A/HRC/34/54/Add.3
communication can amount to inhuman and degrading treatment, as consistently found
by, among others, the Human Rights Committee.
501. The Special Rapporteur therefore strongly urges the Government of the USA to
protect the right of prisoners to be free from torture or cruel, inhuman or degrading
treatment and comply with its international legal obligations under the CAT.
JUA 06/05/2016 Case No. USA USA 5/2016 State Reply: 20/07/2016 Allegations
concerning the failure to provide adequate medical care to Mr. Mustafa alHawsawi, detainee at Guantanamo Bay.
502. The Special Rapporteur thanks the Government of the United States of America for
its reply, dated 20 July 2016, to the present communication.
503. The Special Rapporteur takes note of the information provided by the Government
that it has granted defense counsel access to all of Mr. al-Hawsawi’s medical records,
that information regarding the specifics of Mr. al-Hawsawi’s medical condition cannot
be provided due to the ongoing litigation, and the Government’s assurances that all
inmates have access to the appropriate medical care. The Special Rapporteur regrets,
however, that no information is provided regarding the specific allegations that Mr. alHawsawi was denied access to appropriate medical treatment. Consequently, the Special
Rapporteur find 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 conclude that the Government fails to fully and expeditiously cooperate
with the mandate issued by the Human Rights Council in its resolution 25/13.
504. In the absence of information to the contrary, the Special 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 failing to protect the physical and psychological integrity of Mr. alHawsawi and provide him with adequate medical treatment, has violated the right of
Mr. al-Hawsawi to be free from torture or cruel, inhuman or degrading treatment, as
provided by articles 1, 2 and 16 of the Convention against Torture (CAT).
505. The Special 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 Nelson 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.” (A/RES/70/175)
506. The Special Rapporteur strongly urges the Government to comply with its
obligations under CAT. He invites the Government to keep him informed on
developments in Mr. al-Hawsawi’s treatment and condition.
JAL 29/06/2016 Case No. USA 6/2016 State reply: None to date Allegations
concerning discrimination, ill-treatment, excessive use of force, lack of medical
attention, food, and water, deaths in custody, and prolonged solitary confinement
of prisoners with psychosocial disabilities in prisons and jails.
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