UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Juan Mendez, presented his annual report to the Third Committee of the General Assembly on 18 October 2011. The Special Rapporteur’s report this year focuses on the issue of solitary confinement, a practice he described as “global in nature and subject to widespread abuse.”

UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Juan Mendez, presented his annual report to the Third Committee of the General Assembly on 18 October 2011. The Special Rapporteur’s report this year focuses on the issue of solitary confinement, a practice he described as “global in nature and subject to widespread abuse.”

Mr Mendez defined solitary confinement as the physical and social isolation of individuals who are confined to their cells for 22 to 24 hours a day, and suggested 15 days as the limit between ‘solitary confinement’ and ‘prolonged solitary confinement.’ Furthermore, he proposed a worldwide ban on ‘prolonged solitary confinement’. Referring to the literature on this issue, Mr Mendez noted that 15 days is the point at which harmful effects can become irreversible. In response a comment by Switzerland, Mr Mendez later acknowledged the arbitrary nature of establishing a point in time at which an already harmful situation becomes unacceptable, concluding that it is derived from both subjective and objective factors. The Special Rapporteur’s report provides principles to guide and assist States in the use of solitary confinement. This includes a number of situations in which solitary confinement should never be used: as punishment, in pre-trial detention, indefinitely, and as for persons with mental disabilities and juveniles.

Although only six delegations engaged in the dialogue, those that spoke thanked and welcomed the efforts of the Special Rapporteur, and asked questions about cooperation, future initiatives, the case of transition States, and alternative and preventative measures. Despite welcoming the Special Rapporteur’s report, the United States underlined that the principles in the report “are not legal obligations” and that these may go beyond what is required by international law and State practice. The EU asked about the difference, if any, between incommunicado detention and solitary confinement. Although Mr Mendez did not provide a definite answer, he stated that the former should be used only in exceptional circumstances, for less than 15 days, and monitored by a judicial authority.

As was the case in other interactive dialogues this year, the issue of cooperation with other UN actors was put to Mr Mendez. He explained that he works with a number of other relevant mandate holder and that he has a good working relationship with the Committee Against Torture (CAT) and the Sub-Committee on the Prevention of Torture (SPT). He provided the example that many of his communications to States are sent jointly with other Special Rapporteurs/working groups. However, Mr Mendez stated that cooperation is not necessarily established and that this issue needs further attention.

Reflecting current events, the interactive dialogue also touched on the issue of transition States. In response to a question from Switzerland, Mr Mendez acknowledged that transitions towards democracy are a good time to address the issue of torture. With the full cooperation of the interim Government, Mr Mendez conducted a visit to Tunisia in May 2011 to assess past abuses and identify measures needed to prevent torture and other forms of inhuman and degrading treatment. Mr Mendez was “heartened” by the efforts of both the Tunisian authorities and civil society. The final report of this mission will be reported to the Human Rights Council (the Council) in May 2012. The Special Rapporteur had also hoped to visit Iraq in 2011 but the mission was cancelled at the last minute due to lack of cooperation from the Iraqi government. The Special Rapporteur confirmed that he has had interactions with other countries in the Arab world, and hopes to maintain an open dialogue and participate in country visits. Unfortunately, the issue of peaceful protestors was not addressed by Mr Mendez, despite being raised by the United States as an issue of concern.