A/HRC/34/54/Add.3 269. With regard to solitary confinement, the Special Rapporteur in interim report to the General Assembly of 5 August 2011 (A/66/268) on torture and other cruel, inhuman or degrading treatment or punishment defined solitary confinement, in accordance with the Istanbul Statement on the Use and Effects of Solitary Confinement, as the physical and social isolation of individuals who are confined in their cells for 22 to 24 hours a day. He observed that while solitary confinement for short periods of time may be justified under certain circumstances, with adequate and effective safeguards in place, the use of prolonged (in excess of 15 days) or indefinite solitary confinement may never constitute a legitimate instrument of the State, as it may cause severe mental and physical pain or suffering, a point which has been reiterated in paragraph 28 of the General Assembly resolution 68/156 – prolonged or indefinite solitary confinement runs afoul of the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment. 270. The Special Rapporteur urges the Government of Israel immediately to cease the prolonged solitary confinement of Mr. Judeh, Ms. Najwan, and Mr. Mansra, bring its use of solitary confinement in line with its obligations under international law and provide complete and effective redress to the victims in this case. JUA 24/12/2015 Case No. ISR 11/2015 State Reply: None to date Allegations concerning the imminent refoulement of Mr. X, a Palestinian national, to Gaza, where he is at high risk of being subjected to torture and other forms of illtreatment. 271. The Special Rapporteur regrets that the Government of Israel has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13. 272. In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in the initial communication, available via the link above, and is therefore of the view that the Government of Israel, by seeking to return Mr. X to Gaza, where he was subjected to torture and ill treatment and is again facing a high risk of being tortured, has violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1, 2, 3, and 16 of the Convention against Torture (CAT). 273. The Special Rapporteur would like to draw the Government’s attention to article 3 of CAT, which provides that no State party shall expel, return (“refouler”), or extradite a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture. In this regard, he notes General Comment 20 on the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, in which the Human Rights Committee states that State parties “must not expose individuals to the danger of torture or cruel, inhuman or degrading treatment or punishment upon return to another country by way of extradition, expulsion or refoulement” (para. 9). Furthermore, General Assembly Resolution 61/253 urges States “not to expel, return (“refouler”), extradite or in any other way transfer a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture” (para. 9). 274. The Special Rapporteur strongly urges the Government of Israel to protect the right of Mr. X to be free from torture or cruel, inhuman or degrading treatment, and refrain from returning Mr. X to Gaza where he is at risk of being tortured. JUA 8/12/2015 Case No. ISR 12/2015 State Reply: None to date Allegations of arbitrary arrest, incommunicado detention and acts of intimidation and threats, 52