THE BURNED OVER DISTRICT

The official US response to the UN Committee Against Torture in Geneva may not be put in so many words, but remember, we are Americans so that is really all that matters.

During a periodic review of the country’s obligations under the Convention Against Torture, the United States is expected to go before the United Nations Committee Against Torture in Geneva and defend the use of solitary confinement.

On November 12 and 13, the committee will scrutinize President Barack Obama’s administration and its compliance with the treaty.

The UN Special Rapporteur on Torture defines [PDF] solitary confinement as “physical and social isolation of individuals who are confined to their cells for 22 to 24 hours a day.” The UN has been particularly concerned about “prolonged solitary confinement,” which is a “period of solitary confinement in excess of 15 days.” This is when “some of the harmful psychological effects of isolation can become irreversible.”

Also, the Special Rapporteur expressed concern in 2011 that “super maximum security” prisons “impose solitary confinement as a normal, rather than an ‘exceptional,’ practice for inmates.”

The Committee has asked the US government to “please describe steps taken to improve the extremely harsh regime imposed on detainees in “super-maximum security prisons”, in particular the practice of prolonged isolation.”

The US government, however, still maintains [PDF], as it did in 2011, that “there is no systematic use of solitary confinement in the United States.”

In a response to the question posed by the committee, the US government submitted a written response that included this defense of solitary at supermax prisons (ADX).

Security requirements at the ADX mandate restrictive procedures for movement of inmates and physical interaction with staff. For security reasons, inmates in General Population spend most of their day in individual cells. They are not deprived, however, of human interaction. Inmates can speak with (but not touch) one another in the recreation yards, and can communicate with the inmates housed on either side of their cells. The Warden, Associate Wardens, Captain, and Department Heads perform weekly rounds so they can visit with each inmate. Correctional Officers perform regular rounds throughout all three shifts on a daily basis. A member of an inmate’s Unit Team visits him every day, Monday through Friday, except on holidays. Inmates receive regular visits from medical staff, education staff, religious services staff, and mental health staff, and upon request if needed. In addition, General Population inmates are permitted five non-contact social visits per month and two fifteen-minute phone calls. Inmates in less restrictive housing units are permitted even more social visits and phone calls. Inmates can also send and receive personal correspondence.

Essentially, the US government’s position on solitary confinement or “administrative segregation” is that it is not inhumane because inmates come into contact with staff members of the prison on a daily basis.

The US government additionally states in its response to the committee that the US Supreme Court has “held that a 30-day period of disciplinary segregation of prisoners from the general population does not give rise to a liberty interest that would require a full due process hearing prior to imposition of the punishment.”

In other words, it is not until fifteen days after “irreversible” effects of solitary confinement starts to occur that the US government believes an inmate should be able to challenge his or her confinement condition

We're cool, SCOTUS said it was OK, just like George W said torture was OK. If you can't believe them, who can you believe.