PART 2: Procedures of the Human Rights Commitee and the Committee against Torture
percent (see above, paragraph 11). NGO’s report supports the author’s allegations in this respect
(see Annex 14).
60. Contrary to Rules 10-21, adequate bedding, clothing, food and hygiene facilities were not supplied. Adequate medical care was not provided, contrary to Rules 22-26 (a copy of the Standard
Minimum Rules for the Treatment of Prisoners is contained in Annex 45 for the convenience of
the Committee members).
61. In its Concluding Observation on Uganda, the Human Rights Committee expressed concern
about the overcrowded conditions, the lack of food, the poor sanitary conditions and inadequate
material available to inmates.358 Similar conditions prevailed in this case.
62. Finally, State X was in clear violation of article 10(2)(a) as remand prisoners, such as the author,
were not segregated from convicted prisoners.
Incommunicado Detention
63. In the event that incommunicado detention is not held to be a breach of article 7 of the ICCPR,
the author submits that his incommunicado detention is in breach of article 10 of the ICCPR.
In Arutyunyan v. Uzbekistan (Comm. No. 917/2000), two weeks’ incommunicado detention was
found to breach article 10. It is submitted that even shorter periods of incommunicado detention
breach article 10, as incommunicado detention is simply an unacceptable and inhumane way
of treating prisoners. There is no conceivable justification for denying the author access to the
outside world for four days. Therefore, the four days of incommunicado detention in this case
constitute a violation of article 10.
D. CONCLUSION
64. In light of the above, the Author respectfully requests that the Committee:
• Declare that the State Party, X, has breached the following articles of the International Covenant
on Civil and Political Rights: 7, 10, and has breached article 2(3) when read in conjunction with
articles 7 and 10.
• Recommend that X adopt all necessary action to:
a.
Fully investigate the circumstances of the torture and ill-treatment of the Author and, based
on the results of such investigation, take appropriate measures against those responsible for
that treatment;
b.
Adopt measures to ensure that the Author receives full and adequate compensation for the
harm he has suffered.
Dated the day of 2006.
............
Mr. L
Counsel for Victim
LIST OF ANNEXES
Annex No. / Document
1.
Passport of Victim
2.
Authorization letter for Mr. L to act as Legal
3.
Counsel for Victim
4.
Witness Statement of Mrs. A
358 HRC, Concluding Observations on Uganda, (2004) CCPR/C/80/UGA.
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