A/HRC/19/61/Add.4 response to the Special Rapporteur‟s request for the reason to hold an unindicted detainee in solitary confinement, the government responded that his regimen was not “solitary confinement” but “prevention of harm watch” but did not offer details about what harm was being prevented. To the Special Rapporteur‟s request for information on the authority to impose and the purpose of the isolation regime, the government responded that the prison rules authorized the brig commander to impose it on account of the seriousness of the offense for which he would eventually be charged. The Special Rapporteur concludes that imposing seriously punitive conditions of detention on someone who has not been found guilty of any crime is a violation of his right to physical and psychological integrity as well as of his presumption of innocence. The Special Rapporteur again renews his request for a private and unmonitored meeting with Mr. Manning to assess his conditions of detention. (b) AL 15/06/2011 Case No. USA 8/2011 State reply: None to date Follow-up to a letter sent 13 May 2011 requesting a private unmonitored meeting with Private (Pfc.) Bradley Manning. 171. The Special Rapporteur thanks the Government of the United States of America for its response to the communication dated 13 May 2011 requesting a private unmonitored meeting with Private Bradley Manning. Regrettably, to date the Government continues to refuse to allow the Special Rapporteur to conduct private, unmonitored, and privileged communications with Private Manning, in accordance with the working methods of his mandate (E/CN.4/2006/6 paras. 20-27). (c) JUA 19/08/2011 Case No. USA 15/2011 State reply: None to date Alleged torture and illtreatment in immigration facilities. 172. The Special Rapporteur regrets that the Government of the United States of America to date has not responded to the communication dated 19 August 2011, regarding the allegations of torture and ill-treatment in immigration facilities. According to the information received, 16 gay and transgender individuals have allegedly been subjected to solitary confinement, torture and ill-treatment while in detention in U.S. immigration facilities. Furthermore, there was reportedly a lack of protection from persecution and respect for the principle of non-refoulement for those who risk torture if returned to their home countries on account of their sexual orientation, gender identity or HIV status. In this regard, 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 any evidences to the contrary, the Special rapporteur believes that the fact reveal that there have been various violations of the provisions under the Convention against Torture, in particular breach of articles 7 and 12. The Special Rapporteur calls on the Government to undertake a prompt and impartial investigation on the conditions of detention, solitary confinement and ill-treatment of the immigrants, prosecute and punish those responsible, and ensure that the victims obtain redress, including fair and adequate compensation, ands as full rehabilitation as possible. (d) AL 16/09/2011 Case No. USA 16/2011 State reply: 30/11/2011 Alleged widespread use of solitary confinement, including its prolonged and indefinite use and the imposition of solitary confinement on individuals with mental disabilities. 173. The Special Rapporteur is grateful that the Government of the United States of America replied to the allegation letter of 16 September 2011. Considering the on-going dialogue on the issues raised between the mandate and the Government, the Special Rapporteur decides not to make observations on this case in the present report. He encourages the Government to continue its engagement with the mandate. 75

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