Human-rights cases

CPT periodic visit report for Sweden, published as CPT/Inf (1995) 5. Full text PDF at the linked URL.

Findings Letter Commonwealth Puerto Rico Findings Letter Share [image] The Honorable Pedro J. Rossello Governor Commonwealth of Puerto Rico La Fortaleza San Juan, Puerto Rico 00901 Re: Investigation of Juvenile Facilities in the Commonwealth of Puerto Rico Dear Governor Rossello: I am writing in reference to our ongoing investigation into conditions within juvenile facilities in Puerto Rico pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. §1997 et seq. As you know, we notified your predecessor in December 1992 of unconstitutional conditions in seven Commonwealth facilities -- the Juvenile Detention Center of San Juan in Hato Rey, the Industrial School of Mayaguez, the Juvenile Detention Center of Ponce (now a training center called "LaVictoria"), the Center for Social Treatment of Ponce, the Industrial School for Boys and Girls in Ponce, the Juvenile Detention Center in Humacao, and the Central Treatment Center in Guaynabo. We notified then Governor Hernandez-Colon of fire safety hazards in all of the above-mentioned facilities. In addition, we notified Governor Hernandez-Colon that in all facilities except the Central Treatment Center in Guaynabo, unconstitutional conditions included: lack of adequate medical care and mental health services; the presence of unsanitary and unsafe conditions throughout the facilities; the absence of sufficient beds and/or mattresses for juveniles to sleep on; the lack of proper mechanisms to identify, investigate, and implement remedial measures, if necessary, regarding abuse of juveniles and sufficient security measures to control institutional violence among juveniles; and the absence of constitutionally-required periods of exercise.   In May and June of this year, we re-toured all of the above-named facilities (except, of course, the facility in Hato Rey, which was closed in April 1994). In May and June, we also toured a detention center that did not exist when we conducted our earlier tours, the Cabo Rojo Detention Center, as well as the facility to which the Hato Rey juveniles were transferred, Centro Juvenil Metropolitano in Bayamon. Consistent with the requirements of CRIPA, we now write to advise you of our further findings, the facts supporting our determination of constitutional and legal violations, and the necessary remedial measures to correct these violations with respect to the Cabo Rojo Detention Center and additional problems at other facilities not covered by our previous letter which implicate the constitutional and legal rights of confined juveniles.   I. LEGAL FRAMEWORK   A. CRIPA   CRIPA gives the Department of Justice standing to bring actions against facilities such as Commonwealth juvenile facilities over "rights, privileges, or immunities protected by the Constitution or laws of the United States ..." CRIPA § 3, 42 U.S.C. § 1997a (emphasis added). Hence, CRIPA authorizes suit for violation of federal statutes and regulations as well as for constitutional violations.   B. Juvenile Detainee Constitutional Rights   1. Substantive Due Process Juveniles in custody have a constitutional right to adequate basic care, medical care, and protection from harm. Youngberg v. Romeo, 457 U.S. 307 (1982). Courts recognize that there are clear differences between the rights of juveniles held in custody and the rights of incarcerated adults. Conditions of confinement for youth in custody -- who have not been convicted of a crime -- are governed by the Due Process Clause of the Fourteenth Amendment, and not the less protective Eighth Amendment. Santana v. Collazo, 714 F.2d 1172, 1179 (1st Cir. 1983), cert. denied, 466 U.S. 974 (1984); see also Gary H. v. Hegstrom, 831 F.2d 1430, 1432 (9th Cir. 1987); H.C. by Hewett v. Jarrard, 786 F.2d 1080, 1084-85 (11th Cir. 1986); Milonas v. Williams, 691 F.2d 931, 942 & n.10 (10th Cir. 1982), cert. denied, 460 U.S. 1069 (1983). (1) 2. Equal Protection Incarcerated juveniles do not lose their rights to equal protec

CPT periodic visit report for United Kingdom, published as CPT/Inf (1993) 9. Full text PDF at the linked URL.

CPT periodic visit report for Sweden, published as CPT/Inf (1992) 6. Full text PDF at the linked URL.

CPT periodic visit report for United Kingdom, published as CPT/Inf (1991) 15. Full text PDF at the linked URL.

conditions of confinement at the Golden Grove Adult Correctional Facility, St. Croix, Virgin Islands, pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. 1997. 8. Following a~thorough investigation of conditions at Golden Grove, on January 23, 1986, the Assistant Attorney General for Civil Rights informed Governor Juan Luis of the :-e2sor.able cause to believe that inJ,2.~es confined to the Golden Grove Adult Correcti~nal Facility were being subjected to egregious or flagrant concitions that deprive them of their rights, privil~ges or im~unities sec~red by the Constitution. 9. The D~rties agree that the confinement of in~~tes at Golden Gt-ove iD.J?licate rights, privileges o~- ir:,:i\unities of these inmates whith are secured and protected by the Constitution of the United States. The parties enterina into this Decree recocniz~ these constitutional interests a.no for .' .. \ -3­ th~ pu~rose of avoidin0 protracted and adversarial liti~ation, agree to the provisions set forth herein. 10. In enterinq into this Consent Decree, Defendants do not ad~it any violation of law and this Consent Decree may not be used as evidence of liability in any other proceeding. 11. The provisions of this C6nsent Decree are a fair, appropriate and adeqJateresolution of this case. 12. This Consent Decree shall be applicable to and biriding ~pon all of the parties, th~ir officers, agents, employees, assigns and th~ir successors. I . Pu r r 0 s e sand 0 b j e c t i v e s The Virgin Islarlds and the United States stipulate and agree that the purpo~es and objectives of this Consent ~ecree are to establi~h as pro~ptly as practicable the following on5e r to e ilS:"; 1:e the t~oth ~)l-e tr i 21 ce t a i nees c: nc con\' i c:.ec inmates at the facility are not being deprived of rights, privileges or i;.~unities secured to them by the Constit~tion of the Unitec States., 1. 0efen·:::2"ts ·sh211 protect innates from unreasonable fire safety risks to their lives and safety. 2 . ;}e fen d.3 II t s s i', a11 p L- 0\' ide s u c h securi t y and s t e =f supervision to protect inmates frOD ~anton and reckless ph y sic a 1 v i 0 1c: n c e by 0 the L- innate s 0 r s t a f f . -, . , ( '.' .":, -. ,. ,-,.-I '''') -4­ 3. Defend~nts shall provide minimally adequate sanitation to prote~t 'inmates from unreasonable risks to their physical health. 4. Defendants sh~llprovide minimally adequate medical care for the serious medical needs of inmates. These purposes and objectives shall be achieved at the Golden Grove Adult Correctional Facility by implementing the requirements set forth in Part II and by developing and implementing the plans described in Part III of this Consent Decree. II. Conditions Requiring Immediate Correction In order to eliminate conditions which pose an immediate threat to life, health and safety of iniTiates at Golden Grove, the Virgin !slan~s ag~e2s to ~2e~ the follbwingreq~~~~~ents within 30 days after entry of this Consent Decree: 1. All fire .hazards will be removed from iniTia~e cells; 2. At all times, at least one guard will be on dDty and present in each inmate living unit; and 3. All living units will have adequate means to safely evacuate in~ates in case of emergency. I I 1. In order to ensure compliance with this Consen~ Decree, the Virgin Islands shall file with the Court no later than t\ 0 \' e Til be r 1, I 9 8 6 r its pIa n ( s) for imp I emen tin g t his C8 nsen t De C::-E8. Such plcn(s) shall sec forth: .:.. . ': .' ~., ~". ... ( . ,~. . . '-'z...... -5­ 1. The procedures to be used (a) to provide for the em~rgency evacuation of each building at Golden Grove that houses inmates or detainees, (b) to ensure that all emergency equipment is functional, (c) to ensure that all emergency exits are functional, and (d) to identify and correct conditions which are fire hazards. 2. The procedures and equipment to be

Corrections CRIPA matter — California Women's Prisons, California. Status: Investigation.

Corrections CRIPA matter — Sheriff Al Cannon Detention Center, South Carolina. Status: Investigation.

Corrections CRIPA matter — Men in California Women's Prisons, California. Status: Investigation.

Juvenile Justice CRIPA matter — Publications, Virginia. Status: unknown.

Corrections CRIPA matter — Maine Correctional Center, Maine. Status: Investigation.

SPT NPM report for Senegal, doc symbol CAT/OP/SEN/3. Published date unknown. Full text at the linked URL.