A/HRC/19/61/Add.4
United Kingdom of Great Britain and Northern Ireland
(a) UA 23/02/2011 Case No. GBR 1/2011 State reply: None to date Alleged risk of torture
for asylum seeker facing deportation.
168. The Special Rapporteur regrets that the Government of the United Kingdom of
Great Britain and Northern Ireland has not responded to this communication, thereby
failing to cooperate with the mandate issued by the Human Rights Council. The
communication referred to allegations of risk of torture for Mr. X, a homosexual man, if
returned to Burundi. The Special Rapporteur reiterates that article 3 of the UN Convention
against Torture holds 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. Based on the information received, the
Special Rapporteur determines that the rights of Mr. X under the UN Convention against
Torture are at risk of being violated. The Special Rapporteur calls on the Government not to
extradite Mr. X until a fair assessment of his risk of torture is conducted. In this context,
diplomatic assurances do not mitigate the Government‟s obligation to refrain from violating
the non-refoulement provision.
(b) JAL 11/11/2011 Case No. GBR 6/2011 State reply: 13/01/2012 26/01/2012 Concerns
regarding the remit and conduct of the forthcoming United Kingdom of Great Britain
and Northern Ireland (UK) Detainee Inquiry.
169. The Special Rapporteur is grateful to the Government for its responses to this
communication. Given the on-going dialogue between the mandate and the Government on
this case, the Special Rapporteur decides not to make observations on this case in the
present report.
United States of America
(a) UA 30/12/2010 Case No. USA 20/2010 State reply: 27/01/2011 19/05/2011 Allegations of
prolonged solitary confinement of a soldier charged with the unauthorized disclosure
of classified information.
170. The Special Rapporteur thanks the Government of the United States of America for
its response to this communication regarding the alleged prolonged solitary confinement of
Mr. Bradley E. Manning, a US soldier charged with the unauthorized disclosure of
classified information. According to the information received, Mr. Manning was held in
solitary confinement for twenty-three hours a day following his arrest in May 2010 in Iraq,
and continuing through his transfer to the brig at Marine Corps Base Quantico. His solitary
confinement - lasting about eleven months - was terminated upon his transfer from
Quantico to the Joint Regional Correctional Facility at Fort Leavenworth on 20 April 2011.
In his report, the Special Rapporteur stressed that “solitary confinement is a harsh measure
which may cause serious psychological and physiological adverse effects on individuals
regardless of their specific conditions.” Moreover, “[d]epending on the specific reason for
its application, conditions, length, effects and other circumstances, solitary confinement can
amount to a breach of article 7 of the International Covenant on Civil and Political Rights,
and to an act defined in article 1 or article 16 of the Convention against Torture.” (A/66/268
paras. 79 and 80) Before the transfer of Pfc Manning to Fort Leavenworth, the Special
Rapporteur requested an opportunity to interview him in order to ascertain the precise
conditions of his detention. The US Government authorized the visit but ascertained that it
could not ensure that the conversation would not be monitored. Since a non-private
conversation with an inmate would violate the terms of reference applied universally in
fact-finding by Special Procedures, the Special Rapporteur had to decline the invitation. In
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