A/HRC/22/53/Add.4 the immediate return of Mr. Aamer to the country, invoking the waiver for his release under the modified National Defense Authorization Act. United States of America (a) JAL 11/06/2012 Case No. USA 6/2012 State reply: 02/01/2013 Alleged mistreatment with electric shock of children and young adults enrolled in the residential programme of the Judge Rotenberg Center in Canton, Massachusetts 149. The Special Rapporteur thanks the Government of the United States of America for its response, dated 2 January 2013 to this communication concerning the treatment suffered by children and young adults enrolled in the residential programme of the Judge Rotenberg Center (JRC), including the use of aversive therapy by means of electric shock and physical means of restraints. In its reply, the Government reports that the JRC uses Graduated Electronic Decelerators (GED) to deliver contingent skin shocks as a form of aversive behavior control, including two versions of the GED, namely the GED3A and GED4, that are modified beyond what was approved for use by the United States Food and Drug Administration (FDA). The Government explained that the FDA has sent a warning letter to the JRC on 6 December 2012, demanding prompt corrective action as regards the use of modified GEDs and requesting a meeting to discuss discontinuing their use. The Government also reported that “the use of aversive therapy by JRC has been challenged through a variety of state and federal legislative and judicial actions,” including the Department of Justice‟s (DOJ) investigation into possible violations of civil rights laws, which remains open and ongoing. In this context the Government reiterates that it would gladly provide additional information once that investigation is complete. In Massachusetts a variety of measures that would regulate or ban the use of aversive treatment have been introduced in recent years but failed to pass into law. However, the Commonwealth of Massachusetts‟ Department of Developmental Services (DDS) amended its behavior modification regulations in October 2011 in order to ban all schools in Massachusetts from using certain aversive interventions unless a child had a court-approved treatment plan that allowed for their use prior to 1 September 2011. The Government additionally stated that in New York State, regulations have been enacted prohibiting all day or residential schools from using aversive interventions, which also provide for annually renewable exemptions in cases of children whose state-mandated “individualized education plans” approved the use of aversive therapy prior to 30 June 2009. Furthermore, New York authorities expect that by June of 2014, all (New York) residents at JRC, including those who remain subject to court-approved aversive interventions, will be offered placements in New York State where such interventions are not authorized. The Special Rapporteur welcomes new information received indicating that in February 2013 the State of Massachusetts announced it was seeking a reversal of the court order that had approved treatment plans using aversive therapy. Although the Special Rapporteur appreciates the Government‟s response, he expresses serious concern about the physical and mental integrity of the students residing at JRC, in view of the continued use of electric shock therapy and physical means of restraint as part of the JRC educational programme. He notes that although in 2011 the Commonwealth of Massachusetts‟ Department of Developmental Services (DDS) approved regulation changes that limited the use of Level III Aversive Interventions (including skin shock), this new regulation does still allow the use of electric shocks for those students who had an existing court-approved treatment plan as of September 1, 2011 (115 CMR 5.14). Under the revised regulations, only new students in Massachusetts are protected from Level III aversives, including electric shock or prolonged restraints. The Special Rapporteur notes with great concern that many students at the JRC are still eligible for the Level III Aversive Interventions, including electro-shock treatment. The Special Rapporteur is also concerned that Massachusetts regulations would not apply in other states. JRC, previously called the Behavioral Research Institute, was previously located in California and Rhode Island. There is nothing to stop 83