CAT/C/USA/CO/3-5
(j)
Revise the practice of shackling incarcerated pregnant women, bearing
in mind that the prison regime should be flexible enough to respond to the needs of
pregnant women, nursing mothers and women with children.3
Deaths in custody
22.
The Committee notes with concern that 958 inmates died while in custody in local
jails, in 2012, an 8 per cent increase over the 889 deaths in 2010. During the same year,
State prison deaths remained stable with 3,351 reported deaths. The Committee is
particularly concerned about reports of inmate deaths that occurred as a result of extreme
heat exposure due to imprisonment in unbearably hot and poorly ventilated prison facilities
in Arizona, California, Florida, New York, Michigan and Texas (arts. 2, 11 and 16).
The Committee urges the State party to promptly, thoroughly and impartially
investigate the deaths of all detainees, assessing the health care received by the
inmates as well as any possible liability of prison personnel, and provide, where
appropriate, adequate compensation to the families of the victims.
The State party should adopt urgent measures to remedy any deficiencies relating to
temperature, insufficient ventilation and humidity levels in prison cells, including
death row facilities.
Juvenile justice
23.
The Committee remains concerned at the notable gaps in the protection of juveniles
in the State party’s criminal justice system. In particular, the Committee once again
expresses concern at the detention conditions of juveniles, including their placement in
adult jails and prisons, and in solitary confinement (arts. 11 and 16).
The State party should take the necessary measures to ensure the proper functioning
of the juvenile system in compliance with international standards. In particular, the
State party should:
(a)
Ensure full implementation of the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice (Beijing Rules) and the United
Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines);
(b)
Ensure that juvenile detainees and prisoners under 18 are held
separately from adults, in line with the provisions of the Beijing Rules (rules 13.4 and
26.3) and the United Nations Rules for the Protection of Juveniles Deprived of their
Liberty (rules 17, 28 and 29);
(c)
above);
Prohibit the use of solitary confinement for juveniles (see para. 20
(d)
Resort to alternatives to incarceration, taking into account the provisions
of the United Nations Standard Minimum Rules for Non-custodial Measures (Tokyo
Rules) and the Bangkok Rules.
Life-without-parole sentences for juvenile offenders
24.
While welcoming the Supreme Court rulings in Graham v. Florida (2010) and
Miller v. Alabama (2012), in which the court imposed limitations on juvenile life-withoutparole sentences, the Committee remains concerned that some courts have ruled that the
3
12
United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women
Offenders (Bangkok Rules), rule 42.2.