NATIONS UNIES HAUT COMMISSARIAT DES NATIONS UNIES AUX DROITS DE L HOMME PROCEDURES SPECIALES DU CONSEIL DES DROITS DE L HOMME UNITED NATIONS OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS SPECIAL PROCEDURES OF THE HUMAN RIGHTS COUNCIL Mandate of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. REFERENCE: AL G/SO 214 (53-24) USA 4/2013 Excellency, 8 May 2013 I have the honour to address you in my capacity as Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment pursuant to Human Rights Council resolution 16/23. In this connection, I would like to bring to your Excellency s Government s attention information I have received concerning alleged practices at the United States Penitentiary Administrative Maximum Facility (ADX) in Florence, Colorado, that subject between 400 and 500 inmates to prolonged solitary confinement and inhuman or degrading conditions in detention, including the denial of adequate medical treatment. According to the information received: Inmates at the United States Penitentiary Administrative Maximum Facility ( ADX ) in Florence, Colorado, are held in prolonged solitary confinement, sometimes for several years. It is alleged that these practices cause severe physical and mental pain and suffering rising to the level of torture and other cruel, inhuman or degrading treatment. It is reported that ADX Florence, a federal supermax facility, was original created in 1994 to temporarily house inmates from other federal prisons as punishment for behavior that threatened the safety of prison staff and inmates at prisons throughout the federal system. In practice, however, it is alleged that the facility is no longer a temporary tool for discipline but now a long-term facility and used to house inmates for prolonged periods of time. Since ADX was envisioned as a facility for administrative punishment, most of its inmates are kept in solitary confinement. According to information received, between 400 and 500 inmates are held at ADX, spending 20 to 24 hours per day in individual cells measuring 12 by 7 feet (3.6 by 2.1 meters) with virtually no meaningful human interaction, and intellectual stimulation, leaving inmates to live with nothing more than their
thoughts. Furthermore, it is reported that many ADX inmates suffer from severe mental illness due to their isolation and are denied access to adequate psychiatric care and treatment. According to the information received extended periods of solitary confinement is a hallmark practice in ADX. It is reported that two Units are known for the severe isolation that its prisoners are subjected to: the Control Unit and the Special Housing Unit ( SHU ). The Control Unit houses inmates who are considered to be the most disruptive individuals within the Federal prison system and is the most secure and isolated unit currently in use at ADX. Prisoners housed in the Control Unit are isolated from the rest of the ADX population at all times and face extended periods of solitary confinement. In addition to the physical isolation, prisoners housed in the Control Unit are also prohibited by a Bureau of Prisons policy from being administered psychotropic drugs, or psychiatric medicines, regardless of whether those medicines or drugs are necessary to the well-being of the inmate. It is alleged that although the Director of the Bureau of Prisons testified that inmates currently suffering from active mental disorders or major physical disabilities are not referred to the Control Unit, cases indicate the contrary. Due to the alleged lack of access to essential psychiatric medications, inmates reportedly suffer from behavioral problems, cause disturbances while in the Control Unit and, thus, perpetuating their stay in the Unit for long periods of time. In addition to a lack of access to necessary medication, there are reportedly only two psychologists present in ADX, responsible for the medical care of over 450 inmates, making it inevitable that they are not receiving adequate mental health care. Furthermore it is reported that the Special Housing Unit places prisoners in isolating conditions similar to the Control Unit, keeping prisoners completely separate from each other, even during recreational activities. According to the information received they are not given access to televisions nor radios and are generally kept in cells with nothing but a mattress and minimal clothing. Furthermore, prisoners who are housed in the four General Population Units are allegedly isolated as well, spending at least 22 hours per day alone in their cells, five days a week. For the other two days of the week, they are reportedly confined to their cells for 24 hours. According to the information received they are afforded limited recreation periods and are confined to outdoor cages, that measure 10 x 10 feet, or to individual recreation rooms, that usually only contain a pull up bar, for a few hours at a time. Again, it is alleged that interaction with other prisoners is rare; prisoners reportedly resort to shouting through the thick walls of their cells or attempt contact by yelling through the toilets, slots in the doors, or the vents in their cells. It is also reported that when prisoners are actually allowed outside of their cells, they are subjected to extensive strip-searches, have their wrists shackled, and then are moved. When they are returned to their cells, they are subjected to intensive strip-searches again. 2
It is alleged that although it has been recognized in the United States that the practice of solitary confinement has tremendously harmful effects on prisoners, ADX officials continue to place individuals under these debilitating conditions. It is reported that the negative effects of solitary confinement are so common that psychiatrists associate a syndrome with prolonged solitary confinement, known as Reduced Environmental Stimulation ( RES ) Syndrome. Furthermore, individuals suffering from this syndrome reportedly often have perceptual distortions, hallucinations, panic attacks, difficulties talking, and paranoia, among other symptoms. It is also reported that according to new scientific evidence, many prisoners placed in supermax confinement begin to suffer from apathy, lethargy, and despair. The lack of medical treatment of mental illness is due to the fact that prisoners who already suffer from this vulnerability find their conditions aggravated by solitary confinement. It is furthermore reported that on 19 June 2012, the United States Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights held a hearing on solitary confinement. The Chair of the Committee, Senator Dick Durbin, proclaimed that United States must look in the mirror and consider our own human rights record, by holding the first ever Congressional hearing on solitary confinement. During the hearing it was reportedly demonstrated that many studies indicate that a third of prisoners in solitary confinement suffer from mental illness, and that 50% of all prison suicides occur in solitary confinement units. Finally, it is reported that the procedures for transferring inmates to and from ADX grant prison staff with wide discretion in decision-making, reportedly allowing for arbitrary transfer of inmates to ADX without affording them a hearing or notice of charges against them. In a similar case involving the ADX and the use of prolonged solitary confinement, the Special Rapporteur on torture has sent a communication on 29 November 2011 (ref. UA G/SO 214 (53-24) USA 21/2011). In its reply, the Government of the United States explained that under the Code of Federal Regulations (CFR) 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. In this context the Government explained that SAMs can only be implemented in two well-defined and limited circumstances. One basis is if the measures are reasonably necessary to prevent disclosure of classified information, e.g. that the unauthorized disclosure of such information would pose a threat to the national security, and that there is a danger that the inmate will disclose such information (national security cases). The other basis is that there is substantial risk that a prisoner s communications or contacts with persons could result in death or serious bodily injury to persons or substantial damage to property that would entail the risk of death or serious bodily injury to persons (acts of violence and terrorism cases). Furthermore, the Government explained that SAMs are imposed for limited periods of time, subject to renewal. 3
In a national security case, an inmate may initially be placed on SAMs for a period of time as determined by the Director, up to one year. In acts of violence or terrorism cases, SAMs may be imposed on an inmate for up to 120 days or, with the approval of the Attorney General, a longer period of time not to exceed one year. SAMs in both types of cases may be extended in increments not to exceed one year at a time if the Attorney General and the Director receive written certifications from the Head of a federal law enforcement or intelligence agency as appropriate, that there is a continuing need and basis for the imposition of the SAMs. The Government further explained 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. The inmates may seek review or modification of any special restrictions through the Federal Bureau of Prisons Administrative Remedy Program. The Government also informed that as of December 2011 the ADX housed 33 inmates with SAMs. Serious concern is expressed about the alleged practices at the United States Penitentiary Administrative Maximum Facility (ADX) in Florence, Colorado, that subject between 400 and 500 inmates to prolonged solitary confinement and inhuman or degrading conditions in detention, including the denial of adequate medical treatment. Without in any way implying any conclusion as to the facts of the case, I would like to appeal to your Excellency s Government to seek clarification of the circumstances regarding the alleged practices at the United States Penitentiary, Administrative Maximum Facility (ADX) in Florence, Colorado, that subject inmates to prolonged solitary confinement and inhuman or degrading conditions in detention, including the denial of adequate medical treatment to inmates suffering from severe mental illness. I would like to stress that each Government has the obligation to protect the right to physical and mental integrity of all persons under its jurisdiction. This right is set forth inter alia in the Universal Declaration of Human Rights (UDHR), the International Convenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment (CAT). In this connection, I would like to draw attention of your Excellency s Government to article 10, paragraph 1 of the ICCPR, which provides that All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. In this context, I would like to draw the attention of your Excellency s Government to paragraph 6 of General Comment No. 20 of the Human Rights Committee. It states that prolonged solitary confinement of the detained or imprisoned person may amount to acts prohibited by article 7 [on the prohibition of torture and other cruel, inhuman or degrading treatment or punishment] of the ICCPR (adopted at the 44th session of the Human Rights Committee, 1992). In this regard, I would also like to draw your 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 (adopted by the General Assembly by resolution 45/111 of 14 December 1990). 4
In addition, I would like to draw the attention of your Excellency s Government to my interim report to the General Assembly of 5 August 2011 (A/66/268) stating that where the physical conditions and the prison regime of solitary confinement cause severe mental and physical pain or suffering, when used as a punishment, during pre-trial detention, indefinitely, prolonged, on juveniles or persons with mental disabilities, it can amount to cruel, inhuman or degrading treatment or punishment and even torture. Paragraph 26 of the report states that, of particular concern to the Special Rapporteur is prolonged solitary confinement, which he defines as any period of solitary confinement in excess of 15 days. He is aware of the arbitrary nature of the effort to establish a moment in time which an already harmful regime becomes prolonged and therefore unacceptably painful. He concludes that 15 days is the limit between solitary confinement and prolonged solitary confinement because at that point, according to the literature surveyed, some of the harmful psychological effects of isolation can become irreversible. Furthermore, I would also like to draw the attention of your Excellency s Government to the Standard Minimum Rules for the Treatment of Prisoners (Adopted by the Economic and Social Council by resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977). Rule 22 provides that, (s)ick prisoners who require specialist treatment shall be transferred to specialized institutions or to civil hospitals. Where hospital facilities are provided in an institution, their equipment, furnishings and pharmaceutical supplies shall be proper for the medical care and treatment of sick prisoners, and there shall be a staff of suitable trained officers. Furthermore, Rule 25(1) provides that, (t)he medical officer shall have the care of the physical and mental health of the prisoners and should daily see all sick prisoners, all who complain of illness, and any prisoner to whom his attention is specially directed (approved by the Economic and Social Council by resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977). In addition, I would also like to draw your Excellency s Government s attention to the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment adopted by the General Assembly on 9 December 1988 by resolution 43/173. The Committee against Torture and the Human Rights Committee have consistently found that conditions of detention can amount to inhuman and degrading treatment. Moreover, it is my responsibility under the mandates provided to me by the Human Rights Council, to seek to clarify all cases brought to my attention. Since I am expected to report on these cases to the Human Rights Council, I would be grateful for your cooperation and your observations on the following matters: 1. Are the facts alleged in the summary accurate? 2. Please provide information on your Excellency s Government s assessment of the conditions and alleged practices at the United States Penitentiary Administrative Maximum Facility (ADX) in Florence, Colorado, that subject inmates to prolonged solitary confinement and inhuman or degrading conditions in detention, including the denial of adequate medical treatment. 5
3. Please provide information on the number of inmates currently detained at ADX and held in solitary confinement, including those under SAMs. Please provide information on the use of solitary confinement other than under the Special Administrative Measures (SAMs). 4. Please provide information on measures taken by your Excellency s Government to ensure that inmates suffering from severe mental illness shall not, under any circumstances, be placed under solitary confinement and measures taken to assure adequate medical treatment to those inmates. 5. Please provide information on all safeguards in place to ensure that the disciplinary process and the procedures for transferring inmates to and from ADX as well as the imposition of SAMs are in compliance with the minimum due process requirements, including access to adequate remedies to question the reason and the length of the measure and the access to legal counsel and medical assistance. Please also provide information on the "step down" process at ADX, its legal grounds and requirements for inmates to access this process. 6. Please provide information on the Federal Bureau of Prisons Administrative Remedy Program s remedy procedures for individuals challenging the imposition or continuation of SAMs. Please provide information on the possibility to appeal the decisions taken by the Administrative Remedy Program, including the possibility to challenge those decisions before a court and the substantive opportunities for review. 7. Please provide information on measures taken by your Excellency s Government to reduce the use of solitary confinement and to abolish prolonged solitary confinement and other extreme isolation practices within the penitentiary system. I would appreciate a response within sixty days. Your Excellency s Government s response will be made available in a report to the Human Rights Council for its consideration. While waiting for your response, I urge your Excellency s Government to take all necessary measures to guarantee that the rights and freedoms of the above mentioned persons are respected and, in the event that your investigations support or suggest the above allegations to be correct, the accountability of any person responsible of the alleged violations should be ensured. I also request that your Excellency s Government adopt effective measures to prevent the recurrence of these acts. Please accept, Excellency, the assurances of my highest consideration. Juan E. Méndez 6
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment 7