A/HRC/31/57/Add.1 (h) JAL 30/04/2015 Case No. USA 10/2015 State replies: 24/06/2015 and 11/09/2015 Allegation concerning racial discrimination against Mr. Mumia Abu-Jamal, a person of African descent, and lack of access to appropriate medical treatment whilst in detention. 648. The Special Rapporteur thanks the Government of the United States of America for its replies, dated 24 June and 11 September 2015, to the present communication. 649. The Rapporteur takes note of the information provided by the Government that it reached out to officials in the Pennsylvania Department of Corrections (“DOC”) and that the DOC does not disclose the medical information of inmates in its care but assures that all inmates have access to the appropriate medical care. 650. The Rapporteur regrets, however, that no information is provided regarding the specific allegations concerning Mr. Abu-Jamal’s lack of access to appropriate medical treatment and hence finds that the Government, in its reply, does not sufficiently address the concerns, legal obligations, and questions raised in the initial communication, which prompts him to infer that the Government fails to fully and expeditiously cooperate with the mandate issued by the Human Rights Council in its resolution 25/13. 651. The Rapporteur would like to draw the Government’s attention to rules 24(2) and 27(1), respectively, of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules), which provide that “[h]ealth-care services should be organized in close relationship to the general public health administration and in a way that ensures continuity of treatment and care, and that “[a]ll prisons shall ensure prompt access to medical attention in urgent cases. Prisoners who require specialized treatment or surgery shall be transferred to specialized institutions or to civil hospitals. Where a prison service has its own hospital facilities, they shall be adequately staffed and equipped to provide prisoners referred to them with appropriate treatment and care.” Furthermore, rule 31 provides that “[t]he physician or, where applicable, other qualified health-care professionals shall have daily access to all sick prisoners, all prisoners who complain of physical or mental health issues or injury and any prisoner to whom their attention is specially directed.” (UN General Assembly, Note by the Secretariat, 29 September 2015, A/C.3/70/L.3). 652. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, available via the link above, and is therefore of the view that the Government of the United States of America by failsing to protect the physical and psychological integrity of Mr. Abu-Jamal, and provide him with adequate medical treatment, and thushas violatesd the right of Mr. Abu-Jamal to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 2 and 16 of the Convention against Torture. He invites the Government to keep him informed on developments of Mr. Abu-Jamal’s treatment. (i) JOL 03/06/15 CASE No. USA 12/2015 State Reply: 03/08/2015 Allegations concerning torture and complicity in arbitrary arrest, beatings, torture, incommunicado detention, and the extraordinary rendition of Mr. Abou Elkassim Britel. 653. The Special Rapport thanks the Government of United States for its reply, dated 3 August, 2015, to the present communication. 654. The Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns raised in the initial communication. In particular, the reply fails to indicate whether any investigation has taken place with regards to the allegations of torture and complicity in the arbitrary arrest, beatings, torture, incommunicado detention, and extraordinary rendition of Mr. Elkassim Britel, which prompts him to infer that the 108