Human-rights cases

SPT NPM report for Senegal, doc symbol CAT/OP/SEN/2/Add.1. Published 22 Jan 2014. Full text at the linked URL.

Remainder inadmissible;Violation of Article 10 - Freedom of expression -{General} (Article 10-1 - Freedom of expression);Non-pecuniary damage - award

Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention);Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Reasonable time)

Preliminary objection joined to merits and dismissed (Article 35-1 - Exhaustion of domestic remedies);Remainder inadmissible;Violation of Article 2 - Right to life (Article 2-1 - Effective investigation) (Procedural aspect);Non-pecuniary damage - award

Remainder inadmissible;No violation of Article 3 - Prohibition of torture (Article 3 - Inhuman treatment) (Substantive aspect);Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life;Respect for private life);Violation of Article 13+8 - Right to an effective remedy (Article 13 - Effective remedy) (Article 8 - Right to respect for private and family life);Non-pecuniary damage - finding of violation sufficient

Remainder inadmissible;No violation of Article 3 - Prohibition of torture (Article 3 - Inhuman treatment) (Substantive aspect);Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life;Respect for private life);Violation of Article 13+8 - Right to an effective remedy (Article 13 - Effective remedy) (Article 8 - Right to respect for private and family life);Non-pecuniary damage - finding of violation sufficient

Violation of Article 2 - Right to life (Article 2-1 - Life) (Substantive aspect);Violation of Article 2 - Right to life (Article 2-1 - Effective investigation) (Procedural aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);Violation of Article 5 - Right to liberty and security (Article 5-1 - Liberty of person;Security of person);Violation of Article 13+2-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 2-1 - Life;Article 2 - Right to life);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Degrading treatment;Inhuman treatment;Prohibition of torture)

Preliminary objection partially allowed (Article 34 - Victim);Remainder inadmissible;No violation of Article 10 - Freedom of expression -{General} (Article 10-1 - Freedom of expression)

Remainder inadmissible;Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life);Pecuniary damage - claim dismissed;Non-pecuniary damage - award

Remainder inadmissible;Violation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of association);Pecuniary and non-pecuniary damage - award

Violation of Article 5 - Right to liberty and security (Article 5-4 - Speediness of review)

Violation of Article 5 - Right to liberty and security (Article 5-1-a - After conviction);Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention);Violation of Article 5 - Right to liberty and security (Article 5-5 - Compensation)

Preliminary objection dismissed (Article 35-1 - Exhaustion of domestic remedies);Preliminary objection dismissed (Article 35-1 - Six month period);Violation of Article 2 - Right to life (Article 2-1 - Life) (Substantive aspect);Violation of Article 2 - Right to life (Article 2-1 - Effective investigation) (Procedural aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 13+2 - Right to an effective remedy (Article 13 - Effective remedy) (Article 2 - Right to life);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Prohibition of torture);Pecuniary and non-pecuniary damage - award

Violation of Article 5 - Right to liberty and security (Article 5-1-e - Persons of unsound mind);Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention)

Violation of Article 5 - Right to liberty and security (Article 5-1-e - Persons of unsound mind);Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention)

Violation of Article 5 - Right to liberty and security (Article 5-1-e - Persons of unsound mind);Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention)

Violation of Article 5 - Right to liberty and security (Article 5-1-e - Persons of unsound mind);Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention)

Preliminary objection dismissed (Article 35-1 - Exhaustion of domestic remedies);Remainder inadmissible;No violation of Article 2 - Right to life (Article 2-1 - Life) (Substantive aspect);Violation of Article 2 - Right to life (Article 2-1 - Effective investigation) (Procedural aspect);Non-pecuniary damage - award

Violation of Article 5 - Right to liberty and security (Article 5-1-e - Persons of unsound mind)

Violation of Article 5 - Right to liberty and security (Article 5-1-e - Persons of unsound mind);Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention)

Violation of Article 5 - Right to liberty and security (Article 5-1-e - Persons of unsound mind)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 5 - Right to liberty and security (Article 5-1-e - Persons of unsound mind)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect);Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)

our findings, the facts SUppoliing tl1em, and the minimum remedial steps necessary to address the identified deficiencies. We conclude that the State of Alabama violates the Eighth Amendment of the United States Constitution by failing to protect women plisoners at Tutwiler from ham1 due to sexual abuse and harassment from correctional staff. Tutwiler has a history of unabated staff-on-prisoner sexual abuse and harassment. The women at Tutwiler universally fear for their safety. They live in a sexualized envirolunent with repeated and open sexual behavior, including: abusive sexual contact between staff and prisoners; sexualized activity, including a strip show condoned by staff; profane and unprofessional sexualized language and harassment; and deliberate cross-gender viewing of prisoners showering, urinating, and defecating. The inappropriate sexual behavior, including sexual abuse, continues, and is grossly undelTepOlied, due to insufficient staffing and supervision, inadequate policies and procedures, a heightened fear of retaliation, and an inadequate investigative process. Officials at the Alabama Department of Con·ections ("ADOC") and Tutwiler have failed to remedy the myriad systemic causes ofhann to the women prisoners at Tutwiler despite repeated notification of the problems. ADOC and Tutwiler have demonstrated a clear deliberate indifference to the hann and substantial risk ofhann to women prisoners. They have failed to take reasonable steps to protect people in their custody from the known and readily apparent threat of sexual abuse and sexual harassment. Officials have been on notice for over eighteen years of the risks to women prisoners and, for over eighteen years, have chosen to ignore them. - 2 - During the course of our investigation, we reviewed information suggesting that the systemic deficiencies at Tutwiler that facilitated staff sexual misconduct may also lead to excessive use of force, constitutionally inadequate conditions of confinement, constitutionally inadequate medical and mental health care, and discriminatory treatment based on national origin, sexual orientation, and gender identity. Therefore, in addition to informing you of our findings, this letter serves as notice of our intent to expand our investigation into these areas.1 Alabama Department of Corrections Commissioner Kim T. Thomas, Warden Bobby Barret, and Warden II Karla Jones have fully cooperated with our investigation. We recognize that Warden Barret has recently assumed the position, and was not present at the Facility when much of the alleged misconduct took place. We commend ADOC and Tutwiler leadership for recognizing the need for reform at Tutwiler, and appreciate their receptiveness to our suggestions for change thus far. We look forward to continuing to work cooperatively with all interested parties. I. Summary of Findings We have made the following factual determinations:  For nearly two decades, Tutwiler staff have harmed women in their care with impunity by sexually abusing and sexually harassing them.2 Staff have raped, 1 Because our expanded investigation will evaluate Tutwiler’s overall provision of medical and mental health care, we do not issue findings at this time with regard to our investigation into whether women who have alleged that they are subject to sexual abuse receive adequate medical and mental health care. This is, in part, due to the fact that the inquiries and remedies will overlap to such an extent that it will be more efficient to issue them all at once so that the state can implement broad based remedies in a coordinated fashion. In addition, our investigation of the medical and mental health system with regard to sexual abuse victims could not be completed satisfactorily because we were prevented from interviewing prisoners outside of the presence of

Remainder inadmissible;Violation of Article 6+6-3-c - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Fair hearing) (Article 6 - Right to a fair trial;Article 6-3-c - Defence through legal assistance);Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life);Non-pecuniary damage - award

Remainder inadmissible;Violation of Article 3 - Prohibition of torture (Article 3 - Expulsion) (Conditional) (Pakistan)

Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);No violation of Article 5 - Right to liberty and security (Article 5-1-f - Expulsion);Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention)

Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)

Violation of Article 5 - Right to liberty and security (Article 5-3 - Trial within a reasonable time)

Remainder inadmissible;Violation of Article 6+6-3-d - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Fair hearing) (Article 6 - Right to a fair trial;Article 6-3-d - Examination of witnesses);Pecuniary damage - claim dismissed;Non-pecuniary damage - award

Preliminary objection joined to merits and dismissed (Article 35-1 - Exhaustion of domestic remedies);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention;Article 5-1-e - Persons of unsound mind);Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention;Speediness of review);Violation of Article 5 - Right to liberty and security (Article 5-5 - Compensation);Non-pecuniary damage - award

Remainder inadmissible;Violation of Article 6 - Right to a fair trial (Article 6 - Disciplinary proceedings;Article 6-1 - Public hearing);Violation of Article 6 - Right to a fair trial (Article 6 - Disciplinary proceedings;Article 6-1 - Public hearing);Non-pecuniary damage - award

Preliminary objection dismissed (Article 35-3-b - No significant disadvantage);Remainder inadmissible;Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Tribunal established by law)

Remainder inadmissible;Violation of Article 5 - Right to liberty and security (Article 5-4 - Procedural guarantees of review;Review of lawfulness of detention);Non-pecuniary damage - finding of violation sufficient

Remainder inadmissible;Violation of Article 9 - Freedom of thought conscience and religion (Article 9 - Positive obligations;Article 9-1 - Freedom of religion);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)

Remainder inadmissible;Violation of Article 10 - Freedom of expression -{General} (Article 10-1 - Freedom of expression);Pecuniary damage - claim dismissed;Non-pecuniary damage - finding of violation sufficient

Inadmissible (Article 35-3 - Manifestly ill-founded);Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings;Article 6-1 - Access to court);Violation of Article 13 - Right to an effective remedy (Article 13 - Effective remedy);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions)

Remainder inadmissible;Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);No violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention;Article 5-1-f - Expulsion);Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention);Non-pecuniary damage - award

No violation of Article 3 - Prohibition of torture (Article 3 - Positive obligations) (Substantive aspect);No violation of Article 3 - Prohibition of torture (Article 3 - Positive obligations) (Procedural aspect);No violation of Article 3 - Prohibition of torture (Article 3 - Extradition) (Substantive aspect);No violation of Article 3 - Prohibition of torture (Article 3 - Extradition) (Conditional) (Russia) (Tajikistan);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);No violation of Article 34 - Individual applications (Article 34 - Hinder the exercise of the right of petition)