Human-rights cases

Violation of Article 5 - Right to liberty and security;Violation of Article 6 - Right to a fair trial

Violation of Article 5 - Right to liberty and security

Preliminary objection joined to merits and dismissed (non-exhaustion of domestic remedies);Violation of Art. 6-1;Non-pecuniary damage - finding of violation sufficient

Remainder inadmissible;Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Access to court);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions);Just satisfaction reserved

Remainder inadmissible;Violation of Art. 3 (substantive aspect);Violation of Art. 11;Non-pecuniary damage - award

Preliminary objection dismissed (six month period);Preliminary objection joined to merits and dismissed (non-exhaustion of domestic remedies);Violation of Art. 6-1;Pecuniary and non-pecuniary damage - award

Preliminary objection joined to merits (ratione temporis);Preliminary objection dismissed (non-exhaustion of domestic remedies);No violation of Art. 6-1;No violation of P1-1

Violation of Article 5 - Right to liberty and security;Violation of Article 6 - Right to a fair trial

Remainder inadmissible;No violation of Article 10 - Freedom of expression -{General} (Article 10-1 - Freedom of expression)

Preliminary objection dismissed (Article 37-1 - Striking out applications);Remainder inadmissible;Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Access to court;Fair hearing);No violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions);Non-pecuniary damage - award

Corrections CRIPA matter — Erie County Holding Center and Erie County Correctional Facility, New York. Status: Closed. See findings/documents at: https://www.justice.gov/crt/about/spl/documents/Erie_findlet_redact_07-15-09.pdf

findings of the Civil Rights Division's investigation of conditions of confinement at the Orleans Parish Prison ("OPP"). On February 12, 2008, we . notified you of our intent to conduct an investigation of conditions at OPP pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997. As we noted, CRIPA gives the Department of Justice authority to seek a remedy for a pattern or practice of conduct that violates the constitutional rights of inmates in adult detention and correctional facilities. On June 23-27,2008, August 18-20,2008, and November 17-20,2008, we conducted on-site inspections at OPP with expert consultants in corrections, use of force, custodial medical and mental health care, and sanitation. 1 We interviewed administrative staff, security staff, medical and mental health staff, facilities management staff, training staff, and inmates. Before, during, and after our visits, we reviewed an extensive number of documents, including policies and procedures, incident reports, use of force reports, investigative reports, inmate grievances, disciplinary reports, unit logs, orientation materials, medical records, and staff training materials. In keeping with our pledge of transparency and to provide technical assistance where appropriate, we conveyed our preliminary impressions to OPPofficials and legal counsel for the Sheriff s Office at the close of each of our site visits. 1 Our corrections expert was the only expert who accompanied us on the August on-site visit, and our medical health care expert was the only expert who accompanied us on the November on-site visit. - 2 - We remain sensitive to the fact that OPP is still recovering from the devastating effects of Hurricane Katrina and commend the Sheriff and his staff for their extraordinary efforts to structurally rebuild the facilities. We also note the tremendous strides and improvements that the Sheriff and his staff have made in light of the scope and depth of destruction caused by Hurricane Katrina. We commend the OPP staff for their helpful and professional conduct throughout the course of the investigation. We received complete cooperation with our investigation and appreciate the receptiveness to our consultants' on-site recommendations. Accordingly, we have every reason to believe that the Sheriff, his office, and the City are committed to remedying all known deficiencies at OPP. We hope to be able to work cooperatively to such a resolution. Prior to our investigation, many media reports, allegations, and even rumors Circulated regarding conditions at the Jail following the Hurricane. Our review of documents, investigative files, and interviews 9f staff and inmates has been to ascertain if the Constitution has been violated in a systemic manner. Again, commendably, we recognize the Sheriffs efforts in safely and efficiently evacuating the inmates and his efforts to secure the necessary funding to rebuild. Consistent with the statutory requirements of CRIP A, we now write to advise you of the findings of our investigation, the facts supporting them, and the minimum remedial steps that are necessary to address the defiCienCies we have identified. 42 § U.S.C. 1997b. As described more fully below, we conclude that certain conditions at OPP violate the constitutional rights of inmates. In particular, we find that inmates confined at OPP are not adequately protected from harm, including physical harm from excessive use of force by staff and inmate-on-inmate violence. In addition, we find that inmates do not receive adequate mental health care, including proper suicide prevention. While OPP meets constitutionally required standards of medical care in many areas; however, we found specific defiCiencies in medication management. OPP inmates also face serious risks posed by inadequate environmental and sanitation conditions. I. BACKGROUND Located in downtown New Orleans, OPP is one of the larg

CPT periodic visit report for Spain, published as CPT/Inf (2009) 10. Full text PDF at the linked URL.

CPT periodic visit report for Spain, published as CPT/Inf (2009) 11. Full text PDF at the linked URL.

SPT visit report for Sweden, doc symbol CAT/OP/SWE/1. Published 23 Jul 2008. Full text at the linked URL.

findings of our investigation and to recommend remedial measures to ensure that conditions at the Jail meet federal constitutional requirements. See 42 U.S.C. § 1997b. Si~ce we initiated this investigation, we have toured the Jail on several occasions, specifically, on May 28-30, June· 9-13, and August 27-29, 2003. Our most recent tour of the Jail was on April 25-27, 2007. 1 This letter reports on conditions identified on our most recent tour during which we inspected the Jail with consultants in the fields of correctional practices and standards, correctional health care, and environmental health and safety. While on-site, we interviewed administrative and 1 For a variety of reasons, several years elapsed between the two tours. Despite this opportunity to improve conditions at the Jail, however, we generally did not observe improved conditions at the time of the second tour. -2­ security staff, health care providers, and detainees. 2 Before, during, and after our on-site inspections, we received and reviewed a large number of documents, including policies and procedures, incident reports, medical and mental health records, and other materials. Consistent with our commitment to provide technical assistance and conduct a transparent investigation, we provided extensive debriefings at the conclusion of our inspections, during which our consultants provided their initial impressions and concerns. We appreciate greatly the cooperation we received from County and Jail officials throughout our investigation. We also wish to extend our appreciation to Sheriff John Whetsel, Major Bobby Carson,' and the staff and administration at the Jail for their professional conduct and timely responses to our requests. Having completed the fact-finding portion of our investigation, we conclude that certain conditions at the Jail viblate the constitutional rights of detainees confined there. As detailed below, we find that the Jail fails to provide for detainees': (1) reasonable protection from harm; (2) constitutionally-required mental health care services; (3) adequate housing, sanitation and environmental protections; and (4) protection from serious fire-safety risks. I. DESCRIPTION OF THE JAIL The main Jail facility, operated by the Sheriff's Office, was built in 1991 and is located in downtown Oklahoma City. It is thirteen stories tall a~d was originally designed to hold 1,250 detainees, but held 2,543 detainees at the time of our April 2007 tour. The Jail has a daily detainee/booking of approximately 125 deta~nees and an average annual detainee/booking of approximately 44,000 detainees. 3 The Jail Annex, also located in Oklahoma City, occupies the top three floors of the Oklahoma County Courthouse. The Annex is used as 2 The Jail houses mainly pre-trial detainees. However, the facility also houses some post-adjudication inmates. For the purpose of this letter, both groups will be referred to as detainees. 3 Administrative offices occupy part of the first floor. The medical ward is located on the thirteenth floor. A recreation yard sits atop the roof of the building. The recreation yard is the only open-ai~part of the Jail accessible by detainees. -3 ­ a short-term holding facility for detainees who are awaiting court appearances in the Courthouse. The Courthouse and Jail Annex were built in 1936. Detainees are held at the Annex for short periods of time, usually half a day, while awaiting their court appearances. The Jail contracts to house detainees from several jurisdictions, including the Oklahoma Department of Corrections, United states Marshals' Service, and the United States Immigration and Customs Enforcement. II.

CPT periodic visit report for Turkey, published as CPT/Inf (2008) 14. Full text PDF at the linked URL.

CPT periodic visit report for United Kingdom, published as CPT/Inf (2008) 27. Full text PDF at the linked URL.

CPT periodic visit report for Ukraine, published as CPT/Inf (2007) 22. Full text PDF at the linked URL.

CPT periodic visit report for Spain, published as CPT/Inf (2007) 28. Full text PDF at the linked URL.

CPT periodic visit report for United Kingdom, published as CPT/Inf (2006) 29. Full text PDF at the linked URL.

CPT periodic visit report for United Kingdom, published as CPT/Inf (2006) 28. Full text PDF at the linked URL.

CPT periodic visit report for United Kingdom, published as CPT/Inf (2005) 1. Full text PDF at the linked URL.

CPT periodic visit report for United Kingdom, published as CPT/Inf (2005) 2. Full text PDF at the linked URL.

Corrections CRIPA matter — Grant County Detention Center, Kentucky. Status: Enforcement. See findings/documents at: https://www.justice.gov/crt/about/spl/documents/grant_county_findlet_5-18-05.pdf

CPT periodic visit report for Sweden, published as CPT/Inf (2004) 32. Full text PDF at the linked URL.

CPT periodic visit report for Sweden, published as CPT/Inf (2004) 33. Full text PDF at the linked URL.

CPT periodic visit report for Spain, published as CPT/Inf (2003) 22. Full text PDF at the linked URL.

CPT periodic visit report for United Kingdom, published as CPT/Inf (2003) 19. Full text PDF at the linked URL.

CPT periodic visit report for Ukraine, published as CPT/Inf (2002) 19. Full text PDF at the linked URL.

CPT periodic visit report for Ukraine, published as CPT/Inf (2002) 20. Full text PDF at the linked URL.

findings based on the tour of its experts, the County's response to the tour, and the additional information received. DOJ concluded that mental health care at the Jail violated the inmates' constitutional rights.      In its findings letter, DOJ detailed numerous alleged constitutional deficiencies with regard to mental health care, including inadequate (1) intake screening and evaluation, (2) diagnosis, (3) referral to mental health professionals, (4) treatment plans, (5) administration of medications, (6) suicide prevention, (7) tracking and medical record keeping, (8) staffing, (9) communication, and (10) quality assurance. The report also noted that the County had allegedly mistreated and abused mentally ill inmates, including using excessive force and improper restraint practices.      Since DOJ issued its findings letter, the parties have attempted to work cooperatively to resolve the concerns outlined in the letter. After its initial tour in June of 1996, DOJ has conducted several follow up investigatory inspections of the Jail and has continued to find inadequate mental health services.      The parties to this Memorandum of Agreement ("the Agreement") recognize the constitutional rights of inmates confined at the Jail. After discussions and negotiations, and in order to avoid potential litigation concerning the mental health services at the Jail, the parties have agreed to the provisions set forth in this Agreement. The parties have engaged in good-faith negotiations to reach this Agreement. The parties agree that the provisions of this Agreement will ensure that reasonable and adequate mental health care services are provided at the Jail.      Fulfillment of the terms of this Agreement, voluntarily negotiated and entered into by DOJ and Los Angeles County, is intended to resolve all remaining issues relating to mental health services at the Jail. II.  DEFINITIONS 1.  "The Parties" shall refer to the County and the United States of America. 2.  "The County" shall refer to Los Angeles County, the Los Angeles County Sheriff's Department; the Los Angeles County Department of Mental Health, and the agents and employees of the Sheriff's Department and Department of Mental Health. 3.  The term inmate(s) shall refer to one or more individuals, male and/or female, sentenced to, incarcerated in, detained at, or otherwise confined at the Jail. 4.  "Qualified professional" shall refer to an individual qualified to render the requisite and appropriate care, treatment, judgment(s), training and service, based on credentials recognized in the specific field. 5.  "Competency-based training" means training deemed successfully completed by a staff member only when that staff member demonstrates to a trainer his or her ability or competency to perform a specified skill through an active hands-on demonstration of such skill. III.  GENERAL PROVISIONS 6.  The facilities that are at issue in this case are "institutions" as that term is defined in 42 U.S.C. ｧ 1997(1). 7.  Los Angeles County owns and funds the operation of the Jail. In their official capacity, the Sheriff of Los Angeles County, and the Los Angeles County Department of Mental Health are responsible for overseeing and/or providing mental health services to the inmates at the Jail. 8.  The County is responsible for assuring the fulfillment of the responsibilities and obligations imposed by this Agreement upon County employees, independent contractors, departments or other sub-units of the County government. IV.  SUBSTANTIVE PROVISIONS A.  Intake 1.  The County will maintain adequate twenty-four hour mental health screening of all inmates at the Inmate Reception Center ("IRC"). 2.  Each inmate entering IRC shall be individually and privately asked questions appropriate to determine whether the inmate has or had a mental illness, has attempted suicide, or has suicidal propensities. 3.  Intake screening at IRC shall be completed by an appropriately trained individual, and sha

CPT periodic visit report for United Kingdom, published as CPT/Inf (2002) 7. Full text PDF at the linked URL.

CPT periodic visit report for Ukraine, published as CPT/Inf (2002) 34. Full text PDF at the linked URL.

CPT periodic visit report for United Kingdom, published as CPT/Inf (2001) 6. Full text PDF at the linked URL.

CPT periodic visit report for United Kingdom, published as CPT/Inf (2001) 7. Full text PDF at the linked URL.

CPT periodic visit report for United Kingdom, published as CPT/Inf (2000) 1. Full text PDF at the linked URL.

CPT periodic visit report for United Kingdom, published as CPT/Inf (2000) 7. Full text PDF at the linked URL.

CPT periodic visit report for Spain, published as CPT/Inf (2000) 4. Full text PDF at the linked URL.

CPT periodic visit report for Slovenia, published as CPT/Inf (1996) 18. Full text PDF at the linked URL.