We stand together so prisoners never have to go through the years of torture we did

Published on the SF Bayiew, March 1, 2018
by Todd Ashker

This is a follow-up to our October 2017 Prisoner Class Human Rights Movement’s statement of prisoner representatives on the second anniversary of the Ashker v. Brown settlement.

In our collective October 2017 statement, we stressed: “(P)risoners and our families will have to re-energize the human rights movement, to fight against the continuing violations of our rights.” We reminded all involved, “We must stand together, not only for ourselves, but for future generations of prisoners, so that they don’t have to go through the years of torture that we had to.”

With this in mind, I am sharing a copy of my proposed “Open Letter to Gov. Brown, California legislators and CDCR Secretary Kernan on ongoing human rights violations and lack of reparative action for decades of torture” with the hope of helping to re-energize our movement, by gaining widespread support for the positions presented in the “open letter.”

As many are aware, our current collective movement began in the bowels of Pelican Bay State Prison – the SHU Short Corridor, wherein prisoners of different races and geographical areas became openly conscious of what we had in common, rather than what was different and divisive. We recognized we’d all been subjected to the same adversary’s boots on our necks, all members of a prisoner class subjected to decades of solitary confinement torture.

We became aware of the fact that those of us serving “term-to-life” sentences were all akin to the living dead, our existence being that of a mind numbing, spirit destroying, endless nightmare. I believe coming together in the Short Corridor, where we witnessed the toll of our slow decay, together with the prisoncrats progressively punitive, oppressive provocations, was one cause of our awakening, leading to us coming together as the PBSP SHU Short Corridor Collective.

Our struggle was focused on ending long-term solitary confinement and improvements to conditions. We stood up together and collectively we educated our loved ones and the general public about what had been in society’s shadow for far too long. We publicly “drew the line” and said, “No more!”

As a committed collective of fellow human beings, a large majority hailing from working class, poor communities, we lead our struggle from behind the walls, putting our lives in the balance – at that point, our lives being all we had. We demanded an end to our torture, based on our inherent right as human beings to humane treatment, inclusive of dignity and respect for our loved ones and the unfortunate generations to follow.

Notably, our collective membership had been the subject of the state’s decades long tough-on-crime war against the working-class poor. Politicized, we were vilified and branded as “the worst of the worst” in order to justify our subjection to endless torture – lasting for many of us more than 30 years.

In our collective October 2017 statement, we stressed: “(P)risoners and our families will have to re-energize the human rights movement, to fight against the continuing violations of our rights.” We reminded all involved, “We must stand together, not only for ourselves, but for future generations of prisoners, so that they don’t have to go through the years of torture that we had to.”
In this climate, we came together and utilized non-violent, peaceful protest actions, mass hunger strikes and work stoppages, which, together with the support of our awakened loved ones and countless other people of conscience outside the walls – while all along suffering with us – exposed our plight to the world community.

In 2012, we introduced our collective “Agreement to End Race-based Hostilities,” making clear our united intent to no longer be the source of our mutual adversary’s manipulation tactics, centered on keeping us divided and violent towards one another, which was thereby used to justify our adversary’s agenda – supermax, indefinite warehousing.

In that way, we demonstrated our humanity in the face of the provocations of our oppressive torturers. We pointed out the fact that, in the absence of race-based violence, our mutual adversary would be forced to end its policy of warehousing us in the small cells indefinitely, and open the prison up for meaningful programming and privileges, beneficial to the prisoner class.

I mention the above points as important reminders of the fact that the main basis for the success we’ve achieved to date has been our collective unity inside and outside the prison walls, making strategic use of combined litigation and peaceful activism, action tools, which, together with our related collective belief in and commitment to our cause, is a great example of “the power of the people.”

Our adversaries are constantly resisting any change beneficial to the prisoner class! History demonstrates the importance of our need to stand together collectively and refuse to allow those in power – at the will of the people – to halt our progressive movements’ demands for human rights and real justice, because, historically, every class action, civil-suit “victory” for the prisoner class in California has been manipulated by prisoncrats to the ultimate detriment of those that such “victory” was intended to benefit. It’s a non-stop battle!

What I greatly appreciate and respect about our Prisoner Class Human Rights Movement is what I hope is our part in society’s evolutionary leap in collective human consciousness. Standout examples of this for me go back to the Arab Spring and the massive Georgia prison system-wide work strike in December 2010 and then the January 2011 hunger strike at Ohio State Prison.

The main basis for the success we’ve achieved to date has been our collective unity inside and outside the prison walls, making strategic use of combined litigation and peaceful activism, action tools, which, together with our related collective belief in and commitment to our cause, is a great example of “the power of the people.”
Reflecting on the above, as well as our historic, collective group mass hunger strike protests across the California system of 2011-2013, brings to mind an often quoted phrase – a sort of benchmark of what’s wrong with society. Fyodor Dostoyevsky, reflecting on his own incarceration, famously said, “The degree of civilization in a society can be judged by entering its prisons.”

Our collective composed of working class poor coming together in the context of having been demonized – tortured over three decades, facing extreme adversity from a powerful, well-funded adversary toppled and to an extent losing their supermax jewel, the PBSP SHU, by our peaceful protests and related global condemnation and litigation – epitomizes a great side of our society! I hope it’s an example of a growing social revolutionary process.

Related to the above, and to our common struggle in general, I want to share a few excerpts from “The Zinn Reader” – a bit of food for thought. On the subject of “Law and Justice,” Zinn wrote in “Obedience and Disobedience,” page 369:

“’Obey the law.’ That is a powerful teaching, often powerful enough to overcome deep feelings of right and wrong, even to override the fundamental instinct for personal survival. We learn very early (it’s not in our genes) that we must obey ‘the law of the land.’ …

“But the dominant ideology leaves no room for making intelligent and humane distinctions about the obligation to obey the law. It is stern and absolute. It is the unbending rule of every government, whether fascist, communist or liberal capitalist. Gertrude Schultz-Klink, chief of the Women’s Bureau under Hitler, explained to an interviewer after the war the Jewish policy of the Nazis: ‘We always obeyed the law. Isn’t that what you do in America? Even if you don’t agree with a law personally, you still obey it. Otherwise, life would be chaos.’

“’Life would be chaos.’ If we allow disobedience to law we will have anarchy. That idea is inculcated in the population of every country. The accepted phrase is ‘law and order.’ It is a phrase that sends police and military in to break up demonstrations everywhere, whether in Moscow or Chicago. It was behind the killing of our students at Kent State University in 1970 by National Guardsmen. It was the reason given by Chinese authorities in 1989 when they killed hundreds of demonstrating students in Beijing.

“It is a phrase that has appeal for most citizens, who, unless they themselves have a powerful grievance against authority, are afraid of disorder. … Surely, peace, stability and order are desirable. Chaos and violence are not. But stability and order are not the desirable conditions for social life. There is also justice, meaning the fair treatment of all human beings, the equal right of all people to freedom and prosperity. Absolute obedience to law may bring order temporarily, but it may not bring justice. And when it does not, those treated unjustly may protest, may rebel, may cause disorder, as the American revolutionaries did in the 18th century, as anti-slavery people did in the 19th century, as Chinese students did in the 20th century, and as working people going on strike have done in every country, across the centuries.”

I appreciate Zinn’s view that absolute obedience to the law may achieve order for a time, while lacking justice. My point in sharing it is: Just because it’s a law – or a rule or regulation – does not make it right or just. And when it’s not, especially when those in power recite it to justify violations of human rights, it’s the responsibility of all to protest, to rebel, to cause disorder as necessary to force change.

From Zinn’s “The Optimism of Uncertainty,” “(T)he struggle for justice should never be abandoned because of the apparent overwhelming power of those who have the guns and money and who seem invincible in their determination to hold onto it. That apparent power has, again and again, proven vulnerable to human qualities less measurable than bombs and dollars: moral fervor, determination, unity, organization, sacrifice, wit, ingenuity, courage, patience – whether by Blacks in Alabama and South Africa, peasants in El Salvador, Nicaragua and Vietnam, or workers and intellectuals in Poland, Hungary, the Soviet Union itself. No cold calculation of the balance of power need deter people who are persuaded that their cause is just.”

In “We are Everywhere: The Irresistible Rise of Global Anticapitalism,” Herbert Read writes: “What has been worthwhile in human history – the great achievements of physics and astronomy, of geographical discovery and of human healing, of philosophy and of art – has been the work of extremists, of those who believed in the absurd, dared the impossible.”

I greatly appreciate your time, attention, courage and dedicated, supportive commitment to our collective struggle. Our strength and power come from our unity! And I am certain we can and will continue to make positive impacts upon the system, forcing real changes beneficial to all.

I hope we all continue to move forward, confident our fight is a worthy and just cause, working together in imaginative, strategic ways. It would be great if people will share, promote and build on the subject. Examples are in my “Open Letter,” possibly adding a supporting petition, signed by as many as possible, even if the petition is presented after public presentation of the “Open Letter” to the named parties.

There are more innovative, imaginative ideas that I’m working on and will share for your consideration soon. In the meanwhile, stay strong.

In Solidarity and Respect,

Todd

Send our brother some love and light: Todd Ashker, C-58191, KVSP ASU2-194, P.O. Box 5106, Delano CA 93216.


Open Letter to Gov. Brown, California legislators and CDCR Secretary Kernan on ongoing human rights violations and lack of reparative action for decades of torture
Re: Attention to ongoing human right violations and related lack of reparative action necessary to begin making amends for more than three decades of systematic, intentional, state-sanctioned torture

I respectfully present the above-named parties with this “open letter” requesting attention to ongoing human rights violations and related lack of reparative action necessary to begin making amends for more than three decades of systematic, intentional, state-sanctioned torture and related harm therefrom to the prisoner class, as well as the general public, marked by the stain such policies cause subsequent to global condemnation; e.g., 2011-2013 mass, peaceful prisoner hunger strike protests against decades of subjection to torturous solitary confinement.

I present this “open letter” as a proudly involved principle representative of the growing Prisoner Class Human Rights Movement, as a peaceful action-activist, prison conditions litigator (inclusive of being lead named plaintiff in Ashker v. Brown) and 30-year survivor of CDCR’s state-sanctioned torture policies and practices.

I bring to your attention five examples of CDCR policies and practices equating to egregious, on-going human rights violations, resulting in numerous deaths and terrible, permanent harm to tens of thousands of prisoners, to our outside loved ones of the prisoner class and the general public, with hope for meaningful, tangible action to ensure this never occurs again; as well as timely, reparative action necessary to begin making amends for harm caused.

I. Examples of CDCR policies and practices equating to egregious, on-going human rights violations, harming tens of thousands

A) Status-based (CDCR classification as validated gang affiliate), indefinite placement in solitary confinement (SHU) “until you parole, die or debrief.” Many prisoner class members were subjected to this endless, torturous nightmare for more than three decades. Secretary Kernan called this a “failed experiment” during an October 2017 TV interview on “60 Minutes.”

B) Building more than 23 prisons, equating to thousands of cells, basically designed as massive human warehouses, with little thought about work, education, vocational and rehabilitative opportunities – thus causing severe shortages of support structures (classrooms, shops etc.), resulting in the majority of prisoners languishing in small cells for years on end. This is in spite of the fact that providing prisoners with such opportunities of substantive meaningfulness is proven to reduce recidivism.

C) Building several large prisons in the southern Central Valley desert areas of the state, known to be covered with deadly valley fever spores. The knowledge goes at least as far back as WWII, whereupon the same areas were sites for German POWs and Japanese internment camps, where hundreds died of valley fever.

Notable is the fact that, in an approximate four-to-six-year time period, 60 to 70 CDCR prisoners died of valley fever, with countless others, including staff, becoming deathly ill, many permanently damaged. Around 2014-2015, the federal court medical overseer, in connection with the class action Plata case, ordered the immediate transfer of approximately 300 at-risk prisoners to prisons outside the known valley fever zone. This order was initially resisted. The media quoted Gov. Brown stating, “It’s not been proven valley fever is the cause of deaths and illnesses. Thus, we will challenge the order, pending a study.” His statement held until a New Yorker magazine published an article with data regarding WWII deaths at the same sites.

D) Decades of constitutionally deficient medical and mental health care, resulting in countless preventable deaths, medical and suicidal, which the state fought tooth and nail to preserve, demonstrated a total lack of respect for the federal court orders in the mental health class action Coleman case between 1990 and 2006, when CDCR violated more than 70 court orders issued by Judge Karlton. This resulted in the creation of the federal three-judge panel, combining the Coleman and Plata cases, wherein it was determined that “overcrowding” in the CDCR system was the primary cause of decades of failure to provide the minimum of medical and mental health care mandated by the U.S. Constitution. The panel of judges ordered a reduction of prisoners, which the state appealed to the U.S. Supreme Court and lost, based on the well-established on record, shocking abuse. To this day, thousands are denied adequate treatment to cure their Hepatitis C.

E) CDCR policy and practice that subjects countless women prisoners seeking contraception and other types of care to permanent sterilization! Without their knowledge or consent!

F) CDCR policy and practice, arguably resulting in at least 39 deaths and hundreds of severe, permanent injuries, amounting to criminal homicide and assault with great bodily injury in a nine-year period, from January 1987 to December 1995, when CDCR used the “The Warning Shot” and “Integrated SHU Concrete Yard” policies. Under these policies, staff are mandated to respond to any and all physical altercations with deadly force – high power assault rifles, using specialized ammunition designed to cause maximum damage, e.g., 9 mm “glazier” rounds and mini-14, 223s. At that time, CDCR “integrated” the small concrete yards at New Folsom and Corcoran, placing segregated SHU prisoners – segregated based on historic rivalries – on yards together.

In a federal court civil trial, Eastern District, Sacramento 1994, a top CDCR administrator, Diggs, testified that they “knew the above policies would initially result in chaos, but viewed such as ‘collateral’ because they believed, over time, prisoners in SHU who wanted their only out-of-cell yard time would learn to get along.” Another “failed experiment.”

To reiterate, the above are presented as examples of on-going human rights violations in the CDCR system. They are each notable to have gone on unchecked for long periods of time, known to be morally and ethically – in addition to legally – wrong beforehand.

Each of the above continued for long periods of time, until finally being publicly exposed and condemned, thereby forcing some changes, often after protracted legal battles as well.

Unfortunately, several areas referenced above continue to be unresolved, meaning decades of egregious, harmful violations continue to this day! I hope you will take them seriously and take reparative action. Some suggested actions follow:

II. Suggested reparative actions necessary to begin making amends for more than three decades of systematic, intentional, state-sanctioned torture

The following are suggested examples of reparative-type actions to begin to amend the process for tens of thousands of warehoused prisoners in general, as well as towards the damage done to those members of the prisoner class subjected to the “failed experiment,” having been subject to more than 30 years of solitary confinement torture, the damage of which persists to this day. See, for example, the 2017 Stanford report, “Mental Health Consequences Following Release from Long-Term Solitary Confinement in California.”

The following suggestions are briefly summarized, and more detailed support will be presented soon.

A) Term-to-life sentences and parole suitability:

Many prisoners used as guinea pigs in CDCR’s decades-long solitary confinement, a “failed experiment,” per Secretary Kernan, are serving term-to-life sentences: seven years to life, 15 years to life or 25 years to life, incarcerated since the early 1970s or the ‘80s and ‘90s. They are above and beyond their base term and their minimum eligible parole dates, many having served double, triple and more beyond those dates. I know several men who are still serving seven-years-to-life sentences given between 1970 and 1978.

We spent 20 to 30-plus years in solitary confinement, based on “status,” rather than “behavior,” and were denied work, vocational training, education and rehabilitation opportunities for most if not all of this time. When we go to our parole hearings, we are issued multi-year deferrals until our next hearings, again based on “status” alone for the most part, rather than individual evidence of current, serious danger to the public if released. We hear rote recitations of gang validation, lack of programming, lengthy SHU, refusal to debrief, participation in hunger strikes and relatively minor prison rule violations, like “possessing cell phones,” which nets a more than five-year deferral by itself.

Much of the above is related to our being included in the “failed experiment.” We are now in our 50s, 60s, 70s, begging the question: How do you repair the decades of damage done to our ability, under current standards, to receive a parole date?

Arguably, these points are applicable to a majority of lifers, “warehoused” and denied opportunities to achieve parole, due to the extreme shortage of programming opportunities at most institutions. They too are at and above their “minimums.” Notably, California has approximately 30,000 lifers above their “minimums.” Most are elderly, thus costing more annually than today’s average California prisoner does, at more than $70,000 annually. It’s also a matter of proportionality, coupled with “current danger” factors. Statistics nationwide, over the course of decades, demonstrate that prisoners sentenced to life, who have served more than 10 years and are paroled above age 40 have a less than 2 percent recidivism rate.

I suggest the following changes regarding lifer parole:

i) Reintroduce and pass a streamlined version of Sen. Hancock’s Feb. 21, 2014, SB1363, seeking amendment to California Penal Code §3041, which in a nutshell proposed, “Absent substantial evidence with respect to entire record demonstrating a current, serious danger to public safety, the Board shall set a parole release date for those who have served beyond their base term” – reasonable, considering that current law states, “Parole shall normally be granted at the minimum eligibility date.”

ii) Enact legislation designed to prevent the ongoing human rights violations, exemplified by references herein: For example, expand on the rights accorded the prisoner class in California Penal Code §§2600, 2601, et. seq., to include, but not be solely limited to the right to be free of solitary confinement in SHU or ASU, defined as spending 22½ hours per day in a cell for periods longer than permissible under international treaty law; rights to contact visits three to four days a week; right to same protections against CDCR’s use and abuse of confidential source information, as accorded to defendants in criminal prosecution, e.g., California Penal Code §§1111 and 1111.5, et. seq.

Provide the funding, with immediate mandate for CDCR to construct the support facilities necessary at each facility to provide programming and rehabilitation for the majority, rather than current minority, of prisoners, so that access is provided to sufficient numbers of classrooms, vocational training and rehabilitation workshop areas.

iii) Open up the Level IV general population prisons, allowing much more out-of-cell time in yard, day room etc. Such Level IVs are presently operated like modified SHU units, with thousands warehoused in cells, spending more time in small cells than SHU or ASU units.

iv) Expand contact visits, adding one to two days of visiting to the current weekends-only allowance. This can be accomplished without additional costs, simply by closing down a few of the nearly empty ASU and stand-alone units and re-routing costs and staffing from such units to visiting day expansions.

v) Remove “close custody” classification applied per revised regulation, Feb. 20, 2017; CCR, Title 15, §3377.2 (b) (1) (A), to most members of the Ashker v. Brown class action released from decades of “failed experiment” solitary confinement torture to general populations, based on the October 2015 settlement. “Close custody” prohibits 72-hour “family visits,” as well as further restricting various programming and privilege opportunities.

If we had not been “experimented” on for 10, 20 or 30-plus years, we would have been free from “close custody” in the 1980s and 90s. All of our CSRA scores are low.

vi) End close custody privilege group classification program failure determination based on “a significant disciplinary history, which may be evidenced by two serious or two administrative and one serious rule violations in a 180-day period,” per CCR, Title 15, §3000, which has the “program failure” definition.

This places severe punishments on the prisoner, in addition to those imposed for each rule violation. It is imposed regardless of the prisoner’s positive programming in every other way: work, school, rehabilitation, yard, day room etc., and actually strips away one’s job.

“Program failure” close custody status was created in 1985-1986 to punish those prisoners “refusing a job or education assignment.” That’s all it should apply to.

As stated above, the suggestions are a few examples of changes to the system that would be viewed as a positive amends-making, a beginning. It would be very helpful for you to meet with us, the principle prisoner representatives and our outside mediation team, for additional dialogue – asap.

Thank you for your time, attention and consideration,

Respectfully yours,

Todd Ashker, Prisoner Class Representative

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Don’t let CDCR reverse our hunger strike-won legal victory: Statement of prisoner representatives on second anniversary of Ashker v. Brown settlement

From: SF Bayview:
STATEMENT OF PRISONER REPRESENTATIVES ON SECOND ANNIVERSARY OF ASHKER V. BROWN SETTLEMENT

Oct 14, 2017 marks the 2 year anniversary of the approval of the Ashker settlement. We celebrate our victory in the Ashker case, in which virtually all of the over 1600 prisoners then languishing in indeterminate SHU were released to General Population. This victory was achieved through 3 hunger strikes and the non-violent legal and political action of thousands of California prisoners, their families, supporters, and their attorneys.

However, unfortunately our general monitoring is due to run out after two years unless the Court grants an extension. We believe that CDCR is still engaged in constitutional violations that deny prisoners due process and seeks to put us back in the hole, for many, indeterminately under the guise of Administrative SHU. Our attorneys will seek an extension of the agreement due to CDCR’s systemic violations of the constitution. We don’t know what the court will do, but we do know that prisoners and their families have to re-energize our human rights movement to fight against the continuing violations of our rights. Examples are:

· CDCR’s continued misuse of Confidential Information to place prisoners back in the SHU, particularly with bogus conspiracy charges;

· The lack of out of cell time, programming and vocational programs in Level 4 prisons. The last letter of CDCR stands for rehabilitation, and there is almost no rehab programs and opportunities in the level 4 prisons. They function like modified SHUs;

· The denial of parole to lifers and Prop 57 prisoners who have clean records simply because of old, unconstitutional gang validations and CDCR’s illegally housing us in SHU for years;

· The turning of the Restrictive Custody General Population Unit which was supposed to be a GP unit where prisoners who had real safety concerns could transition to regular GP, into a purgatory where the only way out is to either debrief or die;

· CDCR promulgation of new regulations which gives the ICC discretion to put people back in the SHU, allows for many prisoners to be placed in the future in indeterminate Administrative SHU, or to be placed in the RCGP on phony safety concerns.

We must stand together, not only for ourselves, but for future generations of prisoners, so that they don’t have to go through the years of torture that we had to. We need all prisoners – young and old -to make our collective outcry public to ensure that the victory that we have won is not reversed by CDCR behind closed doors. Ultimately, we are the ones who are responsible for leading the struggle for justice and fair treatment of prisoners. That is why we entered into the historic Agreement to End Hostilities, and why it is so important that the prisoner class continue to stand by and support that agreement. We cannot allow our victories to be nullified by CDCR’s abuse of power, and may have to commit ourselves to non-violent peaceful struggle if CDCR continues on its present path.

We need everyone- prisoners, their families and the public – to send comments on CDCR’s proposed regulations to staff@aol.ca.gov, send emails and letters urging Gov Brown to sign Assembly Bill 1308, make sure that prisoner complaints about unfair treatment are publicized, and to work together to rebuild our prisoners human rights movement.

We cannot let CDCR increase its use of prolonged solitary confinement either by misusing confidential information to place prisoners in SHU on phony conspiracy charges, or through increasing the use of Administrative SHU. As the Supreme Court stated over one hundred years ago in the 1879 case of Wilkerson v. Utah , it is “safe to affirm that punishment of torture…and all others in the same line of unnecessary cruelty are forbidden by that [the Eighth] Amendment.” The admired historian Howard Zinn noted the application of that decision to the modern SHU: “All we need then, is general recognition that to imprison a person inside a cage, to deprive that person of human companionship, of mother and father and wife and children and friends, to treat that person as a subordinate creature, to subject that person to daily humiliation and reminder of his or her own powerlessness in the face of authority… is indeed torture and thus falls within the decision of the Supreme Court a hundred years ago.”

Sitawa (S/N Ronnie Dewberry), Arturo Castellano, Todd Ashker, George Franco

Via CFASC – https://familyunitynetwork.org/cfasc/

PHRM: Our Fifth Year to the Agreement To End Hostilities: Recognize Our Humanity!

We are within our 5th Year of the August 2012 historical document “AGREEMENT TO END HOSTILITIES.” followed by the PHRM’s third and the largest Hunger Strike within the State of California and equally larger then any Hunger Strike within the United States federal and state prison system, to which there were over 30,000 Prisoners here in California who participated (that is, from Solitary Confinement and the General Population. We (PHRM) have decreased California Prison Melees in half over the past five years with NO assistance by CDCr: SVSP, PBSP, New Folsom, Kern Valley, SATF, Lancaster, Centinela, High Desert, etc. Officials.

5 Reps of the PHRM: Sitawa, Todd, Arturo, Antonio, George

5 Reps of the PHRM: Sitawa, Todd, Arturo, Antonio, George

These historical acts of courage were led by the four Principal Negotiators Arturo Castellanos, C-17275, Sitawa Nantambu Jamaa (Dewberry, C-35671), Todd Ashker, C-58191, and Antonio Guillen, P-81948, along with the Sixteen known Representatives, and along with our Unsung Heroes throughout CDCr.

We Salute Our Fallen Heroes
We shout out to the Families of those who died during the Historical Hunger Strikes (2011-2013), and to the Families who lost Loved Ones during the (AEH) struggle For Equal Justice, “Christian Gomez, Alex Machado, Alonzo Hozel Blanchard, A. “Baby Paya” Morales,
Billy “Guero” Sell, Johnny Owen Vick, and Hugo “Yogi” Pinell.”

“We also want to warn those in the General Population that [CCPOA guards & their Supervisors] will continue to plant undercover Sensitive Needs Yard (SNY) debriefer ‘inmates’ amongat the solid GP prisoners with orders from IGI to be informers, snitches, rats, and obstructionists, in order to attempt to disrupt and undermine our collective groups’ mutual understanding on issues intended for our mutual causes (that is, forcing CDCr to open up all GP main lines, and return to a rehabilitative-type system of meaningful programs/privilages, including lifer conjugal visits, etc. via peaceful protest activity/non-cooperation, e.g., hunger strike, no labor, etc. etc.).
People need to be aware and vigilant to such tactics, and need to refuse to allow such IGI inmate snitches to create chaos end reignite hostilities amongst our racial groups. We can no longer play into IGI, ISU, OCS, and SSU’s old manipulative divide and conquer tactics!!!”
(quoted from AEH, #3)

CDCr Secretary Kernan, Undersecretary Diaz, (DAI) Director Allison, Director Alfaro (of High Security Prisons) and Governor Brown have all been notified or the crisis here at SVSP C-Facility.

The lack of rehabilitative programs (i.e., Vocational Carpentry, etc.) here at SVSP and throughout the system remains dysfunctional.

Those within the PHRM here at SVSP C-Yard, who were released from

Laudatory Chrono for Sitawa Nantambu Dewberry for his mentorship in the prisoners' designed program Life Cycle

Laudatory Chrono for Sitawa Nantambu Dewberry for his mentorship in the prisoners’ designed program Life Cycle at Salinas Valley State Prison. Sitawa was the first mentor to interact with the youth at the event, May 24, 2016

Solitary Confinement over the last three years, have created our own Juvenile Divergent Program called “LIFE-C.Y.C.L.E.” (“Careless Youth Corrected by Lifers’ Experiences”), and this program has successfully for the past fifteen months conducted five Seninars, bringing in At-Risk Youth from the local Monterey County to guide them, while mentoring other prisoners. During the Seminars, the Youth share their thoughts and understandings of not wanting to come to prison, and what their goals are, that they will set for themselves to prevent that from happening.

The PHRM prisoners have realized that CDCr has caused harm to them over the past 2, 10, 20, 30-40 years of Solitary Confinenent. We – as Class Members of the PHRM here at SVSP C-Facility realize the negligence and adverse impact of that devastating ordeal coming out here to a partial General Population (G.P.). And we realized once again CDCr failed to acknowledge the harm that they caused to us, therefore, we took it upon ourselves to establish our our supportive MEN’S GROUP in order to cope with the devastating harm that was caused by Solitary Confinement.

The purpose of this MEN’S GROUP is to serve as a diverse multi-cultural support group for both those prisoners in- and being released to the G.P. from Solitary Confinement sucessfully settle-in, be provided access to rehabilitative pre-Parole Board (SR 260/261) Self-Programs, etc., that CDCr/SVSP are mandated to make available for all G.P. prisoners.

The primary purpose of the MEN’S GROUP is for the Participants to mentor and aid one another. Our Group’s vision brings a sense of community, respect and responsibility that springs from the 21st century insight of collective minds who have united in solidarity and have mutually agreed to end hostilities among racial groups. This historic agreement will continue to bring ahout substantive changes to the CDCr system of non-rehabilitation.

On November 3rd, 2015, the PHRM had discussed with Warden Muniz, Chief Deputy Warden Hatton, and Associate Warden Bienkale about the need for this type of Support Group to address the cause and effects of Solitary Confinement upon our re-entry into the G.P. These administrative officials’ response was positive and was witnessed by the outside citizenry activists hosting the event, Mary Lou, Barrio Unidos (Santa Cruz), Actor Danny Glover, and Mr. Kahn, Peace Academy.

We were told to prepare and submit our proposed Self-Help Support Group to AW Bienkale via SVSP’s Community Resource Manager (CRM) Carol Hernandez, which we immediatele completed.

However, since November, 2015 to April, 2017, CDCr-SVSP has continued to not address these serious matters of concern. Although, on the occasions when we speak with Muniz (and Bielkale in Nov., 2016), they are supposedly going to initiate the MEN’S GROUP (according to AW Bienkale). But to date they have failed to approve it, which left hundreds of prisoners suffering from the effects of solitary confinement with no administrative support.

We (PHRM) have been integrated into some of the worst CDCr 180/270-designed prisons in the State, not considering these same men were held illegally in Solitary Confinement up to forty-plus (40+) years and their Humanity is now again being withheld by new Green Walls/Old Culture. Yet, prisoners held at SVSP (facility-C) face the bigotry and prejudice by the Senior Correctional Officers and supported by their Supervisors (eg., Sgts) who allow for all new C/Os to be trained and taught the Old Culture/continual Green Wall.

Scott Kernan, CDCR Secretary, Ralph Diaz, CDCr UnderSecretary, Kathleen Allison, Director of Adult Institutions: Recognize Our Humanity and correct your Staffers’ here at SVS Old Culture Mentality here at SVSP forthwith.

In Solidarity,

Prisoner Human Rights Movement – Local Council (PHRM-LC)
Picture of Sitawa's signatureSitawa Nantambu Jamaa (Dewberry C-35671)

Photo of Sitawa in July of 2016

Sitawa in July of 2016

PHRM PRINCIPAL NEGOTIATOR

29 March, 2017 © SNJ

Sitawa.org

PrisonerHumanRightsMovement.org

typed by AP on April 16, 2017

Report back from Prisoner Representatives’ first monitoring meeting with CDCR

From Center for Constitutional Rights
May 23, 2016

By Todd Ashker

At the beginning of this first meeting, it became clear that there was a misunderstanding about its function.  CDCR thought the meeting was for us to listen to them.  Why would we put a term into our Settlement that would have us listen to them?  We listen to them every second of our lives.  We see the purpose of these calls as an opportunity for us to be heard and to have a discussion with people in authority.

Despite this initial confusion, we were able to lead the meeting. CDCR got unfiltered information from prisoners who know what is going on in their prison cells and yards.  We are a leadership group the CDCR knows.  They know we have integrity.  The information we shared at the meeting came not only from the experiences of us four main reps, but also from the other veterans of the SHU, members of our class who have written and met with our attorneys.

We raised in strong terms that some of us who have made it to General Population yards are essentially in modified SHUs (Security Housing Units), in some respects worse than Pelican Bay SHU, although in some respects better.   Conditions, policies and practices that we are experiencing in some of the General Population yards are not what we expected when we settled our case.  After spending decades in solitary we cannot accept many of these conditions.  Too many prisoners are simply warehoused, and there are not enough jobs or programs to give us skills, engage our minds and prepare us to return to our communities.  Guards need training in ‘professional’ behavior.   Bullying and humiliation should never be tolerated.

CDCR may have been surprised at the tenor, strength and substance of our approach.   We expect at the next meeting, we will all understand the agenda and purpose well ahead of time.   We also think a longer meeting will allow for a full discussion and useful interaction.  We hope CDCR officials come to welcome these historic meetings as useful because they will be if prisoners’ perspectives are heard, used and received by them.

Prisoner Human Rights Movement BLUE PRINT

(FULL BLUE PRINT pdf- all docs-284pgs)
Overview
Table of Contents
Blue Print core document
Appendix

BLUE PRINT 

The declaration on protection of all persons from being subjected to torture and other cruel, inhuman or degrading treatment or punishment was adopted by the United Nations General Assembly in its resolution 3452 (XXX) of December 9, 1975. The Declaration contains 12 Articles, the first of which defines the term “torture” as:

“Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining his or a third person’s information or confession, punishing him for an act he has committed or is suspected of having committed, or intimidating him or other persons.”

FREEDOM OUTREACH PRODUCTION
December 1, 2015

 

PRISONER HUMAN RIGHTS MOVEMENT
#1
Blue Print Overview

California Department of Corrections and rehabilitation (“CDCr”) has systemic and dysfunctional problems that run rampant state-wide (within both Cal.’s Women and Men prisons), which demand this California government to take immediate action and institute measures to effect genuine tangible changes throughout CDCr on all levels.

The entire state government was notified and made aware of this “Dysfunctional” CDCr prison system in 2004 when its own governmental CIRP blue ribbon commission (authorized by then Governor Arnold Schwarzenegger) reported this finding and fact. (See http://www.immagic.com/eLibrary/ARCHIVES/GENERAL/CAGOV_US/C040600D.pdf; also see Prison Legal News article, “CA Corrections System Officially Declared Dysfuntional.”)

However, this CDCr state of “dysfunction” was not new to the massive number of women, men and youth being kept warehoused in CDCr, because they face it daily. (See Cal. Prison Focus News, 1990s-Present, Prisoner Reports/Investigation and Findings; San Francisco Bay View News Articles; ROCK & PHSS Newsletters, etc.)

During the historic California Prisoners’ Hunger Strikes (2011-2013), tens of thousands of men and women prisoners in CDCr’s solitary confinement torture prisons, as well as a third of the general population prisoners, united in solidarity in a peaceful protest to expose this dysfunctional system officially reported in 2004 by the CIRP.

The Prisoner Human Right’s Movement (PHRM) Blue Print is essentially designed to deal with identifying and resolving primary contradictions by focusing on the various problems of CDCr’s dysfunction, including (but not limited to) the following areas… [read full OVERVIEW Here]

 

TABLE OF CONTENTS for Blue Print

OVERVIEW by Sitawa Nantambu Jamaa

Prisoner Human Rights Movement BLUE PRINT

Prisoner Human Rights Movement (“PHRM”)

PHRM Principle Negotiators, Reps, Plaintiffs, Local Councils

I. Monitoring Reports on 33 State Prisons

II. Monitoring Implementation of the Ashker v. Brown Settlement Agreement

III. Instituting the Agreement to End Hostilities

IV. Legal PHRM Political Education

V. Freedom Outreach

Conclusion

APPENDIX

All Appendices can be found at www.prisonerhumanrightsmovement.org

#1 (A) Five Core Demands; &
(B)
Agreement to End Hostilities

#2 Second Amended Complaint, Ashker v. Brown

#3 Supplemental Complaint, Ashker v. Brown

#4 Settlement Agreement, Ashker v. Brown

#5 PHRM’s Principle Negotiators’ Statements on 2nd Anniversary of the Agreement to End Hostilities

#6 (A) Example Monitoring Report w/ Exhibit; &
(B)
Example Monitoring Record

#7 (A) CA Assembly Public Safety Committee Legislative Hearing on CDCr SHU policy, 8/23/2011
(B)
CA Joint Legislative Hearing on CA Solitary Confinement, 10/9/2013

#8 – Mediation team publications

(A) Mediation Team Memorandum on Meetings with CDCr Officials, (3/26/12)
(B) Mediation Team Memorandum on Meetings with CDCr Officials, (3/15/13)
(C) Mediation Team Memorandum on meetings with CDCr Officials, (2/20/15)

#9 – PHRM LEGAL PRISON ACTIVISM EDUCATION Packets*:

(A) LEARN TO PROTECT YOUR RIGHTS
(B)
MEMORANDUM ON UNCONSTITUTIONALITY OF CDCR’s STG/SDP (Feb. 2015)

* To receive Educational Materials (Appendix #9), please write and send, for the cost of the mailing, either eleven dollars and fifty cents ($11.50) or the equivalent in postage stamps to:

Freedom Outreach/PHRM
Fruitvale Station
PO Box 7359
Oakland, CA 94601-3023

 

PRISONER HUMAN RIGHTS MOVEMENT

We are beacons of collective building, while clearly understanding that We, the beacons, must take a protracted internal and external retrospective analysis of our present-day prisons’ concrete conditions to forge our Prisoner Human Rights Movement (PHRM) onward into the next stage of development, thereby exposing California Department of Corruption and Repression (CDCr)/United States Prison System of Cultural Discrimination against our Prisoner Class. This is why our lives must be embedded in our determined human rights laws, based on our constructive development of the continuous liberation struggle via our scientific methods and laws. Therefore, through our Prisoner Class, the concrete conditions in each prison/U.S. prisons shall be constructed through our Prisoner Human Rights Movement.

Continue reading

Arturo Castellanos’ Two Reports

This was originally published in California Prison Focus of Spring 2014., p. 8 and 12.

#1 March 3, 2014 [note 1]
I’m one of the four main SHU reps here at PBSP. I’m writing this brief one on the positive outcomes during our meetings with Sacramento and PBSP offi cials since the end of our last hunger strike. They have been pretty straight forward with us on many issues concerning the possession of personal property and visiting—we have the three hour visits we demanded and Sac officials have completed— and Sac officials have issued the Authorized Personal Property Schedules [APPS] Matrix that allow all SHU male and female prisoners the opportunity to order and possess a lot more personal property items that we demanded and have not been allowed since before 1989.

However, at our last meeting with Sac officials, we did raise some issues with the new APPS. We were assured that they are going to tweak it where, for example, they were going to remove the wording “clear-case” ear buds and “clear-case” AC adaptors and adding the necessary electronic accessories to it even though they are automatically implied on the Matrix. And to change the allowable 15.5” flat screen TV to under 16”— Walkenhorsts vendor provides a good quality 15.6 inch RCA flat screen TV—which is good for the aging prison population.

These and other additional changes to the Apps are very important to us because, even if the prison wardens approve certain items, the approved vendors will not send them unless they are approved on the Matrix or Sac officials send them a memorandum on it. Sac also stated they will review the Apps once a year to stay current.

On Feb 20, 2014, we reps also attended the second quarterly meeting with this administration, since the last H.S. regarding issues pertaining to this prison. The memos of that meeting should be issued soon. They did address all the issues and concerns we raised, and those that other SHU and Ad Seg prisoners sent them. [Note: if PBSP-SHU/Ad Seg prisoners wish to have their local issues addressed at the next May/June meeting, send them to the SHU Associate Warden’s office or to this publication in early May 2014.]

The following are just some of the many issues raised at this meeting: they are working on obtaining better quality mattresses; they did issue us three white towels and a half blue towel to keep our cell clean; the prison’s bakery had been reopened and is producing better baked goods; the loaner recreational book program will soon be operational again; the state is issuing incoming Ad/Seg prisoners a crank-windup-radio for the first 21 days to use. And if a prisoner stays longer, they can hold on to it as long as another new arrival doesn’t need one. We argued that enough of them should be purchased for all Ad/Seg prisoners for their entire stay in Ad/Seg or allow them to purchase and possess their own crank radio until they finish installing the electrical outlets, cables and shelves. Still, this is a great improvement in Ad/Seg from last Sept. 2013 and 2011 when we were there.

This administration has also agreed to implement a procedure to remove all speakers from all new incoming radios, and, as long as the AC-adapter works on the radio we order, those non-clear AC-adapters will be allowed here. Of course, as stated, the vendors will not send them unless Sac directs them to. Also, canteen items list for all SHUs has been expanded and will continue to expand in the future, and we are pushing/requesting they expand the canteen electronic accessories [e.g., typewriter ribbons, etc., T-antenna and matching transformers to hook up the T-antenna; flat digital antenna and antenna adapters; Y adapters; ear bud extension cords; L-cable hookups, etc.; and some Sony/Panasonic ear buds.]

As one can see above, I chose to focus on the cooperation we have received from Sac officials and PBSP’s new administration on just the “tangible” items that do effect every SHU prisoner. So the efforts of all prisoners have not been in vain. This is also so other prisoners can address similar issues with their prison’s administrators, for example, extended visits.

However, I will take some parting shots at the STG-SDP. Besides the statement we reps put out for the latest joint Senate/Assembly hearings, we strong object to CDCR deleting the word “direct” from the “Direct-Nexus” to gang activity because it now makes it a lot easier for IGI, ISU, and other alphabet bricks that make up the green wall to obtain make-believe statements from their debriefer-informantslaves to continue to bounce any CDCR prisoners between steps 1 through 4 and back. Thus, another main reason we reps pushed so hard for the additional tangible SHU property items.

Also, the SDP should only be behavior based, not on how many Journal-Loops one can jump through. All prisoners and outside supporters pushed to get rid of the requirement of signing contracts; now we need to push to get rid of these silly Journals. And, until we see how this plays out, our hopes remain on the present civil suit on solitary confinement and the new bills that are being pushed to put a cap on the amount of time we spend in solitary confinement.

That will also do away with the need for any revolving door program like SDP.
I personally feel that, right now, on the SDP itself, until it’s changed or eliminated altogether by law or court, it should be up to each individual if they wish to go through the DRB [Departmental Review Board] hearings. I myself will go in April, even though I expect to be placed on step 1, behind all the countless 1030s [informants] in my file. Most here on the short corridor are being placed in 1 or 2. And those that have serious chronic illnesses are being sent to New Folsom, no matter the step they’re placed in. I have no illness so I’ll remain here. And, so far, some are also being placed on steps 3 or 4.

Finally, I wish to correct some misconception on the origins of the STG-SDP. It did not originate from our hunger
strikes. CDCR has had it on the back burner as a result of the Castillo case. The hunger strikes only forced CDCR to put it on the table a lot sooner than they planned. So, no one should try to lay that program’s origins at the hunger strikers’ feet, period!

#2 March 23, 2014
I write this to update you on the two issues I addressed in my last letter of March 3, 2014. First, on the positive cooperation we received from this new administration and second, on the DRB hearings. Regarding the first issue, it has now been over 30 days since we had attended the meeting of February 20th with the administration but yet, to date, they have not issued copies of any of the promised memos to all the SHU buildings, or of what transpired at that meeting.

Also, I mentioned in my last letter that the prison’s bakery was up and running and that they were sending us better baked goods. Well, by the evidence so far, it gives the appearance that leading up to that meeting of Feb. 20th, we were seeing good size pieces of cake—with frosting, biscuits, dinner and breakfast rolls, and cornbread on the trays. But, soon after I sent that letter out, the baked goods got smaller, cakes no longer had frosting, or stopped being served to us at all, and the so-called fruit-crisp is now just gook without the crisp. It’s almost as though the baker was fired soon after that meeting and replaced with someone that doesn’t know what the hell they are doing. I just hope the promised food surveys were issued to the two volunteer reps so this administration can get feedback from them on this and the rest of the continual served slop. I feel for those of you who do not have the funds to purchase canteen items to supplement this food. I can go on with this issue
but I’m sure this administration has gotten the point that we will point out the positive—like my last letter—as well as the negative in this letter.

On the second issue, the DRB hearings for the short-corridor and others from both C and D facilities, in my last letter I was told the next ones will be held in April. Now they’re saying May of 2014, and will be held every other month. To date they have seen the fi rst 25. In May, they are supposed to see those numbered from 26 through 50, maybe more, because they recently added another 50 to the list numbered from 51 through 100. If any of you believe you are on this list you can contact CCIT Ms. Perez or Ms. Vargas.

Now, the following is very important: Some names and addresses of attorneys will be placed at the end of this letter [note 1A] that should be contacted by those at PBSP-SHU when they are first placed on these lists—your number on it—when the CCIT issues you the 1030s [confidential information] that the DRB members will be using at the hearing. If possible, give the CCIT, at that time, a signed trust to make a second copy of them to send to the attorneys. Take notes as to what transpires at your DRB hearing [i.e., what step, etc.] and your issues/complaints why you object to any part of that process. And, if possible, file any writ on those issues—
according to Title 15, section 3376.1. Issues raised at those hearings are fully exhausted at the Directors level. One does not go through the CDCR 602 appeal process on this.

All of this vital info is important so the attorneys in our—all SHU prisoners—pending civil suit on solitary confinement. The attorneys can use it to effectively counter any motions for dismissal or summary judgment the U.S. attorney general files later. This info is greatly appreciated and the attorneys assured us that they will keep any materials confi dential.

Also, be sure that when you are placed on a step, you stay in touch with the attorneys so they can monitor your progress [i.e., bounced from step to step and back, etc.] It is also important for the rest of the SHU prison populations across CDCR that you send a general letter to these publications of what transpired at those hearings so they can be informed as to what to expect when they go before the DRB.

Finally, some that were placed in steps 3 and 4 were advised that Tehachapi level IV was closing the G.P. and were going to be used for those two steps. If this is true—and it’s a big if—CDCR shouldn’t have a problem in giving those on step 3 and 4 contact visits. The resources and visiting cronos are already in place. [note 2]

Arturo Castellanos #C-17275
[address from 2014]
PBSP-SHU, D1-121
P.O. Box 7500
Crescent City, CA 95532

[Note 1.]  While this portion of the document was written in early March, it was not received by your [CPF] editor until early April.

[Note 1A] There were no names or addresses of attorneys at the end of this letter, only a note asking outside people to provide said contact information. Those who forwarded the letter to me, up here in Seattle, neglected to provide the contact information for the attorneys.

[Note 2.] There were thirteen pages consisting of copies of memos, etc. that were attached to Mr. Castellanos’ letter but are not included here due to space considerations.