Torture not Treatment - Disability Rights International

TORTURE NOT TREATMENT
A flat ban on the use of electricity or long-term use of restraints to treat or modify behavior
would be the best way to prevent future abuse. Such a ban would be consistent with federal
policy and best practice in the field of behavior modification that strongly supports positive
behavioral supports instead of painful aversives. Such a ban would be consistent with what CAT
has called for to protect people in custody in a law enforcement context. In 2000, as described
above, CAT recommended that the United States ―abolish electro-shock stun belts and restraint
chairs as methods of restraining those in custody since ‗their use almost invariably leads to
breaches of article 16 of the Convention [defining inhuman and degrading treatment].‘‖ 226
This year, CAT will be conducting its fifth periodic review and report of the United States of
America and its compliance with the UN Convention against Torture. In its last review of the US
in 2006, CAT‘s report made a number of recommendations to the US government with regard to
torture, including a concern they voiced over the use of electro-shock devices: “restricting it to
substitution for lethal weapons and eliminate the use of these devices to restrain persons in
custody…” 227 In this year‘s review by CAT, in their list of issues of concern, they again bring up
the use of electro-shock devices and ask the government if they have restricted its use as a
substitution for lethal weapons only, as recommended in CAT‘s previous observations. And they
ask point blank, ―Are such devices still used to restrain persons in custody?‖ 228 CAT has also
asked for updated information on steps taken to ―address the concern about the conditions of
detention of children‖ with a particular emphasis on the use of excessive force. 229 And finally
CAT asks:
Please describe steps taken to end the practice of corporal punishment in schools, in
particular of mentally and/or physically disabled students. 230
This year, the United States human rights record is being scrutinized by the United Nations as
part of a process known as ―universal periodic review‖ under all the human rights conventions
the United States has ratified. The United States report to the United Nations should include
detailed information on the use of force against children with disabilities at JRC.
Since the United States legal system has failed to protect children and adults with disabilities,
MDRI brings this urgent appeal to the UN Special Rapporteur on Torture and
recommends:
The UN Special Rapporteur on Torture should demand a full international accounting by
the United States government of the abusive practices being perpetrated at the facility;
The use of electric shock and long-term restraints should be brought to an immediate halt
as a form of behavior modification or treatment;
New federal law should be adopted to completely ban the infliction of severe pain for socalled
therapeutic purposes in any context;
Torture as treatment should be banned and prosecuted under criminal law.
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