UNITED NATIONS OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS NATIONS UNIES HAUT COMMISSARIAT DES NATIONS UNIES AUX DROITS DE L HOMME

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1 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 3/2013 Excellency, 18 March 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 throughout New York state prisons that subject thousands of incarcerated persons to prolonged solitary confinement, other extreme isolation practices, and inhuman or degrading conditions in detention, including the denial of adequate medical treatment. In this context I would also like to bring to your Excellency s Government s attention information I have received concerning the alleged prolonged solitary confinement of Mr. William Blake, Mr. Stephan Poole and Mr. Kenneth Wright. According to the information received: The practices of the New York State Department of Corrections and Community Supervision (DOCCS) allegedly subject thousands of inmates in prisons across the state to solitary confinement and other extreme isolation practices. It is alleged that the policies and practices undertaken by the DOCCS 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 in 39 prisons across New York state, nearly 4,500 prisoners are held in isolation cells, or Special Housing Units (SHUs), each day. It is further reported that more than 68,000 sentences placing inmates in SHUs have been imposed as punishment or disciplinary sanctions for prisoners violations of prison rules between 2007 and It is alleged that while the average length of the sentences is five months, many prisoners are held in extreme isolation for

2 multiple years. Sentences are allegedly imposed arbitrarily as a disciplinary sanction of first resort for minor, non-violent prisoner misbehavior. According to the information received, approximately half of the 4,500 inmates held in SHUs are placed in solitary confinement. Allegedly the inmates spend 23 hours of every day in lockdown in small isolation cells. The other half reportedly share isolation cells with one other prisoner, an extreme isolation practice referred to as double celling. It is further reported that vulnerable persons, including juveniles, the elderly, persons with psychosocial disabilities or histories of substance abuse, are also subjected to solitary confinement or double celling. According to the information received, prisoners in SHUs are deprived of all meaningful human contact, including telephone calls, recreational activities, or rehabilitation programs. It is also reported that inmates in SHUs are frequently deprived of basic necessities such as food, exercise, and basic hygiene. It is further reported that they experience difficulties in obtaining adequate medical treatment. According to additional information received: Mr. William Blake, 49 years old, incarcerated in an SHU at the Elmira Correctional Facility, has been held in a barren concrete cell with no furnishings other than a steel bed frame for 25 consecutive years. It is alleged that he has at least 48 years remaining on his sentence, and does not know whether he will ever be released from SHU because administrative segregation is indefinite in nature; New York State allegedly places no upper limit on the length of administrative segregation. It is reported that recreation consists of one hour in an empty space surrounded by concrete walls on three sides. DOCCS provides no exercise equipment. Furthermore, it is alleged that despite Mr. Blake s repeated requests, DOCCS has not provided an anticipated date of release from administrative segregation. DOCCS has also refused to tell Mr. Blake how or if he can earn release from the SHU. In a 2009 review of Mr. Blake s status, DOCCS included such statements in its reasoning: His long sentence would be an incentive for him to attempt another escape, as his only reasonable means of gaining freedom. But in a 2002 review, DOCCS recognized that neither Mr. Blake s disciplinary history nor his history while in DOCCS custody, standing alone, justified his continued status in administrative segregation. Mr. Blake reported that he struggles daily to cope with the intense emotions and the depression that bears down on him as he reflects on his quarter-century in extreme isolation. It is further reported that Mr. Stephan Poole, a 50 year old man imprisoned at the Upstate Correctional Facility (UCF), which was built exclusively for the purpose of holding prisoners in extreme isolation has received a sentence of 36 months in the SHU for allegedly planning an escape. In the eight years and nine months prior, he had allegedly not received any reports conveying his misbehaviour. Mr. Poole was transferred to Upstate Correctional Facility to serve the 36-month SHU sentence. At 2

3 Upstate, Mr. Poole has reportedly accumulated additional lengthy SHU sentences for non-violent prison infractions, including refusing to return a food tray. It is alleged that DOCCS places no limits on the number of consecutive SHU sentences a prisoner may be forced to serve. It is reported that as a result, Mr. Poole is currently serving more than two consecutive years in the SHU based on different sentences for nonviolent prison infractions occurring between 2010 and In addition, Mr. Poole has allegedly suffered a range of deprivations while in the SHU, some reportedly informal and others formal. For example, it is reported that months passed before DOCCS staff responded to Mr. Poole s requests for eye care. DOCCS allegedly also deprived Mr. Poole of nourishing, edible food by placing him on a restricted diet, also known as the loaf, on at least two occasions. The loaf is reportedly a tasteless brick of baked bread-and-vegetable matter that is served with a wedge of cabbage and plain water three times a day, in lieu of regular meals. Mr. Poole has allegedly developed insomnia, and paranoia and has become increasingly anti-social as a result of his confinement. According to the information received, Mr. Kenneth Wright, 28 years old and suffering from substance addiction is currently incarcerated at the Elmira Correctional Facility. It is reported that Mr. Wright has been repeatedly confined to SHU as punishment for the infraction of using marijuana, despite proactively seeking treatment from the DOCCS. Allegedly, after Mr. Wright s latest infraction, authorities subjected him to six additional months in SHU, failing to take steps to assess his medical condition and provide necessary treatment. It is reported that Mr. Wright has struggled with depression, hopelessness, and thoughts of suicide during his time in SHU. In addition, isolation in the SHU changed his behavior: he became more aggressive and started talking to himself. 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 throughout New York State prisons that subject thousands of incarcerated persons to prolonged solitary confinement, other extreme isolation practices, and inhuman or degrading conditions in detention, including the denial of adequate medical treatment and the alleged prolonged solitary confinement of Mr. William Blake, Mr. Stephan Poole and Mr. Kenneth Wright. I would like to stress that each Government has the obligation to protect the right to physical and mental integrity of all persons. This right is set forth inter alia in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 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 International Covenant on Civil and Political Rights (adopted at the 44 th session of the Human Rights Committee, 3

4 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). 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 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 (adopted by General Assembly resolution 43/173 of 9 December 1988). 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: 4

5 1. Are the facts alleged in the summaries accurate? 2. Please provide information on your Excellency s Government s assessment of the conditions and alleged practices throughout New York State prisons that subject thousands of incarcerated persons to prolonged solitary confinement, other extreme isolation practices, and inhuman or degrading conditions in detention, including the denial of adequate medical treatment. 3. 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. 4. Please provide information on all safeguards in place to ensure that the DOCCS s disciplinary process is 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. 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 Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment 5