The UN High Commissioner for Human Rights has recently released an addendum to its 2011-report on the following subject:
Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Méndez (pdf document).
The Special Rapporteur is Juan E. Méndez, a Human Rights scholar from Argentina.
From 1996 to 1999, Mendez served as the Executive Director of the Inter-American Institute of Costa Rica. He then worked as a Professor of Law and Director of the Center for Civil and Human Rights at the University of Notre Dame from October 1999 to 2004.[4]
In 2001, Mendez began working for the International Center for Transitional Justice (ICTJ), an international human rights NGO. He served as its president from 2004 to 2009, and currently is its President Emeritus. He is also currently the UN Special Rapporteur on Torture.
Mendez has taught human rights law at Georgetown Law School, the Johns Hopkins School of Advanced International Studies, and the University of Oxford Masters Program in International Human Rights Law in the UK.
Prof. Méndez does not mince words as it relates to the treatment of Manning. The relevant section of the report is found on pages 74-75 of the document linked above.
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In his report, the Special Rapporteur stressed that “solitary confinement is a harsh measure which may cause serious psychological and physiological adverse effects on individuals regardless of their specific conditions.” Moreover, “[d]epending on the specific reason for its application, conditions, length, effects and other circumstances, solitary confinement can amount to a breach of article 7 of the International Covenant on Civil and Political Rights, and to an act defined in article 1 or article 16 of the Convention against Torture.” (A/66/268 paras. 79 and 80) Before the transfer of Pfc Manning to Fort Leavenworth, the Special Rapporteur requested an opportunity to interview him in order to ascertain the precise conditions of his detention. The US Government authorized the visit but ascertained that it could not ensure that the conversation would not be monitored. Since a non-private conversation with an inmate would violate the terms of reference applied universally in fact-finding by Special Procedures, the Special Rapporteur had to decline the invitation. In 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.
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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.
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The Guardian has reviewed the report and interviewed its author:
Mendez, who runs the UN office that investigates incidents of alleged torture around the world, told the Guardian: “I conclude that the 11 months under conditions of solitary confinement (regardless of the name given to his regime by the prison authorities) constitutes at a minimum cruel, inhuman and degrading treatment in violation of article 16 of the convention against torture. If the effects in regards to pain and suffering inflicted on Manning were more severe, they could constitute torture.”
No doubt, the treatment Manning is getting is simply good, old fashioned coercion. Break him down, make him submit.
It is also a travesty in human rights terms.