A !A"C# U"# I$# !

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Human Rights Committee

Concluding observations on the fourth report of the United States of America*

1. The Committee considered the fourth periodic report of the United States of America (CCPR/C/USA/4 and Corr.1) at its 3044th 304!th and 304"th meetin#s (CCPR/C/SR/3044 CCPR/C/SR/304! and CCPR/C/SR/304") he$d on 13 and 14 %arch &014. At its 30"1st meetin# (CCPR/C/SR/30"1) he$d on &" %arch &014 it adopted the fo$$o'in# conc$udin# o(ser)ations. A. Introduction

&. The Committee 'e$comes the su(mission of the fourth periodic report of the United States of America and the information presented therein. *t e+presses appreciation for the opportunit, to rene' its constructi)e dia$o#ue 'ith the State part,-s hi#h $e)e$ de$e#ation 'hich inc$uded representati)es of state and $oca$ #o)ernments on the measures that the State part, has ta.en durin# the reportin# period to imp$ement the pro)isions of the Co)enant. The Committee is #ratefu$ to the State part, for its 'ritten rep$ies (CCPR/C/USA///4/Add.1) to the $ist of issues (CCPR/C/USA///4) 'hich 'ere supp$emented (, the ora$ responses pro)ided (, the de$e#ation and for the supp$ementar, information pro)ided to it in 'ritin#. B. Positive aspects

3. The Committee notes 'ith appreciation the man, efforts underta.en and the pro#ress made in protectin# ci)i$ and po$itica$ ri#hts (, the State part,. The Committee 'e$comes in particu$ar the fo$$o'in# $e#is$ati)e and institutiona$ steps ta.en (, the State part,0 (a) The fu$$ imp$ementation of artic$e "(!) of the Co)enant in the aftermath of the Supreme Court-s 1ud#ment in Roper ). Simmons !43 U.S. !!1 (&00!) despite the State part,-s reser)ation to the contrar,2 (() The reco#nition (, the Supreme Court in 3oumediene ). 3ush !!3 U.S. 4&3 (&005) of the e+traterritoria$ app$ication of constitutiona$ ha(eas corpus ri#hts to a$iens detained at 6uant7namo 3a,2 (c) The Presidentia$ 8+ecuti)e 9rders 134:1 (;8nsurin# <a'fu$ *nterro#ations=) 134:& (;Re)ie' and >isposition of *ndi)idua$s >etained at the 6uantanamo 3a, ?a)a$ 3ase and C$osure of >etention @aci$ities=) and 134:3 (;Re)ie' of >etention Po$ic, 9ptions=) issued on && Aanuar, &00:2 (d) The support for the U.?. >ec$aration on the Ri#hts of *ndi#enous Peop$es announced (, President 9(ama on 1" >ecem(er &0102
B

Adopted (, the Committee at its 110th session (10C&5 %arch &014).

(e) The Presidentia$ 8+ecuti)e 9rder 13!"4 esta($ishin# periodic re)ie' for detainees at the 6uantanamo 3a, detention faci$it, 'ho ha)e not (een char#ed con)icted or desi#nated for transfer issued on 4 %arch &011. C. Principal matters of concern and recommendations

Applicabilit& of the Covenant at national level 4. The Committee re#rets that the State part, continues to maintain its position that the Co)enant does not app$, 'ith respect to indi)idua$s under its 1urisdiction (ut outside its territor, despite the contrar, interpretation of artic$e &(1) supported (, the Committee-s esta($ished 1urisprudence the 1urisprudence of the *nternationa$ Court of Austice and state practice. The Committee further notes that the State part, has on$, $imited a)enues to ensure that state and $oca$ #o)ernments respect and imp$ement the Co)enant and that its pro)isions ha)e (een dec$ared to (e nonDse$fDe+ecutin# at the time of ratification. Ta.en to#ether these e$ements considera($, $imit the $e#a$ reach and the practica$ re$e)ance of the Co)enant (art. &). $he State part& should' (a) Interpret the Covenant in good faith* in accordance +ith the ordinar& meaning to be given to its terms in their conte,t* including subse-uent practice* and in the light of its ob.ect and purpose and revie+ its legal position so as to ac/no+ledge the e,traterritorial application of the Covenant under certain circumstances* as outlined inter alia in the Committee0s general comment "o. 12 (3445) on the nature of the general legal obligation imposed on States parties to the Covenant6 (b) #ngage +ith sta/eholders at all levels to identif& +a&s to give greater effect to the Covenant at federal* state and local levels* ta/ing into account that the obligations under the Covenant are binding on the State part& as a +hole* and that all branches of government* and other public or governmental authorities* at ever& level are in a position to engage the responsibilit& of the State part& under the Covenant (7eneral Comment. "o. 12* para. 5)6 (c) $a/ing into account its declaration that provisions of the Covenant are non8self8e,ecuting* ensure that effective remedies are available for violations of the Covenant* including those that do not* at the same time* constitute violations of U.S. domestic la+* and underta/e a revie+ of such areas +ith a vie+ to proposing to the Congress implementing legislation to fill an& legislative gaps. $he State part& should also consider acceding to the %ptional Protocol to the Covenant providing for an individual communication procedure. (d) Strengthen and e,pand e,isting mechanisms mandated to monitor the implementation of human rights at federal* state* local and tribal levels* provide them +ith ade-uate human and financial resources or consider establishing an independent national human rights institution* in accordance +ith the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles) (7eneral Assembl& resolution 59:215). (e) Reconsider its position regarding its reservations and declarations to the Covenant +ith a vie+ to +ithdra+ing them. Accountabilit& for past human rights violations !. The Committee is concerned at the $imited num(er of in)esti#ations prosecutions and con)ictions of mem(ers of the Armed @orces and other a#ents of the U.S. 6o)ernment inc$udin# pri)ate contractors for un$a'fu$ .i$$in#s in its internationa$ operations and the use of torture or crue$ inhuman or de#radin# treatment or punishment of detainees in U.S. custod, inc$udin# outside its territor, as part of the soDca$$ed ;enhanced interro#ation
3

techniEues= pro#ram. Fhi$e 'e$comin# the Presidentia$ 8+ecuti)e 9rder 134:1 of && Aanuar, &00: terminatin# the pro#ramme of secret detention and interro#ation operated (, the Centra$ *nte$$i#ence A#enc, (C*A) the Committee notes 'ith concern that a$$ reported in)esti#ations into enforced disappearances torture and other crue$ inhuman or de#radin# treatment that had (een committed in the conte+t of the C*A secret rendition interro#ation and detention pro#rammes 'ere c$osed in &01& $eadin# on$, to a mea#re num(er of crimina$ char#es (rou#ht a#ainst $o'D$e)e$ operati)es. The Committee is concerned that man, detai$s of the C*A pro#ramme remain secret there(, creatin# (arriers to accounta(i$it, and redress for )ictims (arts. & " 4 : 10 and 14). $he State part& should ensure that all cases of unla+ful /illing* torture or other ill8 treatment* unla+ful detention* or enforced disappearance are effectivel&* independentl& and impartiall& investigated* that perpetrators* including* in particular* persons in command positions* are prosecuted and sanctioned* and that victims are provided +ith effective remedies. $he responsibilit& of those +ho provided legal prete,ts for manifestl& illegal behavior should also be established. $he State part& should also consider the full incorporation of the doctrine of ;command responsibilit&0 in its criminal la+ and declassif& and ma/e public the report of the Senate Special Committee on Intelligence into the CIA secret detention programme. Racial disparities in the criminal .ustice s&stem ". Fhi$e appreciatin# the steps ta.en (, the State part, to address racia$ disparities in the crimina$ 1ustice s,stem inc$udin# the enactment in Au#ust &010 of The @air Sentencin# Act and p$ans to 'or. on reform of mandator, minimum sentencin# statutes the Committee continues to (e concerned a(out racia$ disparities at different sta#es in the crimina$ 1ustice s,stem sentencin# disparities and the o)errepresentation of indi)idua$s (e$on#in# to racia$ and ethnic minorities in prisons and 1ai$s (arts. & : 14 and &"). $he State part& should continue and step up its efforts to robustl& address racial disparities in the criminal .ustice s&stem* including b& amending regulations and policies leading to raciall& disparate impact at the federal* state and local levels. $he State part& should ensure the retroactive application of the <air Sentencing Act and reform mandator& minimum sentencing statutes. Racial profiling 4. Fhi$e 'e$comin# p$ans to reform the ;stop and fris.= pro#ram in ?e' Gor. Cit, the Committee remains concerned a(out the practice of racia$ profi$in# and sur)ei$$ance (, $a' enforcement officia$s tar#etin# certain ethnic minorities and the sur)ei$$ance of %us$ims underta.en (, the @edera$ 3ureau of *n)esti#ation (@3*) and the ?e' Gor. Po$ice >epartment (?GP>) in the a(sence of an, suspicion of 'ron#doin# (arts. & : 1& 14 and &"). $he State part& should continue and step up its measures to effectivel& combat and eliminate racial profiling b& federal* state and local la+ enforcement officials* inter alia b&' (a) pursuing the revie+ of the 3441 7uidance Regarding the Use of Race b& <ederal =a+ #nforcement Agencies and e,panding protection against profiling on the basis of religion* religious appearance or national origin6 (b) continuing to train state and local la+ enforcement personnel on cultural a+areness and inadmissibilit& of racial profiling6 and (c) abolishing all >stop and fris/? practices. eath penalt& 5. Fhi$e 'e$comin# the o)era$$ dec$ine in the num(er of e+ecutions and the increasin# num(er of states that ha)e a(o$ished the death pena$t, the Committee remains concerned a(out the continuin# use of the death pena$t, and in particu$ar racia$ disparities in its
1

imposition that affects disproportionate$, African Americans e+acer(ated (, the ru$e that discrimination has to (e pro)en caseD(,Dcase. *t is further concerned (, the hi#h num(er of persons 'ron#$, sentenced to death despite e+istin# safe#uards and (, the fact that 1" retentionist states do not pro)ide for compensation for the 'ron#fu$$, con)icted and other states pro)ide for insufficient compensation. @ina$$, the Committee notes 'ith concern reports a(out the administration (, some states of untested $etha$ dru#s to e+ecute prisoners and the 'ithho$din# of information on such dru#s (arts. & " 4 : 14 and &"). $he State part& should (a) ta/e measures to effectivel& ensure that the death penalt& is not imposed as a result of racial bias6 (b) strengthen safeguards against +rongful sentencing to death and subse-uent +rongful e,ecution b& ensuring inter alia effective legal representation for defendants in death penalt& cases* including at the post8 conviction stage6 (c) ensure that retentionist states provide ade-uate compensation for the +rongfull& convicted (d) ensure that lethal drugs for e,ecutions originate from legal* regulated sources* and are approved b& the U.S. <ood and rug Administration (< A) and that information on the origin and composition of such drugs is made available to individuals scheduled for e,ecution6 (e) consider establishing a moratorium on the death penalt& at the federal level and engage +ith retentionist states +ith a vie+ to achieving a nation+ide moratorium. $he Committee also encourages the State part&* on the 3@th anniversar& of the Second %ptional Protocol to the Covenant aiming at the abolition of the death penalt&* to consider acceding to the Protocol. $argeted /illings using unmanned aerial vehicles (drones) :. The Committee is concerned a(out the State part,-s practice of tar#eted .i$$in#s in e+traterritoria$ counterDterrorism operations usin# unmanned aeria$ )ehic$es (UAH) a$so .no'n as Idrones- the $ac. of transparenc, re#ardin# the criteria for drone stri.es inc$udin# the $e#a$ 1ustification for specific attac.s and the $ac. of accounta(i$it, for the $oss of $ife resu$tin# from such attac.s. The Committee notes the State part,-s position that drone stri.es are conducted in the course of its armed conf$ict 'ith A$D /aida the Ta$i(an and associated forces and in accordance 'ith its inherent ri#ht of nationa$ se$fDdefense and are #o)erned (, internationa$ humanitarian $a' as 'e$$ as (, the Presidentia$ Po$ic, 6uidance that sets out standards for the use of $etha$ force outside areas of acti)e hosti$ities. ?e)erthe$ess the Committee remains concerned a(out the State part,-s )er, (road approach to the definition and the #eo#raphica$ scope of an armed conf$ict inc$udin# the end of hosti$ities the unc$ear interpretation of 'hat constitutes an ;imminent threat= and 'ho is a com(atant or ci)i$ian ta.in# a direct part in hosti$ities the unc$ear position on the ne+us that shou$d e+ist (et'een an, particu$ar use of $etha$ force and an, specific theatre of hosti$ities as 'e$$ as the precautionar, measures ta.en to a)oid ci)i$ian casua$ties in practice (arts. & " and 14). $he State part& should revisit its position regarding legal .ustifications for the use of deadl& force through drone attac/s. It should' (a) ensure that an& use of armed drones complies full& +ith its obligations under article A of the Covenant* including in particular +ith respect to the principles of precaution* distinction and proportionalit& in the conte,t of an armed conflict6 (b) sub.ect to operational securit&* disclose the criteria for drone stri/es* including the legal basis for specific attac/s* the process of target identification and the circumstances in +hich drones are used6 (c) provide for independent supervision and oversight over the specific implementation of regulations governing the use of drone stri/es6 (d) in armed conflict situations* ta/e all feasible measures to ensure the protection of civilians in specific drone attac/s and to trac/ and assess civilian casualties* as +ell as all necessar& precautionar& measures in order to avoid such casualties6 (e) conduct independent* impartial* prompt and effective investigations of allegations of violations of the right to life and bring to .ustice those responsible6 (f) provide victims or their families +ith an effective remed& +here there
5

has been a violation* including ade-uate compensation* and establish accountabilit& mechanisms for victims of allegedl& unla+ful drone attac/s +ho are not compensated b& their home governments. 7un violence 10. Fhi$e ac.no'$ed#in# the measures ta.en to reduce #un )io$ence the Committee remains concerned a(out the continuin# hi#h num(ers of #unDre$ated deaths and in1uries and the disparate impact of #un )io$ence on minorities 'omen and chi$dren. Fhi$e commendin# the U.S. Commission on Ci)i$ Ri#hts- in)esti#ation of the discriminator, effect of ;Stand Gour 6round <a's= the Committee is concerned a(out the pro$iferation of such $a's that are used to circum)ent the $imits of $e#itimate se$fDdefence in )io$ation of the State part,-s dut, to protect $ife (arts. & " and &"). $he State Part& should ta/e all necessar& measures to abide b& its obligation to effectivel& protect the right to life. In particular* it should' (a) continue its efforts to effectivel& curb gun violence* including through the continued pursuit of legislation re-uiring bac/ground chec/s for all private firearm transfers in order to prevent possession of arms b& persons recogniBed as prohibited individuals under federal la+ and strict enforcement of the omestic !iolence %ffender 7un Ban legislation of 2CCA (the >=autenberg Amendment?)6 and (b) revie+ Stand Dour 7round =a+s to remove far8reaching immunit& and ensure strict adherence to the principles of necessit& and proportionalit& +hen using deadl& force in self8defence. #,cessive use of force b& la+ enforcement officials 11. The Committee is concerned a(out the sti$$ hi#h num(er of fata$ shootin#s (, certain po$ice forces inc$udin# for instance in Chica#o and reports of e+cessi)e use of force (, certain $a' enforcement officers inc$udin# the dead$, use of tasers 'hich ha)e a disparate impact on African Americans and use of $etha$ force (, Customs and 3order Protection (C3P) officers at the U.S.D%e+ico (order (arts. & " 4 and &"). $he State Part& should (a) step up its efforts to prevent the e,cessive use of force b& la+ enforcement officers b& ensuring compliance +ith the 2CC4 U" Basic Principles on the Use of <orce and <irearms b& =a+ #nforcement %fficers6 (b) ensure that the ne+ CBP directive on use of deadl& force is applied and enforced in practice6 and (c) improve reporting of e,cessive use of force violations and ensure that reported cases of e,cessive use of force are effectivel& investigated* alleged perpetrators are prosecuted and* if convicted* punished +ith appropriate sanctions* that investigations are re8opened +hen ne+ evidence becomes available* and that victims or their families are provided +ith ade-uate compensation. =egislation prohibiting torture 1&. Fhi$e notin# that acts of torture ma, (e prosecuted in a )ariet, of 'a,s at (oth the federa$ and state $e)e$s the Committee is concerned a(out the $ac. of comprehensi)e $e#is$ation crimina$iJin# a$$ forms of torture inc$udin# menta$ torture committed 'ithin the territor, of the State part,. The Committee is a$so concerned a(out the ina(i$it, of torture )ictims to c$aim compensation from the State part, and its officia$s due to the app$ication of (road doctrines of $e#a$ pri)i$e#e and immunit, (arts. & and 4). $he State part& should enact legislation to e,plicitl& prohibit torture* including mental torture* +herever committed and ensure that the la+ provides for penalties commensurate +ith the gravit& of such acts* +hether committed b& public officials or other persons acting on behalf of the State* or b& private persons. $he State part& should ensure the availabilit& of compensation to victims of torture.

"on8refoulement 13. Fhi$e notin# the measures ta.en to ensure comp$iance 'ith the princip$e of nonD refou$ement in cases of e+tradition e+pu$sion return and transfer of indi)idua$s to other countries the Committee is concerned a(out the State part,-s re$iance on dip$omatic assurances that do not pro)ide sufficient safe#uards. *t is a$so concerned at the State part,-s position that the princip$e of nonDrefou$ement is not co)ered (, the Co)enant despite the Committee-s esta($ished 1urisprudence and su(seEuent state practice (arts. " and 4). $he State part& should strictl& appl& the absolute prohibition against refoulement under articles A and E of the Covenant* continue e,ercising the utmost care in evaluating diplomatic assurances* and refrain from rel&ing on such assurances +here it is not in a position to effectivel& monitor the treatment of such persons after their e,tradition* e,pulsion* transfer or return to other countries and ta/e appropriate remedial action +hen assurances are not fulfilled. $raffic/ing and forced labour 14. Fhi$e ac.no'$ed#in# the measures ta.en (, the State part, to address the issue of traffic.in# in persons and forced $a(our the Committee remains concerned a(out cases of traffic.in# for purposes of $a(our and se+ua$ e+p$oitation inc$udin# of chi$dren and crimina$iJation of )ictims on prostitutionDre$ated char#es. *t is concerned a(out the insufficient identification and in)esti#ation of cases of traffic.in# for $a(our purposes and notes 'ith concern that certain cate#ories of 'or.ers such as farm 'or.ers and domestic 'or.ers are e+p$icit$, e+c$uded from the protection of $a(our $a's thus renderin# these cate#ories of 'or.ers more )u$nera($e to traffic.in#. The Committee is a$so concerned that 'or.ers enterin# the U.S. under the KD&3 'or. )isa pro#ramme are a$so at a hi#h ris. of (ecomin# )ictims of traffic.in#/forced $a(our (arts. & 5 : 14 &4 and &"). $he State part& should continue its efforts to combat traffic/ing in persons* inter alia b& strengthening its preventive measures* increasing victim identification and s&stematicall& and vigorousl& investigating allegations of traffic/ing in persons* prosecuting and punishing those responsible and providing effective remedies to victims* including protection* rehabilitation and compensation. It should ta/e all appropriate measures to prevent the criminaliBation of victims of se, traffic/ing* including child victims* to the e,tent that the& have been compelled to engage in unla+ful activities. $he State part& should revie+ its la+s and regulations to ensure full protection against forced labour for all categories of +or/ers and ensure effective oversight of labour conditions in an& temporar& visa program. It should also reinforce its training activities and provide training to la+ enforcement and border and immigration officials* as +ell as to other relevant agencies such as labour la+ enforcement agencies and child +elfare agencies. Immigrants 1!. The Committee is concerned that under certain circumstances mandator, detention of immi#rants for pro$on#ed periods of time 'ithout re#ard to the indi)idua$ case ma, raise issues under artic$e : of the Co)enant. *t is a$so concerned a(out the mandator, nature of the deportation of forei#ners 'ithout re#ard to e$ements such as the seriousness of crimes and misdemeanors committed the $en#th of $a'fu$ sta, in the U.S. hea$th status fami$, ties and the fate of spouses and chi$dren sta,in# (ehind or the humanitarian situation in the countr, of destination. @ina$$, the Committee e+presses concerns a(out the e+c$usion of mi$$ions of undocumented immi#rants and their chi$dren from co)era#e under the Afforda($e Care Act and the $imited co)era#e of undocumented immi#rants and immi#rants residin# $a'fu$$, in the U.S. for $ess than fi)e ,ears (, %edicare and Chi$dren Kea$th *nsurance a$$ resu$tin# in difficu$ties in access of immi#rants to adeEuate hea$th care (arts. 4 : 13 14 &4 and &").
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$he Committee recommends to the State part& to revie+ its policies of mandator& detention and deportation of certain categories of immigrants in order to allo+ for individualiBed decisions* to ta/e measures ensuring that affected persons have access to legal representation* and to identif& +a&s to facilitate access of undocumented immigrants and immigrants residing la+full& in the U.S. for less than five &ears and their families to ade-uate health care* including reproductive health care services. omestic violence 1". The Committee is concerned that domestic )io$ence continues to (e pre)a$ent in the State part, and that ethnic minorities immi#rants and American *ndian and A$as.a ?ati)e 'omen are at a particu$ar ris.. The Committee is a$so concerned that )ictims face o(stac$es to o(tainin# remedies and that $a' enforcement authorities are not $e#a$$, reEuired to act 'ith due di$i#ence to protect )ictims of domestic )io$ence and often inadeEuate$, respond to such cases (arts. 3 4 : and &") $he State part& should* through the full and effective implementation of the !iolence against Fomen Act and the <amil& !iolence Prevention and Services Act* strengthen measures to prevent and combat domestic violence* as +ell as to ensure that la+ enforcement personnel appropriatel& respond to acts of domestic violence. $he State part& should ensure that cases of domestic violence are effectivel& investigated and that perpetrators are prosecuted and sanctioned. $he State part& should ensure remedies for all victims of domestic violence* and ta/e steps to improve the provision of emergenc& shelter* housing* child care* rehabilitative services and legal representation for +omen victims of domestic violence. $he State part& should also ta/e measures to assist tribal authorities in their efforts to address domestic violence against "ative American +omen. Corporal punishment 14. The Committee is concerned a(out the use of corpora$ punishment of chi$dren in schoo$s pena$ institutions the home and a$$ forms of chi$d care at federa$ state and $oca$ $e)e$s. *t is a$so concerned a(out the increasin# crimina$iJation of students to tac.$e discip$inar, issues arisin# in schoo$s (arts. 4 10 and &4). $he State part& should ta/e practical steps* including through legislative measures +here appropriate* to put an end to corporal punishment in all settings. It should encourage non8violent forms of discipline as alternatives to corporal punishment and should conduct public information campaigns to raise a+areness about its harmful effects. $he State part& should also promote the use of alternatives to the application of criminal la+ to address disciplinar& issues in schools. "on8consensual ps&chiatric treatment 15. The Committee is concerned a(out the 'idespread use of nonDconsensua$ ps,chiatric medication e$ectroshoc. and other restricti)e and coerci)e practices in menta$ hea$th ser)ices (arts. 4 and 14). $he State part& should ensure that non8consensual use of ps&chiatric medication* electroshoc/ and other restrictive and coercive practices in mental health services is generall& prohibited. "on8consensual ps&chiatric treatment ma& onl& be applied* if at all* in e,ceptional cases as a measure of last resort +here absolutel& necessar& for the benefit of the person concerned provided that he or she is unable to give consent* for the shortest possible time* +ithout an& long8term impact* and under independent revie+. $he State part& should promote ps&chiatric care aimed at preserving the dignit& of patients* both adults and minors. CriminaliBation of homelessness
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1:. Fhi$e appreciatin# the steps ta.en (, federa$ and some state and $oca$ authorities to address home$essness the Committee is concerned a(out reports of crimina$iJation of peop$e $i)in# on the street for e)er,da, acti)ities such as eatin# s$eepin# sittin# in particu$ar areas etc. The Committee notes that such crimina$iJation raises concerns of discrimination and crue$ inhuman or de#radin# treatment (arts. & 4 : 14 and &"). $he State part& should engage +ith state and local authorities to' (a) abolish criminaliBation of homelessness la+s and policies at state and local levels6 (b) ensure close cooperation bet+een all relevant sta/eholders including social* health* la+ enforcement and .ustice professionals at all levels to intensif& efforts to find solutions for the homeless in accordance +ith human rights standards6 and (c) offer incentives for decriminaliBation and implementation of such solutions* including b& providing continued financial support to local authorities implementing alternatives to criminaliBation and +ithdra+ing funding for local authorities criminaliBing the homeless. Conditions of detention and use of solitar& confinement &0. The Committee is concerned a(out the continued practice of ho$din# persons depri)ed of their $i(ert, inc$udin# 1u)eni$es and persons 'ith menta$ disa(i$ities under certain circumstances in pro$on#ed so$itar, confinement and a(out detainees (ein# he$d in so$itar, confinement a$so in pretria$ detention. The Committee is furthermore concerned a(out poor detention conditions in death ro' faci$ities (arts. 4 : 10 14 and &4). $he State part& should monitor conditions of detention in prisons* including private detention facilities* +ith a vie+ to ensuring that persons deprived of their libert& be treated in accordance +ith the re-uirements of articles E and 24 of the Covenant and the U" Standard Ginimum Rules for the $reatment of Prisoners. It should impose strict limits on the use of solitar& confinement* both pretrial and follo+ing conviction* in the federal s&stem* as +ell as nation+ide* and abolish the practice in respect of an&one under the age of 29 and prisoners +ith serious mental illness. It should also bring detention conditions of prisoners on death ro+ in line +ith international standards. etainees at 7uantHnamo Ba& &1. Fhi$e notin# President 9(ama-s commitment to c$ose the 6uant7namo 3a, faci$it, and the appointment of Specia$ 8n)o,s at the >epartments of State and >efense to continue to pursue the transfer of detainees desi#nated for transfer the Committee re#rets that no time$ine for c$osure of the faci$it, has (een pro)ided. The Committee is a$so concerned that detainees he$d in 6uant7namo 3a, and in mi$itar, faci$ities in Af#hanistan are not dea$t 'ith 'ithin the ordinar, crimina$ 1ustice s,stem after a protracted period of o)er a decade in some cases (arts. 4 : 10 and 14). $he State part& should e,pedite the transfer of detainees designated for transfer* including to Demen* as +ell as the process of periodic revie+ for 7uantHnamo detainees* and ensure either their trial or immediate release* and the closure of the 7uantHnamo facilit&. It should end the s&stem of administrative detention +ithout charge or trial and ensure that an& criminal cases against detainees held in 7uantHnamo and militar& facilities in Afghanistan are dealt +ith +ithin the criminal .ustice s&stem rather than militar& commissions and that those detainees are afforded the fair trial guarantees enshrined in article 25 of the Covenant. "SA surveillance &&. The Committee is concerned a(out the sur)ei$$ance of communications in the interests of protectin# nationa$ securit, conducted (, the ?ationa$ Securit, A#enc, (?SA) (oth 'ithin and outside the United States throu#h the (u$. phone metadata pro#ram
9

(Section &1! of the PATR*9T Act) and in particu$ar the sur)ei$$ance under Section 40& of Amendments to the @orei#n *nte$$i#ence Sur)ei$$ance Act (@*SA) conducted throu#h PR*S% (co$$ection of the contents of communications from U.S.D(ased companies) and UPSTR8A% (tappin# of fi(erDoptic ca($es in the U.S. that carr, internet traffic) pro#rams and their ad)erse impact on the ri#ht to pri)ac,. The Committee is concerned that unti$ recent$, 1udicia$ interpretations of @*SA and ru$in#s of the @orei#n *nte$$i#ence Sur)ei$$ance Court (@*SC) ha)e $ar#e$, (een .ept secret thus not a$$o'in# affected persons to .no' the $a' 'ith sufficient precision. The Committee is concerned that the current s,stem of o)ersi#ht of the acti)ities of the ?SA fai$s to effecti)e$, protect the ri#hts of those affected. Fhi$e 'e$comin# the recent Presidentia$ Po$ic, >irecti)e (PP>D&5) that 'i$$ no' e+tend some safe#uards to nonDUS persons ;to the ma+imum e+tent feasi($e consistent 'ith the nationa$ securit,= the Committee remains concerned that such persons en1o, on$, $imited protection a#ainst e+cessi)e sur)ei$$ance. @ina$$, the Committee is concerned that those affected ha)e no access to effecti)e remedies in case of a(use (arts. & !(1) and 14). $he State part& should' (a) ta/e all necessar& measures to ensure that its surveillance activities* both +ithin and outside the United States* conform to its obligations under the Covenant* including article 2E6 in particular* measures should be ta/en to ensure that an& interference +ith the right to privac& complies +ith the principles of legalit&* proportionalit& and necessit& regardless of the nationalit& or location of individuals +hose communications are under direct surveillance6 (b) ensure that an& interference +ith the right to privac&* famil&* home or correspondence be authoriBed b& la+s that (i) are publicl& accessible6 (ii) contain provisions that ensure that collection of* access to and use of communications data are tailored to specific legitimate aims6 (iii) are sufficientl& precise specif&ing in detail the precise circumstances in +hich an& such interference ma& be permitted6 the procedures for authoriBing6 the categories of persons +ho ma& be placed under surveillance6 limits on the duration of surveillance6 procedures for the use and storage of the data collected6 and (iv) provide for effective safeguards against abuse6 (c) reform the current s&stem of oversight over surveillance activities to ensure its effectiveness* including b& providing for .udicial involvement in authoriBation or monitoring of surveillance measures* and considering to establish strong and independent oversight mandates +ith a vie+ to prevent abuses6 (d) (e) abuse. Iuvenile .ustice and life +ithout parole sentences &3. Fhi$e notin# 'ith satisfaction the Supreme Court decisions prohi(itin# $ife 'ithout paro$e sentences for chi$dren con)icted of nonDhomicide offenses (6raham ). @$orida) and (arrin# mandator, $ife 'ithout paro$e sentences for chi$dren con)icted of homicide offenses (%i$$er ). A$a(ama) and the State part,-s commitment to their retroacti)e app$ication the Committee is concerned that a court sti$$ ma, 'ithin its discretion sentence a defendant to $ife 'ithout paro$e for a homicide committed as a 1u)eni$e and that a mandator, or nonDhomicide re$ated sentence of $ife 'ithout paro$e ma, sti$$ (e app$ied to adu$ts. *t is a$so concerned that man, states e+c$ude 1" and 14 ,ear o$ds from 1u)eni$e court 1urisdictions and thus 1u)eni$es continue to (e tried in adu$t courts and to (e incarcerated in adu$t institutions (arts. 4 : 10 14 1! and &4). $he State part& should prohibit and abolish all .uvenile life +ithout parole sentences irrespective of the crime committed* as +ell as all mandator& and non8homicide related sentences of life +ithout parole. It should also ensure that all .uveniles are
C

refrain from imposing mandator& retention of data b& third parties6 ensure that affected persons have access to effective remedies in cases of

separated from adults during pretrial detention and after sentencing and that .uveniles are not transferred to adult courts. States that automaticall& e,clude 2A and 2E &ear olds from .uvenile court .urisdictions should be encouraged to change their la+s. !oting rights &4. Fhi$e notin# 'ith satisfaction Attorne, 6enera$ Ko$der-s statement of 11 @e(ruar, &014 ca$$in# for a reform of prisoner disenfranchisement State $a's the Committee reiterate its concern a(out the persistence of stateD$e)e$ fe$on disenfranchisement $a's its disproportionate impact on minorities and the $en#th, and cum(ersome state )otin# restoration procedures. The Committee is further concerned that )oter identification and other recent$, introduced e$i#i(i$it, reEuirements ma, impose e+cessi)e (urdens on )oters resu$tin# in de facto disenfranchisement of $ar#e num(ers of )oters inc$udin# mem(ers of minorit, #roups. @ina$$, the Committee reiterates its concern that residents of the >istrict of Co$um(ia are denied the ri#ht to )ote for and e$ection of )otin# representati)es to the U.S. Senate and Kouse of Representati)es (arts. & 10 &! and &"). $he State part& should ensure that all states reinstate voting rights to felons +ho have full& served their sentences* provide inmates +ith information about their voting restoration options and remove or streamline length& and cumbersome state voting restoration procedures* as +ell as revie+ automatic denial of the vote to an& imprisoned felon* regardless of the nature of the offence. It should also ta/e all necessar& measures to ensure that voter identification re-uirements and the ne+ eligibilit& re-uirements do not impose e,cessive burdens on voters resulting in de facto disenfranchisement. $he State part& should also provide for the full voting rights of residents of Fashington* .C. Rights of indigenous people &!. The Committee is concerned a(out the insufficient measures (ein# ta.en to protect the sacred areas of indi#enous peop$es a#ainst desecration contamination and destruction as a resu$t of ur(aniJation e+tracti)e industries industria$ de)e$opment tourism and to+ic contamination. *t is a$so concerned a(out restricted access of indi#enous peop$e to sacred areas essentia$ for preser)ation of their re$i#ious cu$tura$ and spiritua$ practices and the insufficienc, of consu$tation conducted 'ith indi#enous peop$es on matters of interest to their communities (art. &4). $he State part& should adopt measures to effectivel& protect sacred areas of indigenous peoples against desecration* contamination and destruction and ensure that consultations are held +ith the communities that might be adversel& affected b& State part&0s development pro.ects and e,ploitation of natural resources +ith a vie+ to obtaining their free* prior and informed consent for the potential pro.ect activities. &". The State part, shou$d 'ide$, disseminate the Co)enant the te+t of the fourth periodic report the 'ritten responses that it has pro)ided in response to the $ist of issues dra'n up (, the Committee and the present conc$udin# o(ser)ations so as to increase a'areness amon# the 1udicia$ $e#is$ati)e and administrati)e authorities ci)i$ societ, and nonD#o)ernmenta$ or#aniJations operatin# in the countr, as 'e$$ as the #enera$ pu($ic. The Committee a$so reEuests the State part, 'hen preparin# its fifth periodic report to continue its practice of (road$, consu$tin# 'ith ci)i$ societ, and nonD#o)ernmenta$ or#aniJations. &4. *n accordance 'ith ru$e 41 para#raph ! of the Committee-s ru$es of procedure the State part, shou$d pro)ide 'ithin one ,ear re$e)ant information on its imp$ementation of the Committee-s recommendations made in para#raphs ! 10 &1 and && a(o)e.

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&5. The Committee reEuests the State part, in its ne+t periodic report due to (e su(mitted on &5 %arch &01: to pro)ide specific upDtoDdate information on a$$ its recommendations and on the Co)enant as a 'ho$e.

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