http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13832
GENEVA (7 October 2013) – The United Nations Special Rapporteur on
torture, Juan E. Méndez, today called on the United States to
immediately end the indefinite solitary confinement imposed on Albert
Woodfox since 1972.
Mr. Woodfox was convicted of murder together with Herman Wallace, who was released last week when his conviction was overturned on appeal. A day later, on 2 October, Mr. Wallace died after battling cancer, having spent 41 years in solitary confinement.
Mr. Woodfox was convicted of murder together with Herman Wallace, who was released last week when his conviction was overturned on appeal. A day later, on 2 October, Mr. Wallace died after battling cancer, having spent 41 years in solitary confinement.
“This is a sad case and it is not over” stressed Mr. Méndez. “The
co-accused, Mr. Woodfox, remains in solitary confinement pending an
appeal to the federal court and has been kept in isolation in a
8-foot-by-12 foot (2.5 x 3.5 m. Approx.) cell for up to 23 hours per
day, with just one hour of exercise or solitary recreation.”
“Keeping Albert Woodfox in solitary confinement for more than four
decades clearly amounts to torture and it should be lifted
immediately,” said Mr. Méndez, who has repeatedly urged the US
Government to abolish the use of prolonged or indefinite solitary
confinement. “I am deeply concerned about his physical and mental
condition.”
“The circumstances of the incarceration of the so-called Angola
Three clearly show that the use of solitary confinement in the US
penitentiary system goes far beyond what is acceptable under
international human rights law,” the independent investigator on
torture and other cruel, inhuman or degrading treatment or punishment
noted.
Mr. Méndez welcomed the federal court ruling of 1 October 2013, but
noted that the use of solitary confinement and its negative effects on
inmates is widespread throughout the US penitentiary system.
“Persons held in solitary confinement should always be allowed to
challenge the reasons and the length of the regime, and should always
have access to legal counsel and medical assistance,” Mr. Méndez said.
The human rights expert urged the US Government to adopt concrete
measures to eliminate the use of prolonged or indefinite solitary
confinement under all circumstances.
“I call for an absolute ban of solitary confinement of any duration
for juveniles, persons with psychosocial disabilities or other
disabilities or health conditions, pregnant women, women with infants
and breastfeeding mothers as well as those serving a life sentence and
prisoners on death row,” he said.
The Special Rapporteur addressed the issue of solitary confinement
in the US in his 2011 report* to the UN General Assembly and in
numerous communications to the Government. He has also repeatedly
requested an invitation to carry out a visit to the country, including
state prisons in California, but so far has not received a positive
answer.
“It is about time to provide the opportunity for an in situ
assessment of the conditions in US prisons and detention facilities,”
Mr. Méndez reiterated.
Juan E. Méndez (Argentina) was appointed by the UN Human Rights
Council as the Special Rapporteur on torture and other cruel, inhuman
or degrading treatment or punishment on 1 November 2010. He is
independent from any government and serves in his individual capacity.
Mr. Méndez has dedicated his legal career to the defense of human
rights, and has a long and distinguished record of advocacy throughout
the Americas. He is currently a Professor of Law at the American
University – Washington College of Law and Co-Chair of the Human Rights
Institute of the International Bar Association. Mr. Méndez has
previously served as the President of the International Center for
Transitional Justice (ICTJ) until 2009, and was the UN
Secretary-General Special Advisor on the Prevention of Genocide from
2004 to 2007, as well as an advisor on crime prevention to the
Prosecutor, International Criminal Court, between 2009 and 2010. Learn
more, log on to: http://www.ohchr.org/EN/Issues/Torture/SRTorture/Pages/SRTortureIndex.aspx
(*) Check the 2011 report on solitary confinement:
http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N11/445/70/PDF/N1144570.pdf?OpenElement
or http://ap.ohchr.org/documents/dpage_e.aspx?m=103
UN Human Rights Country Page – United States of America: http://www.ohchr.org/EN/Countries/ENACARegion/Pages/USIndex.aspx
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