Special Rapporteur determines that Mr.
Cuff‟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. Cuff, and ensure that he obtains adequate medical care
and redress, including fair and adequate compensation and as full rehabilitation as possible.
(c)
AL 21/06/2012 Case No. USA 8/2012 State reply: 21/06/2012 Alleged prolonged solitary
confinement
151. The Special Rapporteur thanks the Government of the United States for its reply dated
28 September 2012 to the communication dated 21 June 2012. The communication referred
to the alleged prolonged solitary confinement of Mr. Russel Maroon Shoats, an inmate of
Pennsylvania‟s State Correctional Institution (SCI). According to the information we
received, Mr. Shoats has spent the last 21 years in solitary confinement, being held in
lockdown for 23 to 24 hours each day. The government‟s response mentions the serious
nature of the crimes for which Mr Shoats was convicted and the fact that he twice escaped
and was recaptured, one time after holding hostages. According to prison authorities, Mr.
Shoats has repeatedly been involved in fights with other inmates. On the other hand, the
response does not dispute the facts about the conditions of confinement to which Mr. Shoats
is subjected or the long term nature of such conditions. A lawsuit brought by Mr. Shoats
before United States courts resulted in a finding that the procedures followed to place them in
solitary confinement did not breach his rights under the US Constitution. The Special
Rapporteur recalls paragraph 6 of General Comment No. 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 of the International Covenant on Civil and Political
Rights, and 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.” In his report a/66/268, the
Special Rapporteur states that “solitary confinement is a harsh measure which may cause
serious psychological and physiological adverse effects on individuals regardless of their
specific conditions.” Moreover, “[d]epending on the specific reason for its application,
conditions, length, effects and other circumstances, solitary confinement can amount to . . .
an act defined in article 1 or article 16 of the Convention against Torture.” ( paras. 79 and
80). The Special Rapporteur urges that solitary confinement should be used only in very
exceptional circumstances, as a last resort, for as short a time as possible (para. 89).
Additionally, the Special Rapporteur also reiterates paragraph 1 of Human Rights Council
Resolution 16/23, which “Condemns all forms of torture and other cruel, inhuman or
degrading treatment or punishment, including through intimidation, which 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.” Based on the information
85
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents