A/HRC/34/54/Add.3
507. The Special Rapporteur regrets that the Government of the United States of
America 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.
508. 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 the United States of
America, by engaging in the systematic use of excessive and unnecessary force,
including in the form of physical beatings and mistreatment resulting in death; corporal
punishment; the use of prolonged solitary confinement; and the failure to provide
adequate medical health and support services, and basic needs including food and water,
to prisoners with psychosocial disabilities in prisons and jails, has violated their rights to
be free from torture or cruel or degrading treatment as provided by Article 1, 2 and 16
of the Convention against Torture (CAT).
509. In the Special Rapporteur’s interim report to the General Assembly of 5 August
2011 (A/66/268), he 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 to 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 causes severe mental and physical pain or
suffering. The Special Rapporteur recalls paragraph 28 of the General Assembly
resolution 68/156, stating that prolonged or indefinite solitary confinement runs afoul of
the absolute prohibition of torture and other cruel, inhuman or degrading treatment or
punishment. Furthermore, due to the prisoner’s lack of communication, as well as the
lack of witnesses inside the prison, solitary confinement may also give rise to other acts
of torture or ill-treatment.
510. The Special Rapporteur highlights the Basic Principles for the Treatment of
Prisoners which stresses that “all prisoners shall be treated with the respect due to their
inherent dignity and value as human beings” (General Assembly resolution 45/111).
The Special Rapporteur further stresses that “solitary confinement is a harsh measure
which may cause serious psychological and physiological adverse effects” and therefore
solitary confinement has been found to be “contrary to one of the essential aims of the
penitentiary system, which is to rehabilitate offenders and facilitate their reintegration
into society” (A/66/268, para. 79).
511. With respect to the conditions of imprisonment, the Special Rapporteur further
directs the Government to the Nelson Mandela Rules (the United Nations Standard
Minimum Rules for the Treatment of Prisoners), which establish minimum standards of
healthy accommodation (Rule 13) and adequate and prompt provision of health care
(Rules 24 and 27). The Special Rapporteur further highlights that the U.N. Standard
Minimum Rules for the Treatment of Prisoners (“Mandela Rules”) establish that
“Prisoners who require specialized treatment . . . shall be transferred to specialized
institutions or to civil hospitals” (Rule 27(1)).
512. The Special Rapporteur urges the Government of the United States of America to
fulfil its obligations under the CAT by immediately taking the necessary measures to
protect the physical and psychological integrity of its detainees, to provide adequate
redress to the victims, and to undertake effective measures to prevent the recurrence of
these acts. The Special Rapporteur strongly urges the Government to put an immediate
end to the mistreatment and torture of persons with psychosocial disabilities in
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