A/HRC/25/60/Add.2
following an unfair trial before the Central Criminal Court in Iraq on 24 June 2010. The
sentence allegedly relied on statements extracted under torture from Mr. Omar and third
persons, some of whom reportedly later withdrew their statements made in court.
171. Mr. Omar was the subject of a previous communication, dated 30 November 2012; a
reply to this communication is still awaited from the Government of the United States of
America. The Special Rapporteur reiterates that each Government has the obligation to
protect the right to physical and mental integrity of all persons. This right is set forth inter
alia in the Universal Declaration of Human Rights, the International Covenant on Civil and
Political Rights (ICCPR), which the Government of the United States of America ratified
on 8 June 1992, and the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment and Punishment (CAT), which the Government of the United States
of America ratified on 21 October 1994. The Special Rapporteur reiterates that no
exceptional circumstances can be invoked to justify torture by the Government. Due to the
lack of further information, the Special Rapporteur finds that the Government of the United
States is responsible for the torture and ill-treatment to which Mr. Omar was subjected
while under the control of US military forces, in violation of international law.
(e)
UA 29/07/2013 Case No. USA 10/2013 State reply: None to date: Alleged prolonged
solitary confinement of Herman Wallace, Albert Woodfox, and Robert Kig Wilkerson at
the Louisiana State Penitentiary and the David Wade Correctional Centre, Louisiana. And
alleged insufficient medical care of Mr. Wallace regarding a diagnosis of liver cancer
(Update-Mr. Wallace was granted immediate release on 1 October 2013, and died four
days later).
172. The Special Rapporteur regrets that the Government of the United States of America
has not responded to this communication, thereby failing to cooperate with the mandate
issued by the Human Rights Council. The communication referred to the alleged prolonged
solitary confinement of Herman Wallace, Albert Woodfox, and Robert King Wilkerson at
Louisiana State Penitentiary and David Wade Correctional Centre, Louisiana, amounting to
cruel, inhuman or degrading treatment or torture and insufficient medical care received by
Mr. Wallace before his death. In 1972, Mr. Woodfox and Mr. Wallace were charged and
found guilty of murdering a prison guard and spent over forty years in solitary confinement,
reportedly the longest period of solitary confinement of any prisoner in the United States.
Mr. Wilkerson was convicted of conspiracy to murder a fellow inmate and spent twentynine years in solitary confinement. Mr. Wilkerson was released in February 2001. Mr.
Woodfox’s conviction has been overturned and reaffirmed several times, and he remains in
custody pending a ruling from the Fifth Circuit Court. Temperatures in Mr. Woodfox’s cell
are reportedly very high, reaching up to 100 degrees Fahrenheit. It was also alleged that
prison review boards have not made efforts in good faith to have fair and meaningful
hearings to assess the necessity of solitary confinement, setting aside consideration of the
prisoner’s behavior in the assessment. Reportedly, evidence used against Mr. Woodfox and
Mr. Wallace has been questioned, including allegations of bribery. The conditions of
confinement reported include 23-hour daily confinement, cells measuring 2 to 3 meters or
smaller, and severely limited social interaction with no access to work, education, or
rehabilitation programs. The conditions had reportedly had negative psychological and
physical consequences on the inmates, as acknowledged by a federal judge in 2007.
Additionally, Congressmen John Conyers, Cedric Richmond, Jerrold Nadler, and Bobby
Scott had expressed their concern for these constitutional violations and alleged that the
Attorney General in Louisiana was colluding with the Department of Corrections to
fabricate violations of prison rules to justify the inmates’ placement in solitary confinement.
The Special Rapporteur regrets that the Government has not responded to this
communication but notes that after forty-one years in solitary confinement, Mr. Wallace
was granted immediate release by US District Chief Judge Brian Jackson on 1 October
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