A/HRC/22/53/Add.4
refoulement for those who risk torture if returned to their home countries on account of their
sexual orientation, gender identity or HIV status. In its reply, the Government of the United
States indicated that it is currently investigating these allegations, but has not provided any
further details. The Government also refused to comment on whether the standards under the
Prison Rape Elimination Act (PREA) would be extended to include immigration detention
facilities. The Government stated that a wide variety of complaint, investigation, and medical
assistance mechanisms have been established in immigration facilities, and that it is currently
revising its prisoner risk assessment procedures and general detention standards, so as to
provide enhanced protection to LGBT detainees. The Government, however, did not specify
the exact measures that will be adopted under these initiatives. The Special Rapporteur would
like to draw the attention of the Government to paragraph 6 of General Comment No. 20 of
the Human Rights Committee, to article 7 of the Basic Principles for the Treatment of
Prisoners, to the Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment and the Standard Minimum Rules for the Treatment of Prisoners,
particularly rule 22 (2). Given the lack of evidence to the contrary, the Special Rapporteur
determines that the rights of the aforementioned victims have been violated under the
Convention against Torture. The Special Rapporteur calls on the Government to ensure the
continued investigation of the allegations, and to prosecute and punish those responsible, and
to provide the victims with fair and adequate compensation and rehabilitation.
(i)
UA 29/11/2011 Case No. USA 21/2011 State reply: 17/02/2012 Alleged prolonged
solitary confinement used on individuals suspected or convicted of terrorism-related
charges.
179. The Special Rapporteur thanks the Government of the United States of America for its
response to this communication regarding the alleged prolonged solitary confinement of
individuals suspected or convicted of terrorism-related offences. According to the
information received, Mr. Syed Fahad Hashmi, Mr. Zaid Safarini, and other individuals have
allegedly been held in prolonged solitary confinement, including during pre-trial detention.
Furthermore, these prisoners have allegedly not been provided with adequate mechanisms
through which they can challenge the conditions of their confinement. In its reply, the
Government of the United States explained that solitary confinement under so called Special
Administrative Measures (SAMs), may only be imposed where necessary to protect national
security, and may not exceed one year at a time. The Government further states that inmates
under SAMs and other forms of solitary confinement are afforded adequate due process, and
are given reasonably prompt notification of the conditions of their confinement. In regards to
Mr. Sarafini, the Government states that he was not subjected to SAMs, but does not state
whether or not he was subjected to other forms of solitary confinement. The Government
does not address the case of Mr. Hashmi. The Special Rapporteur reiterates that the practice
of solitary confinement can amount to cruel, inhuman or degrading treatment or torture, due
to the punitive nature of the punishment and the pain and suffering it may inflict on the
accused. The Special Rapporteur further draws the Government's attention 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.” In the absence of contrary evidence, the Special Rapporteur
determines that the victims‟ rights under the UN Convention against Torture have been
violated, and calls on the Government of the United States to undertake a prompt,
independent and effective investigation of these facts, leading to prosecution and punishment
of the responsible parties, and to provide redress to the victims.
101
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