CAT/C/USA/CO/2
page 9
34.
The Committee reiterates the concern expressed in its previous recommendations about
the conditions of the detention of children, in particular the fact that they may not be completely
segregated from adults during pretrial detention and after sentencing. The Committee is also
concerned at the large number of children sentenced to life imprisonment in the State party
(art. 16).
The State party should ensure that detained children are kept in facilities separate
from those for adults in conformity with international standards. The State party
should address the question of sentences of life imprisonment of children, as these
could constitute cruel, inhuman or degrading treatment or punishment.
35.
The Committee remains concerned about the extensive use by the State party’s
law-enforcement personnel of electroshock devices, which have caused several deaths. The
Committee is concerned that this practice raises serious issues of compatibility with article 16 of
the Convention.
The State party should carefully review the use of electroshock devices, strictly
regulate their use, restricting it to substitution for lethal weapons, and eliminate the
use of these devices to restrain persons in custody, as this leads to breaches of
article 16 of the Convention.
36.
The Committee remains concerned about the extremely harsh regime imposed on
detainees in “supermaximum prisons”. The Committee is concerned about the prolonged
isolation periods detainees are subjected to, the effect such treatment has on their mental health,
and that its purpose may be retribution, in which case it would constitute cruel, inhuman or
degrading treatment or punishment (art. 16).
The State party should review the regime imposed on detainees in “supermaximum
prisons”, in particular the practice of prolonged isolation.
37.
The Committee is concerned about reports of brutality and use of excessive force by the
State party’s law-enforcement personnel, and the numerous allegations of their ill-treatment of
vulnerable groups, in particular racial minorities, migrants and persons of different sexual
orientation which have not been adequately investigated (art. 16 and 12).
The State party should ensure that reports of brutality and ill-treatment of
members of vulnerable groups by its law-enforcement personnel are independently,
promptly and thoroughly investigated and that perpetrators are prosecuted and
appropriately punished.
38.
The Committee strongly encourages the State party to invite the Special Rapporteur on
torture and other cruel, inhuman or degrading treatment or punishment, in full conformity with
the terms of reference for fact-finding missions by special procedures of the United Nations, to
visit Guantánamo Bay and any other detention facility under its de facto control.
39.
The Committee invites the State party to reconsider its express intention not to become
party to the Rome Statute of the International Criminal Court.