(a)
The failure of the State party to enact a federal crime of torture in terms consistent with article
1 of the Convention;
(b)
The reservation lodged to article 16, in violation of the Convention, the effect of which is to
limit the application of the Convention;
(c)
The number of cases of police ill-treatment of civilians, and ill-treatment in prisons (including
instances of inter-prisoner violence). Much of this ill-treatment by police and prison guards seems to be based
upon discrimination;
(d)
Alleged cases of sexual assault upon female detainees and prisoners by law enforcement
officers and prison personnel. Female detainees and prisoners are also very often held in humiliating and
degrading circumstances;
(e)
The use of electro-shock devices and restraint chairs as methods of constraint, which may
violate the provisions of article 16 of the Convention;
(f)
The excessively harsh regime of the "supermaximum" prisons;
(g)
The use of "chain gangs", particularly in public;
(h)
The legal action by prisoners seeking redress, which has been significantly restricted by the
requirement of physical injury as a condition for bringing a successful action under the Prison Litigation
Reform Act;
180.
(i)
The holding of minors (juveniles) with adults in the regular prison population.
4.
Recommendations
The Committee recommends that the State party:
(a)
Although it has taken many measures to ensure compliance with the provisions of the
Convention, also enact a federal crime of torture in terms consistent with article 1 of the Convention and
withdraw its reservations, interpretations and understandings relating to the Convention;
(b)
Take such steps as are necessary to ensure that those who violate the Convention are
investigated, prosecuted and punished, especially those who are motivated by discriminatory purposes or sexual
gratification;
(c)
Abolish electro-shock stun belts and restraint chairs as methods of restraining those in custody;
their use almost invariably leads to breaches of article 16 of the Convention;
(d)
Consider declaring in favour of article 22 of the Convention;
(e)
Ensure that minors (juveniles) are not held in prison with the regular prison population;
(f)
Submit the second periodic report by 19 November 2001.
32
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