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“I am frustrated by my lack of access to Bradley E. Manning,” says the UN Special Rapporteur on Torture

GENEVA (11 April 2011) – United Nations Special Rapporteur on Torture, Juan E. Méndez, said Monday that despite his repeated requests to visit Private First Class Bradley E. Manning, the United States Government has not granted him unmonitored access to the detainee.

“Since December 2010, I have been engaging the US Government on visiting Mr. Manning, at the invitation of his Counsel, to determine his current condition,” the human rights expert said. “Unfortunately, the US Government has not been receptive to a confidential meeting with Mr. Manning.”

The UN Special Rapporteur on Torture, as part of the methods of work for his mandate, requires unimpeded access to all places of detention, where he can hold private, confidential and unsupervised interviews with detainees. The requirement of a private, confidential and unsupervised interview is a standard practice of the Rapporteur’s mandate and ensures the credibility of any interviews that an independent expert holds with detainees or persons who allege that they have been subjected to torture and ill-treatment.

“I have since last year on several occasions raised serious concern about the conditions of detention of Mr. Manning, who since his arrest in May 2010, has been confined to his cell for twenty-three hours a day at the Marine Corps Brig, Quantico, Virginia. I have also urged the authorities to ensure his physical and mental integrity,” said Mr. Méndez.

The Special Rapporteur further requested the consent of the US Government to facilitate a visit to Mr. Manning after Mr. Méndez was approached by Mr. Manning’s defense counsel in February of this year. While the US Government did not give Mr. Méndez a formal response it encouraged the Special Rapporteur to request permission directly from the Brig Commander at Quantico. A request for an ‘official visit’ was made in late March, and the relevant official promised that the request would be considered through the chain of command.

“Even though I have not received an official answer from the Brig Commander, Mr. Manning’s counsel has learned that the request for an official visit has been denied,” Mr. Méndez said. “Presumably, the alternative is a ‘private visit’, the difference between the two is that the latter takes place in the presence of a guard, while an official visit may be unmonitored.”

On Friday, April 8, the Special Rapporteur held a conversation with high authorities in the Departments of Defense and State. Those officials confirmed that Manning could ask to see the Special Rapporteur if he so wished and in that case the US Government would have no objection to a ‘private visit,’ meaning a visit that is monitored by prison officials.

“I am deeply disappointed and frustrated by the prevarication of the US Government with regard to my attempts to visit Mr. Manning. I understand that Pfc Manning does not wish to waive his right to an unmonitored conversation with me,” the human rights expert said. “My request for a private, confidential and unsupervised interview with Manning is not onerous: for my part, a monitored conversation would not comply with the practices that my mandate applies in every country and detention center visited. In fact, such forms of interview have been used by the Special Rapporteur in, at least, 18 countries over the last 6 years.”

“I raised my concerns, last Friday, with high-ranking officials of the Department of State and Department of Defense of the US Government and have asked them to reconsider their decision not to grant me an ‘official visit’ with Mr. Manning,” he said. “The United States of America has a key role in setting examples on issues concerning my mandate as Special Rapporteur on torture, which makes it a vital partner for engagement.”

“I am letting Mr. Manning know, through his counsel, of this decision by the US Government. I am willing to visit him if he wants to talk to me, even under these conditions, albeit in the understanding that I will continue to insist on an interview without witnesses,” Mr. Méndez said.

The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Méndez, is independent from any government and serves in his individual capacity.

Learn more about the mandate and work of the Special Rapporteur: http://www2.ohchr.org/english/issues/torture/rapporteur/index.htm

Check the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: http://www2.ohchr.org/english/law/cat.htm

OHCHR Country Page – USA: http://www.ohchr.org/EN/Countries/ENACARegion/Pages/USIndex.aspx

For more information and media requests, please contact Mr. Tsatsu Dawson (Tel: +41 22 917 9711 / email: tdawson@ohchr.org) or write to sr-orture@ohchr.org.