Press Release from Scotland Against Crimiinalising Communities Monday 28 November 2011
Human Rights group Scotland Against Criminalising Communities (SACC) will shortly be contacting the governments of Britain, the USA, France, Germany, Turkey and Australia asking them to take action to eliminate long-term solitary confinement and isolation of prisoners.
The announcement comes days after Parliament debated Britain's extradition arrangements, including the arrangements for evidence-free extradition to the USA, where prisoner isolation is commonplace.
Caroline Lucas MP (Green) said in the debate that Babar Ahmad - a British citizen wanted by the US on terrorism charges - would face a "life sentence without parole, in solitary confinement in a supermax prison" if convicted in the US.
Babar Ahmad, Talha Ahsan and several other men have appealed to the European Court of Human Rights asking for their extradition to the US to be blocked. The court will not be taking account of the bizarre circumstances that have left Babar Ahmad and Talha Ahsan facing trial in the US for activities allegedly carried out in Britain - circumstances that Dominic Raab MP (Conservative) and Andy Slaughter MP (Labour) both described in Parliament last week as "Kafkaesque." But it will be deciding whether extradition would violate Ahmad and Ahsan's human rights because of the near-certainty that they would face long-term solitary confinement in the US.
The issue is controversial because the US Supreme Court has so far refused to rule that long-term solitary confinement violates the US Constitution's ban on "cruel and unusual punishments." That means that the US Constitution appears not to provide safeguards that are widely thought to be provided by the European Convention on Human Rights. If the European Court of Human Rights finds that to be the case, it will be a serious embarrassment to the US Government. On the other hand, if the Court allows the extraditions to go ahead it could open the door to greater use of isolation in European prisons.
Caroline Lucas told MPs on Thursday that a decision is expected from the Court before the end of the year.
SACC believes that it is vital, whatever decision the Court reaches, to take steps to ensure that long term prisoner isolation is consigned to the dustbin of history.
SACC gave its support a year ago to an international statement saying that:
"enforced long-term isolation in all circumstances breaches Article 5 of the Universal Declaration of Human Rights, which states 'no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment' and Article 3 of the European Convention on Human Rights, which states that 'no one shall be subjected to torture or to inhuman or degrading treatment or punishment.'"
The statement, published online by the international StopIsolation initiative calls on the countries of the world to:
"enact legislation that prohibits long-term prisoner isolation, and prohibits the transfer of prisoners to countries where they would be at risk of such treatment."
Copies of the statement will be sent to the governments of the USA, France, Germany, Turkey and Australia to mark International Human Rights Day (10 December), and may in the months to come be sent to other governments too.
Supporters of the statement include US academic Noam Chomsky, US author and poet Alice Walker, former Guantánamo prisoner Moazzam Begg, former prisoners Paddy Hill and Gerry Conlon (wrongly convicted over IRA bombings in England), former Beirut hostage Terry Waite, lawyer Clive Stafford Smith, barrister Michael Mansfield QC, Emeritus Professor David Brown (University of New South Wales, Australia), US prisoner Mumia Abu Jamal, former United Nations Special Rapporteur against Torture Theo van Boven, and Secretary General of the European Association of Lawyers for Democracy and World Human Rights Thomas Schmidt.
Richard Haley, Chair of Scotland Against Criminalising Communities, said:
"British police and British courts are trying to send British citizens to be tried in the US for offences allegedly committed on British soil. If the men are convicted in the US, they will serve their sentences under conditions that would be utterly unacceptable in a British jail. I hope the European Court of Human Rights will say that isn't on.
"But these cases are just the tip of the iceberg. Tens of thousands of prisoners are enduring the bleak awfulness of isolation in US Federal and State prisons, and many more people are suffering the same fate elsewhere in the world. That's why we are asking the world's governments to introduce domestic legislation that unequivocally bans prisoner isolation.
"A decision by the European Court of Human Rights to allow the extradition of people at risk of solitary confinement and isolation would be a human rights catastrophe for Europe. It would open the door to the nightmare of US-style imprisonment here. If that's what the Court decides, people in Europe will need to pull out all the stops to obtain laws that give us the protection we believed we already had.
"Anyone can see that locking someone up for months or years without meaningful human contact is a fiendishly cruel thing to do. Isolation and solitary confinement must stop."
Press Release from StopIsolation
Friday 10 December 2010, Edinburgh, Scotland
Public figures, intellectuals, former prisoners and human rights activists have today, Friday 10 December, issued a statement calling for an international ban on long-term solitary confinement and prisoner isolation.
Supporters of the statement include US academic Noam Chomsky, US author and poet Alice Walker, former Guantánamo prisoner Moazzam Begg, former prisoners Paddy Hill and Gerry Conlon (wrongly convicted over IRA bombings in England), former Beirut hostage Terry Waite, lawyer Clive Stafford Smith, barrister Michael Mansfield QC, Emeritus Professor David Brown (University of New South Wales, Australia), and Richard Haley (Chair, Scotland Against Criminalising Communities).
10 December is International Human Rights Day and marks the anniversary of the proclamation in 1948 of the Universal Declaration of Human Rights by the General Assembly of the United Nations.
The StopIsolation statement says that enforced long-term isolation in all circumstances breaches Article 5 of the Universal Declaration of Human Rights, which states "no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment" and Article 3 of the European Convention on Human Rights, which states that "no one shall be subjected to torture or to inhuman or degrading treatment or punishment."
The statement has been published on a new website, www.stopisolation.org which aims to encourage international collaboration to put an end to long-term solitary confinement.
Lawyer Clive Stafford Smith said:
"Solitary confinement is one of the techniques used to 'break' prisoners in Guantanamo Bay. Sadly I can testify that it has the sickening, desired impact, and has caused serious mental health problems for the people I represent. We should put these ugly human experiments behind us."
David Brown said:
"Solitary confinement and other forms of isolation have been a feature of Australian prison systems since colonisation, whether as part of 'secondary punishment' or supposedly 'reformatory' regimes. Current use is starkest in high security and 'supermax' units such as Goulburn High Risk Management Unit (HRMU -or 'harm -u' as prisoners call it) in New South Wales and Barwon Melaleuca High Security Unit in Victoria. The historical lesson to be learnt from the various mutations of high security regimes utilising solitary confinement is that whether the aim is punishment or reform, the consequences include long term physical and mental damage, increased violence and brutalisation. In a perverse cycle such regimes produce madness, rage and violence through isolation and then cite this very madness, rage and violence as reasons such regimes are necessary. It is time to heed the historical lessons and break this cycle by ending isolation in favour of fostering social relationships and promoting prisoners' discursive citizenship and human rights."
Richard Haley said:
"Solitary confinement is one of the elephants in the sitting room of international human rights law. It is so widespread in the United States - where tens of thousands of prisoners are held in isolation - that human rights defenders have sometimes been reluctant to say plainly that long-term isolation is always a human rights violation. The fate of prisoners across the world concerns us all because, as the Declaration of Human Rights reminds us, we are all members of the human family. And also because citizens of Europe may have to face years of solitary confinement if they are extradited to the United States. It's time to outlaw solitary confinement and outlaw the transfer of prisoners to places where they would be at risk of solitary confinement."
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End Prisoner Isolation - read the full statement