A/HRC/19/61/Add.4
response to the Special Rapporteur‟s request for the reason to hold an unindicted detainee
in solitary confinement, the government responded that his regimen was not “solitary
confinement” but “prevention of harm watch” but did not offer details about what harm was
being prevented. To the Special Rapporteur‟s request for information on the authority to
impose and the purpose of the isolation regime, the government responded that the prison
rules authorized the brig commander to impose it on account of the seriousness of the
offense for which he would eventually be charged. The Special Rapporteur concludes that
imposing seriously punitive conditions of detention on someone who has not been found
guilty of any crime is a violation of his right to physical and psychological integrity as well
as of his presumption of innocence. The Special Rapporteur again renews his request for a
private and unmonitored meeting with Mr. Manning to assess his conditions of detention.
(b) AL 15/06/2011 Case No. USA 8/2011 State reply: None to date Follow-up to a letter sent
13 May 2011 requesting a private unmonitored meeting with Private (Pfc.) Bradley
Manning.
171. The Special Rapporteur thanks the Government of the United States of America for
its response to the communication dated 13 May 2011 requesting a private unmonitored
meeting with Private Bradley Manning. Regrettably, to date the Government continues to
refuse to allow the Special Rapporteur to conduct private, unmonitored, and privileged
communications with Private Manning, in accordance with the working methods of his
mandate (E/CN.4/2006/6 paras. 20-27).
(c) JUA 19/08/2011 Case No. USA 15/2011 State reply: None to date Alleged torture and illtreatment in immigration facilities.
172. The Special Rapporteur regrets that the Government of the United States of America
to date has not responded to the communication dated 19 August 2011, regarding the
allegations of torture and ill-treatment in immigration facilities. According to the
information received, 16 gay and transgender individuals have allegedly been subjected to
solitary confinement, torture and ill-treatment while in detention in U.S. immigration
facilities. Furthermore, there was reportedly a lack of protection from persecution and
respect for the principle of non-refoulement for those who risk torture if returned to their
home countries on account of their sexual orientation, gender identity or HIV status. In this
regard, the Special Rapporteur would like to draw the attention of the Government to
paragraph 6 of General Comment No. 20 of the Human Rights Committee, to article 7 of
the Basic Principles for the Treatment of Prisoners, to the Body of Principles for the
Protection of All Persons under Any Form of Detention or Imprisonment and the Standard
Minimum Rules for the Treatment of Prisoners, particularly rule 22 (2). Given the lack of
any evidences to the contrary, the Special rapporteur believes that the fact reveal that there
have been various violations of the provisions under the Convention against Torture, in
particular breach of articles 7 and 12. The Special Rapporteur calls on the Government to
undertake a prompt and impartial investigation on the conditions of detention, solitary
confinement and ill-treatment of the immigrants, prosecute and punish those responsible,
and ensure that the victims obtain redress, including fair and adequate compensation, ands
as full rehabilitation as possible.
(d) AL 16/09/2011 Case No. USA 16/2011 State reply: 30/11/2011 Alleged widespread use of
solitary confinement, including its prolonged and indefinite use and the imposition of
solitary confinement on individuals with mental disabilities.
173. The Special Rapporteur is grateful that the Government of the United States of
America replied to the allegation letter of 16 September 2011. Considering the on-going
dialogue on the issues raised between the mandate and the Government, the Special
Rapporteur decides not to make observations on this case in the present report. He
encourages the Government to continue its engagement with the mandate.
75
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