E/CN.4/1998/38
page 40
United States of America
198. By letter dated 17 November 1997,
Government that he had received reports
of the use of excessive force by police
Department (NYPD) and the ill-treatment
the Special Rapporteur informed the
addressing in particular allegations
officers in the New York City Police
of inmates in prisons.
199. Excessive physical force by police officers in the NYPD had allegedly
been used in the course of arrests, disputes in public places and sometimes in
police custody. Repeated kicking and punching with fists, batons or other
objects were the most frequently reported forms of ill-treatment. Sometimes,
force was said to have been used after the suspect had already been handcuffed
or otherwise restrained. In some cases, suspects were said to have died after
police officers had forcibly restrained them. Practices of applying pressure
to the chest or neck, or placing suspects face-down in restraints with
resulting restrictions on respiratory movement may have led to asphyxia and
were in some cases said to have been fatal. Victims were said to come from
various backgrounds although many were alleged to be members of racial
minorities.
200. Regarding the ill-treatment of inmates in prisons, concerns had been
expressed that the reintroduction of chain gangs in the States of Alabama,
Arizona, Florida and others might constitute a form of cruel, inhuman or
degrading treatment or punishment. Prisoners in chain gangs were reportedly
required to perform heavy manual labour, such as rock-breaking or clearing
rubbish from the highway, while shackled together (or with their own legs
chained together) with metal chains, exposed to the public. In Alabama, for
example, prisoners attached to chain gangs were said to have to work
10-12 hours a day dressed in work suits imprinted with the words “Alabama
chain gang”. The chain gangs were said to be guarded by armed officers and
dogs. Prisoners reportedly had to remain chained when using toilet
facilities. Apparently, efforts had been undertaken to prohibit the practice
in Alabama, but the outcome was not known to the Special Rapporteur. Reports
concerning Alabama had further alleged the practice of handcuffing prisoners
to a hitching rail in the hot sun as punishment for refusal to work, causing
numbness, dizziness and pain.
201. Allegations had also been received concerning the abusive use of
electro-shock stun belts and stun guns. According to the information
received, stun devices, which incapacitate an inmate by transmitting electric
shocks, can reportedly cause high levels of pain and may result in serious
injuries, possibly even death in certain circumstances. Prolonged or repeated
application of stun devices is allegedly not sufficiently prevented by their
technological design. Reportedly, the devices may also have indiscriminate
effects in that people in contact with the target can receive shocks as well.
Although some States, including New York, Illinois and New Jersey, as well as
Washington D.C., had reportedly banned the use of stun weapons for law
enforcement and correctional purposes, they were still said to be used in
several other States. Remote-controlled electro-shock stun belts had
reportedly been introduced by a decision of the Federal Bureau of Prisons in
1994 to prevent high-risk inmates from escaping during transportation and
court appearances. Although the exact medical effects of the stun belt were
reportedly still unknown, its use was said to have been promoted as an
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents