CAT/C/USA/CO/3-5
Committee notes with concern that six states have not certified that they are in full
compliance with the standards under the Act, and several agencies operating federal
confinement facilities are still in the process of issuing their own regulations for the
implementation of the Act.
The Committee remains concerned at the negative effects of the Prison Litigation Reform
Act on the ability of prisoners to seek protection of their rights. While noting the
amendments to the Act in 2013 (inter alia, adding “the commission of a sexual act” as an
alternative to physical injury in order to establish eligibility for compensation for emotional
distress), the Committee considers that the State party has continued to place greater
emphasis on the goal of curbing prisoner lawsuits at the expense of inmates’ rights. Thus,
the Committee regrets that section 1997 e (e) provides for either “physical injury” or “the
commission of a sexual act” as prerequisites to obtaining compensatory damages for mental
or emotional injury. It is concerned further about section 1997 e (a) of the Act, which
requires prisoners to exhaust all internal complaint procedures before bringing an action in
federal court, which implies that they have to meet applicable deadlines for filing the initial
grievance and making administrative appeals.
Finally, the Committee notes that 19 states have enacted laws restricting the shackling of
pregnant inmates and that such legislation has been under consideration in a number of
other states. The Committee is nevertheless concerned at reports that, in certain cases,
incarcerated women are still shackled or otherwise restrained throughout pregnancy and
during labour, delivery and post-partum recovery (arts. 2, 11, 12, 13, 14 and 16).
The Committee recommends that the State party increase its efforts to prevent and
combat violence in prisons and places of detention, including sexual violence by law
enforcement and penitentiary personnel and other inmates. In particular, the State
party should:
(a)
Ensure that the standards pursuant to the Prison Rape Elimination Act
or similar standards are adopted and implemented by all states, and that all federal
agencies and departments operating confinement facilities propose and publish
regulations that apply the standards of the Act in all detention facilities under their
jurisdiction;
(b)
Promote effective and independent mechanisms for receiving and
handling complaints of prison violence, including sexual violence;
(c)
Ensure that all reports of prison violence, including sexual violence, are
investigated promptly and impartially, and that the alleged perpetrators are
prosecuted;
(d)
Ensure the use of same-sex guards in contexts where the detainee is
vulnerable to attack, in scenarios that involve close personal contact or the privacy of
the detainee;
(e)
violence;
Provide specialized training to prison staff on prevention of sexual
(g)
Develop strategies for reducing violence among inmates. Monitor and
document incidents of violence in prisons with a view to revealing the root causes and
designing appropriate prevention strategies;
(h)
Authorize monitoring activities by non-governmental organizations;
(i)
Amend sections 1997 e (a) and (e) of the Prison Litigation Reform Act;
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