A/HRC/25/60/Add.2
2013 after overturning his conviction. Mr. Wallace died on 4 October 2013. The Special
Rapporteur reminds the Government of the United States of America 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 (UDHR), 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 or Punishment (CAT), which the
Government of the United States of America ratified on 21 October 1994. In this context,
he draws attention to paragraph 6 of General Comment No. 20 of the Human Rights
Committee, which states that prolonged solitary confinement of the detained or imprisoned
person may amount to acts prohibited by article 7 [on the prohibition of torture and other
cruel, inhuman or degrading treatment or punishment] of the ICCPR (adopted at the 44th
session of the Human Rights Committee, 1992). In this regard, he also points to article 7 of
the Basic Principles for the Treatment of Prisoners, which provides that “efforts addressed
to the abolition of solitary confinement as a punishment, or to the restriction of its use,
should be undertaken and encouraged” (adopted by the General Assembly by resolution
45/111 of 14 December 1990). Under the circumstances, the Special Rapporteur finds that
the United States has violated the rights of Messrs. Wallace, Woodfox and Wilkerson to
physical and mental integrity.
(f)
AL 15/08/2013 Case No. USA 12/2013 State reply: None to date Alleged torture of Mr.
Ahmed Abu Ali during interrogation to coerce a confession used to incriminate and
substantiate a conviction for participating in terrorist activities in Saudi Arabia and
alleged prolonged solitary confinement.
173. 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 alleged practices
conducted in collusion with the Saudi Arabian Government regarding the detention and
interrogation of Mr. Ahmed Abu Ali, the alleged prolonged solitary confinement at the
United States Penitentiary, Administrative Maximum Facility (“ADX”) in Florence,
Colorado, and the alleged detention without respect for his right to a fair trial and other
minimum due process guarantees. On 11 June 2003, Mr. Ali, an American citizen born in
Texas in 1981, was allegedly arrested at Medina University in Medina, Saudi Arabia at the
behest of the United States. He was beaten and whipped in prison until he admitted he was
part of an Al-Qaeda cell connected to the May 12 Riyadh bombings. Reportedly, Mr. Ali
was transferred to Riyadh where he was placed in solitary confinement for 40 days,
deprived of sleep, and coerced through torture to sign a 40-page statement created by Saudi
Arabian secret police (Mabahith). It was reported that Mr. Ali has permanently disabled
hands after being subjected to torture for nearly a month. Mr. Ali was also reportedly
visited by FBI agents in the detention facility in Riyadh, who threatened to transfer him to
Guantanamo Bay and label him an “enemy combatant” if he did not give testimony that
incriminated the defendants at the Royer trial. Mr. Ali had reportedly been placed in
solitary confinement months at a time. It was reported that Mr. Ali’s trial was not conducted
fairly and that a motion to vacate his sentence was pending. During the trial, it was reported
that the defense brought expert witnesses who testified that the marks on Mr. Ali’s back, the
unbearable pain in his hands impeding his ability to hold a pen, and that the psychological
stress he now experiences are consistent with his claims of being tortured. Mr. Ali is being
detained in the United States Penitentiary Administrative Maximum Facility (“ADX”) in
Florence, Colorado. He is allegedly being subjected to prolonged solitary confinement,
including 23-hour a day lock down in a 7 by 12 foot cell. In 2009, Mr. Ali reportedly was
involved in a hunger strike protesting poor prison conditions. 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
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