Support Urgent COVID-19 Demand to RELEASE OUR ELDERS from California Prisons

photo collage of Baridi J. Williamson and Sitawa Nantambu Jamaa

Baridi J. Williamson and Sitawa Nantambu Jamaa in a photo collage

Liberate our elders! Please join California Prison Focus (CPF) in demanding that Governor Gavin Newsom protect our incarcerated elders and peacemakers from COVID-19 by releasing them immediately. Read CPF’s letter below for more details.

Here’s the demand: Release all CA state prisoners who are medically fragile or over 60, starting with the authors of the Agreement to End Hostilities and followed by the remaining members of the Ashker Class Action Settlement.

Please call the Governor RIGHT AWAY and repeat this demand to whomever you reach. 1.800. 807.6755 , 916.445.0873
Copy CPF’s letter below and and send it to the Governor with your support! Message his office here: https://govapps.gov.ca.gov/gov40mail/ and email: stateinformation@state.ca.gov

Please forward this post or this SF Bay View article until the demand is met!

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ATTENTION: GOVERNOR GAVIN NEWSOM AND RALPH DIAZ, SECRETARY OF CALIFORNIA DEPARTMENT OF CORRECTIONS (CDCR)

DEMAND FOR IMMEDIATE STRATEGIC RELEASE
and Support Letter for the Principal Thinkers of the 2011 and 2013 California Prisoner Hunger Strikes and all members of the Ashker Class Action Settlement

California Prison Focus is calling on Gov. Gavin Newsom and Corrections Secretary Ralph Diaz to act immediately under the current humanitarian health crisis to release imprisoned human rights activists and members of the Prisoner Human Rights Movement (PHRM) and Principal Thinkers who authored and signed the historic 2012 Agreement to End Hostilities (AEH), including Sitawa Nantambu Jamaa, Arturo Castellanos, Antonio Guillen and Todd Ashker. (See the full list of signers below.)

California Prison Focus stands by these human rights activists who were subjected for decades to the cruel and unusual punishment of long-term solitary confinement, who are not a threat to public safety and, to the contrary, are much needed in their communities.

These men are particularly vulnerable to the COVID-19 virus, and thus immediate action under the Emergency Services California Act, Government Code section 8550, must be taken. In 2006, Gov. Arnold Schwarzenegger used these powers to immediately reduce prison overcrowding in California (CCPOA v. Schwarzenegger (2008) 163 Cal. App. 4Th 802).

We demand this same power be asserted today. These men have been historically stigmatized and devalued by CDCr; therefore, priority attention at the highest level of government is critical.

As we know, COVID-19 poses the greatest risk of death to people such as the elder peacemakers named above and others 60 and older, and all people who are medically fragile.[i] Many of these men with and for whom we advocate, have compromised immune systems, chronic illnesses and complex medical needs.

Their serious medical conditions, including Post-SHU Syndrome,[ii] PTSD, asthma, cancer, heart disease, lung disease and diabetes, make them particularly vulnerable to the COVID-19 virus, according to the Centers for Disease Control. These conditions were caused or exacerbated by decades of deplorable conditions, abuse, and medical neglect while confined within CDCr solitary chambers, the Security Housing Units (SHUs).

Throughout 2016, CDCr was forced to release approximately 2,000 prisoners from indefinite solitary confinement in the SHUs. This victory came as a result of the heroic efforts of the organizers from the Pelican Bay SHU and the 30,000 participants of the 2011 and 2013 California Prisoner Hunger Strikes.

These hunger strikes propelled the Ashker v. Brown litigation that eliminated indefinite solitary confinement. Ultimately CDCr, which for years had presented these men as “the worst of the worst,” was forced to admit that the strike organizers and over 2,000 others who had been held in solitary confinement for 11 years or more could be released from SHU without risk to public or institutional safety.

Because of the sacrifices those individuals made, countless others have been saved from going through decades-long solitary confinement torture as they did.

“Release the elders.
We have to be mindful when talking about this corona virus in prison and how it affects us, that the prison population already has an issue with health and the lack of proper health care and treatment. The unsanitary living conditions in prison were already at an epic proportion and have been continuously deteriorating. With that being said, now we have this corona virus situation. And the elderly are at the highest risk.

“We need to look at the prisoners who they were supposed to start releasing in the first place after the Coleman Lawsuit and release them right now so they can be home with their families in a safe, non-genocidal environment, and where they won’t be affected or put other people at risk when they come up in here.

“We demand and we should demand that the elders be released on these terms. The 60 and over bill should be passed.”

— K.A.G.E. Universal Artivist, Ragee, from No Joke Theater at Lancaster State Prison

Since their release from SHU, these men have been promoting the Agreement to End Hostilities and alternatives to violence on the yards and throughout the prisons. They have been engaged in positive programming and mentoring the youth around them. Many are active in community-building and social justice work outside of the prison walls.

CDCr not only fails to recognize the huge contribution of these human rights activists, but has systematically retaliated against them and continues to undermine the Agreement to End Hostilities. CDCr’s use of confidential information that is often coerced and unreliable is one of several tactics being used to do so (see Prison Focus Issue 53, page 19 and PF Issue 56, page 9). Testimonies from incentivized informants result in manufactured rule violations used to impose loss of privileges and parole denials of one, three, seven or 15 years.

These are state-sanctioned policies being used to obstruct parole for those individuals that CDCr wishes to silence and/or retaliate against, and to undermine the Agreement to End Hostilities under the color of law. This is also how CDCr undermines decisions made by California voters and legislators with Propositions 57, 47 and 64; Senate Bills 260, 261, 394 and 1437; Assembly Bills 1308 and 1448; and other legislation passed to reduce California’s imprisoned population.

James Baridi WilliamsonRuchell MageeJames Baridi Williamson, Ruchelle Magee, Romaine Chip Fitzgerald, Louis Powell
Among the elder peacemakers who need and deserve immediate release are James Baridi Williamson, Sitawa Nantambu Jamaa, Ruchell Cinque Magee, Romaine Chip Fitzgerald, and Louis Powell.

One of the Principal Thinkers who is 61 years old, survived 32 years in solitary confinement and has been incarcerated since 1981 – who is known as a peacemaker on the yard and often referred to as the Nelson Mandela of the Prisoner Human Rights Movement – recently suffered a stroke and still has not been released. Keeping him in prison is a flagrant violation of AB 1448, which was voted into law to provide an opportunity for release to those who are 60 or older and who have served a minimum of 25 years of continuous incarceration, such as this individual and six of the other elders who signed the Agreement to End Hostilities and are still in prison. Statistically, the chance of these men reoffending is negligible. This is not an issue of public safety, but rather of power and politics.

Keeping him in prison is a flagrant violation of AB 1448, which was voted into law to provide an opportunity for release to those who are 60 or older and who have served a minimum of 25 years of continuous incarceration, such as this individual and six of the other elders who signed the Agreement to End Hostilities and are still in prison.

Deliberate indifference by CDCr—another act of retaliation—including medical neglect, often has resulted in repeated misdiagnosis (such as asthma rather than a hole in the heart) causing significant injury to individuals, both physically and mentally, from which many continue to suffer. Today, those same lasting ailments are reportedly being untreated due to delays within the prison medical Duckett system, caused by the virus.

In addition, many of those who participated in the 60-day hunger strikes of 2013 now have lasting medical conditions such as compromised kidney function. One organizer and signer of the AEH, Raymond ‘Chavo’ Perez, has already died – in prison – after surviving 18 years in solitary confinement, leaving behind his wife and family, who were never able to welcome him home.

Of the 15 surviving signers of the Agreement, the median age is 59, and the average time served is 33 years. Each one of these men spent no less than eleven years in solitary confinement. Not only has the torture not been acknowledged nor restitutions made, not one of these men has been granted parole, despite the fact that their parole eligibility dates are as follows: 1982, 1984, 1995, 1996, 1997, 1998, 1999, 2000, 2004, 2005 and 2016. These men have few if any valid behavioral violations against them.

Thus, the people who are at the greatest risk for death from COVID-19, who have contributed to a dramatic reduction of violence within California prisons, who pose the least public safety risk to our communities, and have the most to offer MUST BE RELEASED.

The California Hunger Strikers and members of the Ashker class settlement have suffered enough while in the custody of CDCr. These individuals had their constitutional rights violated for many years under the Eighth Amendment ban against cruel and unusual punishment. Their illegally enhanced sentences must not be allowed to become death sentences.

To this end, we present the following demand for actions to be taken immediately:

Primary demands

  • RELEASE all adults in CDCR custody who are medically fragile or over the age of 60, starting with the authors of the Agreement to End Hostilities and followed by the remaining members of the Ashker Class Action Settlement and participants of the 2011 and 2013 Hunger Strikes. Apply AB 1448, California’s Elderly Parole Program for release of prisoners aged 60 and older who have been in prison for at least 25 consecutive years, as intended.

  • PROTECT THE RIGHT for the signers of the Agreement to End Hostilities, the members of the Ashker Class Action, and all 2011 and 2013 hunger strikers to be safe from retaliation as a result of these demands, including further torture, isolation or, as laid out in the Prisoner Human Rights Movement Blueprint, from being coerced, threatened and blackmailed to betray fellow prisoners with false accusations.

Supplemental demands:

  • Release to the public updates on the existing plan and procedures in place to address COVID-19 and how adequate care will be provided for all who fall under the Coleman and Ashker Class Action Settlements.

  • Expedite parole hearings and release all people who have anticipated release dates in 2020 and 2021 to parole supervision.

  • Provide free tablets within all CDCR institutions and facilitate email communication through Corrlinks services to support prisoners in the establishment and maintenance of family ties and bonds. This is needed to mitigate the closing of all visitations at CDCR institutions which adversely impacts family communication and bonds.

  • Support Nancy Skinner’s Senate Bill 1064, prohibiting an employee of, or private entity under contract with, the department from finding any state prisoner guilty of a rules violation if that finding or decision is based on, or relies on, in whole or in part, any uncorroborated information from an in-custody confidential informant.

  • Create transparency regarding the application of AB 1448, Prop 57 and other California resentencing laws so that they may be applied as intended.

  • DROP LWOP

  • Reduce jail admissions by reclassifying misdemeanor offenses that do not threaten public safety into non-jailable offenses and diverting as many people as possible to community- based mental health and substance abuse treatment.

  • Eliminate parole and probation revocations for technical violations for behaviors that would not warrant incarceration for people who are not on parole or probation.

  • Shut down immigration detention centers.

  • End police brutality, inside prisons and out.

Founding members of the Prisoner Human Rights Movement

Four-main-reps-Todd-Ashker-Arturo-Castellanos-George-Franco-Sitawa-Nantambu-Jamaa

These are the peacemakers, cherished leaders known as the “four main reps”: Todd Ashker, Arturo Castellanos, George Franco, and Sitawa Nantambu Jamaa.

“We decided standing up together, asserting our humanity even at the cost of our own lives, was better than rotting and dying alone in our concrete tombs. Nonviolent united action was the only path that made sense … Our programs for the youth aim to break the cycle of violence. The programs we created show we are ‘the best of the best’ not ‘the worst of the worst.’”

– Solidarity statement from the four prisoner representatives, aka Principal Thinkers[iii]

“It’s only because of the Agreement to End Hostilities that I am now home, after 18 years. It’s because the agreement created a positive self-help environment where each group can now safely engage in the cultural exchange of materials, tools and ideas, in unity. It is because of these Principal Thinkers that there are no more mass race wars within California prisons, despite the false propaganda orchestrated by CDC small r, that these men are violent, dangerous, ongoing threats to public safety. We must liberate the elderly.”

– Min. King X of California Prison Focus and KAGE Universal, mentee of and outside delegate for the organizers of the 2011 and 2013 California Prison Hunger Strikes

“The Prisoner Human Rights Movement and friends are demanding that prisoners who have been held over 25 years and beyond be released in the interest of justice, especially the elderly and all ill prisoners who are clearly vulnerable and at risk of not only dying from the coronavirus or suffering from a civil death – where men and women are left to suffer indefinitely – which falls under the Eighth Amendment of the U.S. Constitution, prohibiting cruel and unusual punishment.” – PHRM activist

AGREEMENT TO END HOSTILITIES
August 12, 2012

To whom it may concern and all California Prisoners:

Greetings from the entire PBSP-SHU Short Corridor Hunger Strike Representatives. We are hereby presenting this mutual agreement on behalf of all racial groups here in the PBSP-SHU Corridor. Wherein, we have arrived at a mutual agreement concerning the following points:

1. If we really want to bring about substantive meaningful changes to the CDCR system in a manner beneficial to all solid individuals, who have never been broken by CDCR’s torture tactics intended to coerce one to become a state informant via debriefing, that now is the time to for us to collectively seize this moment in time, and put an end to more than 20-30 years of hostilities between our racial groups.

2. Therefore, beginning on October 10, 2012, all hostilities between our racial groups… in SHU, Ad-Seg, General Population, and County Jails, will officially cease. This means that from this date on, all racial group hostilities need to be at an end… and if personal issues arise between individuals, people need to do all they can to exhaust all diplomatic means to settle such disputes; do not allow personal, individual issues to escalate into racial group issues!!

3. We also want to warn those in the General Population that IGI will continue to plant undercover Sensitive Needs Yard (SNY) debriefer “inmates” amongst 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 [i.e., forcing CDCR to open up all GP main lines, and return to a rehabilitative-type system of meaningful programs/privileges, including lifer conjugal visits, etc. via peaceful protest activity/noncooperation e.g., hunger strike, no labor, etc. etc.]. People need to be aware and vigilant to such tactics, and refuse to allow such IGI inmate snitches to create chaos and reignite hostilities amongst our racial groups. We can no longer play into IGI, ISU, OCS, and SSU’s old manipulative divide and conquer tactics!!!

In conclusion, we must all hold strong to our mutual agreement from this point on and focus our time, attention, and energy on mutual causes beneficial to all of us [i.e., prisoners], and our best interests. We can no longer allow CDCR to use us against each other for their benefit!! Because the reality is that collectively, we are an empowered, mighty force, that can positively change this entire corrupt system into a system that actually benefits prisoners, and thereby, the public as a whole… and we simply cannot allow CDCR/CCPOA – Prison Guard’s Union, IGI, ISU, OCS, and SSU, to continue to get away with their constant form of progressive oppression and warehousing of tens of thousands of prisoners, including the 14,000 (+) plus prisoners held in solitary confinement torture chambers [i.e. SHU/Ad-Seg Units], for decades!!!
We send our love and respects to all those of like mind and heart… onward in struggle and solidarity…

Presented by the PBSP-SHU Short Corridor Collective:

Todd Ashker, C58191, D4-121*
Arturo Castellanos, C17275, D1-121
Sitawa Nantambu Jamaa (Dewberry), C35671, D1-117
Antonio Guillen, P81948, D2-106

And the Representatives Body:

Danny Troxell, B76578, D1-120
George Franco, D46556, D4-217
Ronnie Yandell, V27927, D4-215
Paul Redd, B72683, D2-117
James Baridi Williamson, D-34288, D4-107
Alfred Sandoval, D61000, D4-214
Louis Powell, B59864, D2 – 117
Alex Yrigollen, H32421, D2-204
Gabriel Huerta, C80766, D3-222
Frank Clement, D07919, D3-116
Raymond Chavo Perez, K12922, D1-219
James Mario Perez, B48186, D3-124

*Please note: The list of signatories to the Agreement to End Hostilities has been copied verbatim from the original list. The cell numbers (e.g., D3-124) next to the Agreement drafters/signers’ names and CDCr #’s were part of their addresses in Pelican Bay State Prison SHU in August 2012 (not now).

'Signers of the Agreement to End Hostilities' info chart

[i] See The New Yorker article: A Rikers Island Doctor Speaks Out to Save Her Elderly Patients from the Coronavirus

[ii] Stanford HRTMH Lab Consultative Report on Mental Health Consequences Post-SHU. Mental Health Consequences Following Release from Long-Term Solitary Confinement in California

[iii] https://sfbayview.com/2020/02/the-four-california-prisoner-class-representatives-call-for-solidarity-and-change/


California Prison Focus works to expose and end human rights abuses against incarcerated people in California by acting in solidarity with and elevating the voices of those most impacted.

The four California prisoner class representatives call for solidarity and change

Source: SF Bayview, Feb 11, 2020

The "Four Main Reps" Todd Ashker, Arturo Castellanos, George Franco and Sitawa Nantambu Jamaa

These men, known as the “four main reps,” Todd Ashker, Arturo Castellanos, George Franco and Sitawa Nantambu Jamaa, conceived, planned and led the historic 2011-2013 California mass hunger strikes that drew 30,000 participants at their peak, according to CDCr’s own records.

Introduction by Laura Magnani, American Friends Service Committee

What follows below is an update from the leadership of the 2011 and 2013 California Prison Hunger Strikes against indefinite solitary confinement and other mistreatment across the California Department of Corrections and Rehabilitation (CDCr), the world’s largest prison system. These “reps” had been in solitary for decades and sought to draw attention to their plight through a series of non-violent hunger strikes, two in 2011, the first drawing 6,600 participants statewide, the second 12,000, and a third in 2013 that drew 30,000 participants, the largest prison hunger strike in history.

In 2012 the Center for Constitutional Rights, along with several other prominent California prison rights attorneys and organizations, formed a team, partnered with a representative group of 10 Pelican Bay SHU prisoner plaintiffs and filed a lawsuit on May 31, 2012. The lawsuit, Ashker v. Brown, charged that California’s practice of indefinitely isolating prisoners in solitary confinement violated U.S. Constitution protections against “cruel and unusual punishment” and guaranteeing “due process.” In the same year, the four reps and several other SHU prisoner reps issued the Agreement to End Hostilities.

A third hunger strike began July 8, 2013, and ended 60 days later making solitary confinement a major issue across the United States. All major U.S. newspapers’ editorial pages had at least one condemnation of the practice in the weeks that followed. The third strike ended when the California State Senate and State Assembly committees overseeing prisons held unprecedented joint hearings that outlined promises of major change.

On Sept. 1, 2015, a landmark settlement was achieved in Ashker v. Brown ending indeterminate solitary confinement in California prisons and allowing the legal team to monitor the California prison system to ensure compliance. This month, February 2020, the four reps have issued this update on their situation.

by the ‘four main reps’: Todd Ashker, Arturo Castellanos, George Franco and Sitawa Nantambu Jamaa (names listed in alphabetical order)

A shout out of solidarity and respect to all class members and prisoners across the state. As the four reps, we felt a public report on the current state of California prisons from prisoners was overdue.

As leadership of the 2011 and 2013 California Prison Hunger Strikes that captured the attention of the nation and the world on the role of solitary confinement in United States prison systems, particularly California, we four prisoner reps became recognized as speaking both for the Ashker class, former Pelican Bay SHU prisoners, but also more broadly in many respects for the entire California prisoner class.

California’s prison system, the largest in the world at that time, was the also the greatest abuser of long term solitary confinement. We were housed in the Short Corridor of the notorious Pelican Bay Super Max SHU (Security Housing Unit) and, as all Short Corridor prisoners understood, the only way out of that isolating tortuous hell was to “parole, snitch or die.”

We decided standing up together, asserting our humanity even at the cost of our own lives, was better than rotting and dying alone in our concrete tombs. Nonviolent united action was the only path that made sense; our only avenue to act was a hunger strike. It took widespread unity, preparation and work among us prisoners, but also work on the outside by our families, friends and a growing list of supporters across the state and the country.

Without prisoners speaking about our conditions of confinement, the public narrative about imprisonment and mass incarceration is missing a critical voice – our voice, the incarcerated. We are the first-hand experts on the daily experience of being caged in prison generally and the trauma of extreme isolation.

All other experts collect data, do studies, view our experience without living it. Many, not all, are our oppressors. Their expertise is not about what incarceration is like, but why we and so many millions of people in the U.S. should be imprisoned. No voice has more expertise about the experience and impact of incarceration than the voice of prisoners.

No voice has more expertise about the experience and impact of incarceration than the voice of prisoners.

Here we make five points:

First. Prison in the United States is based on punishment, not rehabilitation. The United States has the largest prison population in the world and the highest percentage of a state’s population housed in cages. We are held in punishing ways that cause fear, emptiness, rage, depression and violence. Many of us are more damaged when we leave prison than when we entered.

According to the National Reentry Resource Center, a high percentage of state and federal prisoners will be released back into society. National statistics indicate that there is a high rate of released prisoners returning to prison. All of those who leave are older, some smarter, but all of us are less able to be productive in the society at large or good for our communities or our families. It is very hard for former prisoners to get jobs.

Prison presents an opportunity for society to rehabilitate or help people. Many of us could use support services. That opportunity is lost and buried by a vindictive ideology of punishment.

Rather than us being hypervigilant, concentrating on violence, dangers, our fears and rage, prison could be a place to engage our minds in useful jobs and job training, with classrooms for general learning, training in self-awareness and understanding, anti-addiction approaches. Instead, we are mostly just warehoused, sometimes in dangerous yards with angry, frightened, vicious guards.

California’s Gov. Newsom has the opportunity to help institute a massive prison reform movement.

Second. California likes to think of itself as a progressive national leader, yet in sentencing California is among the harshest in the nation. In California, a life term is given for second degree murder. Second degree murder is a non-premeditated killing. Only 17 states are that punishing. Two thirds of the states and the U.S. federal system give a flat 15 years.

The U.S. Supreme Court has said that evolving standards of society’s decency should create a national  consensus on sentencing standards. Our prison journeys begin in those courts. We four reps of the California prison class call for reform in sentencing. Massive money could be spent for education, training and jobs here and in our communities rather than on caging human beings to harm rather than help us or society.

Third. The trauma we experience in these overcrowded institutions with a culture of aggressive oppression, as if we are violent animals, is harmful and breeds violence. We prisoners should not join in our own oppression. It is not in the interest of the prison class to buy into promised rewards for lying on other prisoners.

The use of lying confidential informants is widespread and legendary in California prisons and jails. We see even among ourselves, who have great active lawyers ready to pay attention to our situations, just how regularly vicious retaliation, evil lying  and disregard of our medical needs occurs. Broadly among the California prisoner class, there is mistreatment, horrid isolation, medical disregard, terrible food, cells that are too cold, too hot or too damp.

The history of positive social change demonstrates that when those who are oppressed stand together – as a group, a class – against that oppression, change can happen. Our own experience with eliminating endless solitary confinement in California proves that.

We need to stand with each other, behaving respectfully, demanding respect and not turning on our fellow prisoners for promises of crumbs. We four reps stand for major prison reform that helps us, not harms us, that betters society, not makes it worse.

California’s Gov. Newsom has the opportunity to help institute a massive prison reform movement.

Fourth. We four reps are for the principles we outlined in the Agreement to End Hostilities, the cessation of all hostilities between groups. We called on prisoners throughout the state to set aside their differences and use diplomatic means to settle their disputes.

If personal issues arise between individuals, people need to do all they can to exhaust all diplomatic means to settle such disputes; do not allow personal, individual issues to escalate into racial group issues. We encourage all prisoners to study the Agreement to End Hostilities and to try to live by those principles to seek your support to strive together for a safer prison environment.

We are not there yet. Dangerous cross-group hostility remains. What we experience in California prisons is not just developed in prison but is also widespread and supported in free society. Racial antagonisms, ghettoized housing, separation, institutionalized racism and promotion of beliefs of each other as less than human, as stupid, as criminal barbarians can cause us to fear and hate each other.

It does not serve us or society well. There are no easy ways to challenge these deep American divisions; forcing us together in joint yards, visiting rooms or classrooms will lead to violence and deepen the danger.

We four reps especially call out and stand against 50/50 yards. We oppose forced mixing of hostile groups where mortal enemies are forced together; 50/50 yards are dangerous and will make things much worse by causing fresh horrific encounters. No matter the policy’s intention, the state is responsible for our safety and wellbeing while we’re living under its jurisdiction.

We are entitled to respect and safety. We seek what we are entitled to. The 50/50 yards as a CDCr policy provokes violence. At this time, we endorse separate yards, separate programming and separate visiting.

We also call on California leadership, Gov. Newsom and the State Assembly and Senate to implement policies that encourage and grow support for the Agreement to End Hostilities that do not include 50/50 yards or forced interaction, but rather engage our minds and energy with productive jobs, education, training – major prison reform to a genuine rehabilitative system.

Fifth. The guard culture, especially in the yards, is vicious and provocative. Here where we live, the guards do not care about our safety. The guards get extra pay when there is violence; it is in their financial interest to promote it. Not surprisingly, guards regularly provoke disputes. Many enjoy the resulting violence.

California Correctional Peace Officers Association (CCPOA), the powerful guards’ union, is led by men who for the most part consider prisoners less than human. The CCPOA by their network and behavior supports the use of set ups, targeting, lying and isolation for random punishment. This intentionally causes widespread fear.

California Correctional Peace Officers Association (CCPOA), the powerful guards’ union, is led by men who for the most part consider prisoners less than human.

The CCPOA as one of the most politically influential organizations in California and holds many righteous political leaders hostage. The CCPOA members benefit with large overtime pay bonuses from violence and lockdowns.

Only if prison reform becomes a widespread demand of California voters can the influence of CCPOA be challenged. We need our families, friends and communities to build and extend our allies and develop strong support to vote for politicians who recognize our worth and are for widespread serious prison reform and an end to brutal warehousing that endangers society every day.

CDCR and California itself are legally responsible and accountable for prison conditions. Neglect does not free them of state institution responsibility for those in their “care.” The guards’ union should not be permitted to purchase power for abuse.

California citizens need to vote for prison rehabilitation as a priority: money for teachers, instructors, prisoner jobs instead of lockdown overtime and more guards.

Finally, we close with an update on our legal challenge. Our class action constitutional challenge to long-term solitary confinement was filed in May of 2012. We won a landmark settlement on Sept. 1, 2015, that resulted in thousands of people being released from SHUs across the state.

The settlement also gave us and our legal team the right and responsibility to monitor whether CDCr is following the requirements of the settlement for two years. That monitoring period was set to end in 2017, but in January 2019, U.S. Magistrate Judge Illman granted our motion to extend monitoring of the settlement agreement based on ongoing systemic constitutional violations in CDCR’s use of confidential information and in its reliance on past gang validations to deny parole.

Magistrate Judge Illman’s order extended our monitoring for 12 months. CDCr appealed and asked the court to suspend monitoring pending the appeal outcome. U.S. District Court Judge Wilken intervened and allowed us to continue monitoring pending any appeal outcomes.

When those who are oppressed stand together – as a group, a class – against that oppression, change can happen. Our own experience with eliminating endless solitary confinement in California proves that.

Our legal team has two pending appeals that CDCr has filed seeking to overturn the lower court orders in our favor. One appeal covers the extension of the monitoring as discussed above; the other covers enforcement of the settlement agreement regarding conditions of confinement in Level IV prisons and the RCGP (Restricted Custody General Population) unit.

As our legal team continues to monitor implementation of our settlement agreement, they are looking closely at how CDCR uses confidential information to place and keep validated and nonvalidated prisoners in Ad Seg (Administrative Segregation) and RCGP for long periods of time and sentence people to SHU for bogus RVRs (Rules Violation Reports). They are also trying to keep track of how validations continue to impact us, especially when we go before the parole board.

If you have any information about any of these issues, although they cannot respond to every letter, please write our team at: Anne Cappella, Attorney at Law, Weil, Gotshal & Manges, 201 Redwood Shores Pkwy, Fourth Floor, Redwood City, CA 94065.

In closing, we remind all of us prisoners and supporters that we are human beings who have a difficult shared experience. We have a right to our dignity, even inside these punishing walls. We present an opportunity to make society better rather than meaner.

We ask all prisoners to stand together, read and act within the principles of the Agreement to End Hostilities, whether you are in Ad Seg or RCGP or General Population, see yourselves as part of an international Prisoner Human Rights Movement.

We four prisoner reps send regards and recognition to each of you as fellow human beings who are entitled to fairness, dignity and respect. We send our respect to all our brothers and sisters incarcerated anywhere with hopes for genuine rehabilitative programming, jobs, education and training in this coming year.

We send our greetings to all the friends, family and communities from which we come, to all our allies in the general society, and we send our hopes for an understanding of the opportunity California has to again be a leader in reform to make the world a better place with so many of us who need help gathered together in state institutions.

We send extra love, support and attention to our Brother Sitawa Nantambu Jamaa, who is experiencing challenging health issues. Our Brother Sitawa sends his extra love to all those prisoners, prisoners’ families and general supporters of the International Prisoner Human Rights Movement.

The authors requested the Agreement to End Hostilities be appended to their statement.


Agreement to End Hostilities

Dated Aug. 12, 2012

To whom it may concern and all California Prisoners:

Greetings from the entire PBSP-SHU Short Corridor Hunger Strike Representatives. We are hereby presenting this mutual agreement on behalf of all racial groups here in the PBSP-SHU Corridor. Wherein, we have arrived at a mutual agreement concerning the following points:

1. If we really want to bring about substantive meaningful changes to the CDCR system in a manner beneficial to all solid individuals who have never been broken by CDCR’s torture tactics intended to coerce one to become a state informant via debriefing, that now is the time for us to collectively seize this moment in time and put an end to more than 20-30 years of hostilities between our racial groups.

2. Therefore, beginning on Oct. 10, 2012, all hostilities between our racial groups in SHU, ad-seg, general population and county jails will officially cease. This means that from this date on, all racial group hostilities need to be at an end. And if personal issues arise between individuals, people need to do all they can to exhaust all diplomatic means to settle such disputes; do not allow personal, individual issues to escalate into racial group issues!

3. We also want to warn those in the general population that IGI [Institutional Gang Investigators] will continue to plant undercover Sensitive Needs Yard (SNY) debriefer “inmates” amongst 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 (i.e., forcing CDCR to open up all GP main lines and return to a rehabilitative-type system of meaningful programs and privileges, including lifer conjugal visits etc. via peaceful protest activity and noncooperation, e.g., hunger strike, no labor etc.). People need to be aware and vigilant to such tactics and refuse to allow such IGI inmate snitches to create chaos and reignite hostilities amongst our racial groups. We can no longer play into IGI, ISU (Investigative Service Unit), OCS (Office of Correctional Safety) and SSU’s (Service Security Unit’s) old manipulative divide and conquer tactics!

In conclusion, we must all hold strong to our mutual agreement from this point on and focus our time, attention and energy on mutual causes beneficial to all of us [i.e., prisoners] and our best interests. We can no longer allow CDCR to use us against each other for their benefit!

We can no longer allow CDCR to use us against each other for their benefit!

Because the reality is that, collectively, we are an empowered, mighty force that can positively change this entire corrupt system into a system that actually benefits prisoners and thereby the public as a whole, and we simply cannot allow CDCR and CCPOA, the prison guards’ union, IGI, ISU, OCS and SSU to continue to get away with their constant form of progressive oppression and warehousing of tens of thousands of prisoners, including the 14,000-plus prisoners held in solitary confinement torture chambers – SHU and ad-seg units – for decades!

We send our love and respect to all those of like mind and heart. Onward in struggle and solidarity!

Send our brothers some love and light:

  • Todd Ashker, C58191, KVSP, P.O. Box 5101, Delano CA 93216
  • Arturo Castellanos, C17275, PBSP, P.O. Box 7500, Crescent City CA 95532
  • George Franco, D46556. DVO. 2300, 2300 Kasson Rd, Tracy CA 95304
  • Sitawa Nantambu Jamaa (Ronnie Dewberry), Freedom Outreach, c/o Marie Levin for Sitawa, Fruitvale Station, P.O. Box 7359, Oakland CA 94601 (Use this address until Sitawa fully recovers)

Laura Magnani, assistant regional director for the American Friends Service Committee’s West Region, has been working on criminal justice issues since the 1970s and with AFSC since 1989. Laura is author of “America’s First Penitentiary: A Two Hundred Year Old Failure” (1990) and co-author, along with Harmon Ray, of “Beyond Prisons: A New Interfaith Paradigm for Our Failed Prison System” (2006). She also authored the 2008 report. “Buried Alive: Long-term Isolation in California’s Youth and Adult Prisons.” She can be reached at LMagnani@afsc.org. Bay View staff contributed to the introduction.

This logo, created by the premiere prison artist, known as Rashid, was eagerly adopted by the California hunger strikers as the symbol of their sacrifice and strength in solidarity. – Art: Kevin “Rashid” Johnson, 264847, Pendleton Correctional Facility, G-20-2C, 4490 W. Reformatory Road, Pendleton, IN 46064

This logo, created by the premiere prison artist, known as Rashid, was eagerly adopted by the California hunger strikers as the symbol of their sacrifice and strength in solidarity. – Art: Kevin “Rashid” Johnson, 264847, Pendleton Correctional Facility, G-20-2C, 4490 W. Reformatory Road, Pendleton, IN 46064

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/

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

Summary of Ashker v. Governor of California

Summary of Ashker v. Governor of California

Settlement Terms

[from: CCR website]

When Ashker v. Governor was first filed as a class action in 2012, thousands of prisoners across the state of California languished in prolonged solitary confinement in Security Housing Units (SHU). At Pelican Bay State Prison alone, more than 500 prisoners had been held in the SHU for over 10 years, and 78 prisoners had been there for more than 20 years. They were warehoused in cramped, windowless concrete cells for almost 24 hours a day with no phone calls, infrequent visits through plexiglass preventing physical contact, meager rehabilitative opportunities, and no opportunity for normal social interaction with other prisoners. Their indefinite and prolonged confinement in this torturous isolation was based not on any actual misconduct but on vague and tenuous allegations of affiliation with a gang. Prisoners were routinely placed in prolonged solitary confinement for simply appearing on a list of gang members found in another prisoner’s cell, or possessing allegedly gangrelated artwork and tattoos.

In 2015, the plaintiffs agreed to a far-reaching settlement that fundamentally alters all aspects of this cruel and unconstitutional regime. The agreement will dramatically reduce the current solitary confinement population and should have a lasting impact on the population going forward; end the practice of isolating prisoners who have not violated prison rules; cap the length of time a prisoner can spend in solitary confinement at Pelican Bay; and provide a restrictive but not isolating alternative for the minority of prisoners who continue to violate prison rules on behalf of a gang.

1. The settlement transforms California’s use of solitary confinement from a status-based system to a behavior-based system.

Under California’s old regime, prisoners identified as gang affiliates were sent to SHU for an indefinite term based merely on their gang affiliation, regardless of whether they had ever violated a prison rule. The settlement transforms California’s use of solitary confinement from a status-based system to a behavior-based system: from now on, California will only send gang-validated prisoners to SHU if they are found guilty, at a hearing, of a serious “SHU-eligible” rule violation. These violations are now limited to the same violations that send non-gang-validated prisoners to the SHU: murder, violence against persons, threats to kill or assault, weapons possession, distribution of controlled substances, escape, disturbance, riot or strike, harassment, gang activity that leads to a serious rule violation, serious theft or destruction of property, extortion or bribery, certain sexual misconduct, and related attempts or conspiracy.

2. Validated gang affiliates who are found guilty of a SHU-eligible offense will enter a quicker two-year SHU step-down program for return to general population after serving their determinate SHU term.

Prisoners validated as gang affiliates in California used to face indefinite SHU confinement, with a review for possible release to general population only once every six years. Even when such reviews occurred, a single piece of evidence of alleged continued gang affiliation led to another six years of solitary confinement. That evidence was often as problematic as the original evidence used to send them to SHU – for example, a book, a poem, or a tattoo that was deemed to be gang-related. As a result, California held more people in solitary confinement, for longer periods of time, than any other state in the country.

Under the settlement, California will no longer impose indeterminate SHU sentences. Instead, after serving a determinate sentence for a SHU-eligible offense, validated gang affiliates whose offense was proven to be related to gang activities will be transferred to a two-year, four-step program. Prisoners will definitely be released to a general population prison setting after two years unless they commit another SHU-eligible offense while in the step-down program. While conditions at the steps remain harsh, prisoners will be allowed some telephone calls and rehabilitative programming at each step.

This new step-down program improves upon interim reforms unilaterally promulgated by the state after the Ashker complaint was filed. It cuts in half the time in the program from four to two years; provides increased phone calls, other privileges, and out-of-cell programming in the steps; and eliminates prisoners being kept in the SHU for either minor infractions or failure to engage in required behavioral programming.

Under this settlement, those prisoners who have refused to participate in step-down programming, or who have been found guilty of numerous acts of misconduct that don’t rise to the level of a SHU-eligible offense, will be transferred to a new unit established as an alternative to solitary: a Restricted Custody General Population Unit (RCGP). In this unit, described below, they will have the opportunity to complete the step-down program in a high-security but non-solitary unit, and earn release into general population.

3. California will review all current gang-validated SHU prisoners within one year to determine whether they should be released from solitary under the settlement terms. It is estimated by CDCR that the vast majority of such prisoners will be released to general population. In addition, virtually all of those prisoners who have spent more than 10 years in solitary will be immediately released to a general-population setting, even if they have committed recent serious misconduct.

The settlement requires speedy review of all prisoners currently held in a California SHU based on gang affiliation. With very limited exceptions, described below, those who have not been found guilty of a SHUeligible offense within the last two years will be immediately released to a general-population unit. Those with a recent SHU-eligible offense will be placed at the appropriate step of the step-down program, based on the date of the rule violation. It is currently estimated that only a small minority of those currently held in a SHU based on gang affiliation have a recent SHU-eligible offense, so that the overwhelming majority of prisoners should be released into general population under this settlement.

In addition, California has implicitly recognized the harm to prisoners from very prolonged solitary confinement by agreeing that those prisoners who have already spent 10 or more continuous years in the SHU will generally be immediately released from the SHU and placed in the RCGP to complete the step-down program – even if they have been found guilty of, or are still serving a sentence for, a recent gang-related SHU offense. Nor will anyone be involuntarily held in the Pelican Bay SHU for longer than five years for any reason. Even those prisoners who have been incarcerated in the SHU for more than 10 years and are currently serving a determinate SHU sentence for serious misconduct will be released to the RCGP to complete their SHU sentence and the step-down program unless California can show by a preponderance of the evidence that to do so would pose an unreasonable security risk.

4. California will create a new Restricted Custody General Population Unit (RCGP) as a secure alternative to solitary confinement.

The RCGP is a general-population unit designed to facilitate positive and meaningful social interactions for prisoners about whom California has serious security concerns, such that they would otherwise be placed in solitary confinement. As such, it may serve as a model for jurisdictions seeking to do away with solitary confinement altogether, while still ensuring prison security.

As part of a general-population unit, RCGP prisoners will be allowed to move around the unit without restraints, will be afforded as much out-of-cell time as other general-population prisoners, and will be able to receive contact visits. As a very high-security, restrictive-custody unit, its group activities will generally be in small groups, instead of large yards. For example, RCGP prisoners will have access to educational courses, a small-group recreation yard, small-group leisure activities and programming, some job opportunities and phone calls. Programming will be designed to provide increased opportunities for positive social interaction with both other prisoners and staff.

Three categories of prisoners will be sent to the RCGP: first, those who repeatedly violate prison rules while in the step-down program or refuse to take part in step-down programming; second, those who have spent over 10 continuous years in some form of solitary confinement and have recently committed a SHU-eligible offense; and third, prisoners against whom there is a substantial threat to their personal safety that limits their ability to be released into other general-population units.

5. Very prolonged solitary confinement will be severely limited and those confined provided significantly more out-of-cell time.

Because this settlement ends the prior practice of indeterminate SHU sentences for validated prisoners, generally prisoners will not be kept in the SHU for more than 10 continuous years, with a limited exception, called Administrative SHU. The settlement limits and ameliorates such prolonged solitary confinement by (a) setting up strict criteria for its use, (b) requiring increased out-of-cell time, and (c) providing for strong judicial review of its use. For example, where the Departmental Review Board has overwhelming evidence that a prisoner who has already served a SHU term presents an immediate threat such that he cannot be placed in general population, he can be kept in the SHU. Even in such instances, CDCR shall provide enhanced out-of-cell recreation and programming of a combined total of 20 hours per week, double the out-of-cell time of other SHU prisoners. During the agreement, CDCR’s decision is subject to review by Magistrate Judge Vadas, who is monitoring implementation of the settlement with plaintiffs’ counsel. The agreement states that CDCR’s expectation is that only a small number of prisoners will be retained in Administrative SHU. The Administrative SHU prisoners will have 180-day reviews in which staff will be required to identify efforts to move the prisoner to a less restrictive environment with the assumption being that these prisoners would be candidates to be moved to the RCGP. In addition, no prisoner may be held involuntarily at Pelican Bay SHU for more than 5 years.

6. Prisoner representatives will work with plaintiffs’ counsel and the magistrate judge to monitor implementation of the settlement.

The struggle to reform California’s use of solitary confinement has always been a prisoner-led movement. Indeed, the settlement was negotiated with the active participation of the prisoner representatives, who met as a group several times with counsel via conference phone calls, and who ultimately decided as a group to ratify the agreement. Under this settlement, prisoner representatives will retain their hard-won seat at the table to regularly meet with California prison officials to review the progress of the settlement, discuss programming and step-down program improvements, and monitor prison conditions. Plaintiffs’ counsel will receive regular documentation of all administrative-SHU and step-down placements, progress, and SHU-eligible rule violations. Along with Magistrate Judge Vadas, plaintiffs’ counsel will monitor all aspects of the settlement implementation. Magistrate Judge Vadas will be empowered to review and remedy any individual or systemic violations of the agreement. In addition, the settlement continues the ability of the prisoner representatives from around the state to confer as a group in a conference call with counsel to discuss the implementation and monitoring of the agreement.

The settlement also requires re-training of California correctional staff, and prohibits any retaliation for prisoners’ past and future involvement in the litigation or settlement monitoring.

The monitoring process under the settlement will be in effect for 24 months, with the opportunity to seek additional 12-month extensions upon a showing of continuing constitutional violations.

Prisoner Human Rights Movement: Agreement to End Hostilities has changed the face of race relations without any help from CDCr

by Sitawa Nantambu Jamaa

In: SF Bay View, Jan. 28. 2015

It is incumbent upon all men prisoners across the state of California and globally to embrace the struggle of women prisoners as a whole. We, the four principle negotiators of our Prisoner Human Rights Movement – George Franco, Arturo Castellanos, Todd Ashker and Sitawa Nantambu Jamaa (Dewberry) – recognize the women prisoner struggles and the PHRM supports them. These other prisoner activists do as well: D. Troxell, L. Powell, A. Guillen, G. Huerta, P. Redd, R. Yandell, J.M. Perez, J. Baridi Williamson, A. Sandoval, P. Fortman, Y. Iyapo-I (Alexander), A. Yrigollen, F. Bermudez, F. Clement and R. Chavo Perez.

“The Agreement to End Hostilities” – Art: Michael D. Russell, C-90473, PBSP SHU D7-217, P.O. Box 7500, Crescent City CA 95532

“The Agreement to End Hostilities” – Art: Michael D. Russell, C-90473, PBSP SHU D7-217, P.O. Box 7500, Crescent City CA 95532

These representatives, whom CDCr leading officials recognize as prisoner activists, are changing the face of race relationships within CDCr first, without any assistance from CDCr. Isn’t that amazing! The above named prisoner activists, along with the thousands of other prisoner activists throughout the California prison system, have changed the way prisoners should be treated as human beings.

I encourage all men and women prisoners to continue to press onward with our Agreement to End Hostilities (AEH) through all corridors of state and county facilities.

Prisoners’ era of retrospective study and constructive struggle

We are beacons of collective building while clearly understanding that we the beacons must take a protracted internal and external retrospective of our present day prisons’ concrete conditions to forge our PHRM onward into the next stage of development, thereby exposing CDCr’s racial discrimination and racist animus tactics against our prisoner class. This is why our lives must be embedded in determined human rights laws, based on our constructive development of our scientific methods and laws. Therefore, through our concrete conditions in each prison, our struggle shall be constructed through our Prisoner Human Rights Movement representatives and negotiators.

The PHRM has realized that CDCr has been setting up prisoners and creating racial tension among all racial groups, from various geographical locations up and down the state of California. It has become abundantly clear to the PHRM that Gov. Jerry Brown is an outspoken racist and overseer who has clearly shown that his discriminatory practices are directed at minorities and people of color: New Afrikan (Afrikan Amerikan), Mexicans (Latinos) and White working poor, who have all been suffering blatant discrimination in county jails and state prisons.

Gov. Brown went out and hired the most blatant racist prison superintendent in the U.S. as his secretary of corrections. Yes, CDCr Secretary Jeffrey Beard is continuing to torture, isolate, maim, racially assault, and racially, religiously and culturally discriminate against prisoners.

Gov. Brown and Secretary Beard are continuing their practices of long term solitary confinement. Now, it is a known fact that Gov. Brown and his personally appointed CDCr Secretary J. Beard do not want to STOP racial tension within the CDCr or the state of California as a whole, because if they did, the historical document, the Agreement to End Hostilities, would have been distributed by the CDCr to all women and men state prisoners, county jail prisoners, youth authority prisoners, juveniles, probationers and parolees throughout this state.

The Youth Justice League brought the Agreement to End Hostilities to the hood on the day it took effect, Oct. 10, 2012, at a rally in front of the LA County Jail. – Photo: Virginia Gutierrez

The Youth Justice League brought the Agreement to End Hostilities to the hood on the day it took effect, Oct. 10, 2012, at a rally in front of the LA County Jail. – Photo: Virginia Gutierrez

Since Oct. 10, 2012, when the Agreement to End Hostilities took effect, to the present day, California women and men prisoners’ racial and cultural hostilities have decreased, without any assistance from Gov. Brown or his subordinate, Secretary of CDCr Jeffrey Beard. It is important that all citizens here in California and throughout the United States realize that Gov. Brown and Secretary Beard do not care about reducing the violence among prisoners, nor do they care about the safety and security of Californians who are not incarcerated.

Our civil rights are violated daily. We citizens realize that the safety and security of California prisoners and our neighborhoods throughout California will only come from the people, not from corrupt law enforcement agencies! Because we know that the majority of California law enforcement policies have been brutal to our inner city citizens – killing and maiming our family members – and that the brutality has been sanctioned by Gov. Brown and carried out by CDCr Secretary Beard et al behind California prison walls against all prisoners and especially Level 3 and 4 prisoners.

CEASE the human torture! CEASE the racial profiling, Gov. Brown and Secretary Beard!

I want everyone to know that I agree with my co-principle negotiators’ articles in the October 2014 SF Bay View newspaper: 1) “California prisoner representatives: All people have the right to humane treatment with dignity” on page 5 and 2) “Unresolved hunger strike issues” on page 16. I want to encourage everyone to subscribe to this newspaper. It is the voice of all people!

To all U.S. citizens and the world community, support our Prisoner Human Rights Movement!

We are fighting for human justice. We are upholding the U.S. Constitution and California Constitution and the liberties therein, while establishing the freedoms that our ancestors struggled for over the past hundred years in California.

Determined to preserve our human lives and those of all prisoners within the state of California, we, the Prisoner Human Rights Movement, call on all citizens to get involved with social change now. In the course of our work, PHRM realizes that it is natural that we should meet opposition from CDCr, because of their ignorance and lack of knowledge manifested whenever CDCr ruthlessly deceives and deprives prisoners of our human rights and civil rights daily.

With the dawn of this new prison era, the Prisoners’ Era of Retrospect and Construct, know what its essentials are; know its principles and strive to attain our goals and objectives in the truest sense of our Agreement to End Hostilities. We know what forced solitude causes: psychological and physical warfare, for prisoners and their outside family members as well.

Politically speaking, the world has changed and so have prisoners. Human progress means change, and today we need to prepare for a higher life, for tomorrow’s liberty – educationally, socially and politically.

Determined to preserve our human lives and those of all prisoners within the state of California, we, the Prisoner Human Rights Movement, call on all citizens to get involved with social change now.

No one wants to be tortured, dehumanized, racially profiled, religiously profiled and viciously targeted by acts of sensory deprivation by Gov. Jerry Brown’s state government and his California prison officials to implement the New Jim Crow, i.e., the Security Threat Group/Step Down Program (STG/SDP), which is actually criminal acts of torture by way of low intensity warfare. This is an act against all California citizens and humanity itself.

Our PHRM was threatened by CDCr officials and employees as we championed the cause of the Agreement to End Hostilities, and we thank God that our prisoner class did not fall prey to CDCr’s threats to destroy our AEH across this state. Prisoners hold their destiny in the palm of their hands and we shall not allow any prison correctional officers, sergeants, lieutenants, captains, associate wardens, chief deputy wardens, wardens, the director of adult institutions, the undersecretary or the secretary or even Gov. Brown to destroy our faith in humanity. The Prisoner Human Rights Movement shall stand as ONE clenched fist in solidarity against CDCr oppression.

I want to make it clear that Gov. Brown and Secretary Beard operate with the mentality of Donald Tokowitz Sterling, the former Los Angeles Clipper’s owner. Just review their policies, rules, laws and practices directed at all prisoners and their family members, relatives, friends and all citizens within this state.

We shall not allow even Gov. Brown to destroy our faith in humanity. The Prisoner Human Rights Movement shall stand as ONE clenched fist in solidarity against CDCr oppression.

Stand up against injustice. Stand up against racism. Stand up against sensory deprivation.

People, get involved in struggle!

Revolutionary love and respect!

Brutha Sitawa

Send our brother some love and light: Sitawa Nantambu Jamaa, s/n R.N. Dewberry, C-35671, 4B-7C-209, P.O. Box 1906, Tehachapi CA 93581.

CDCr Are Cold-blooded Executioners

CDCr Are Cold-blooded Executioners

By Sitawa Nantambu Jamaa, January 1, 2015

As imprisoned activists, we’ve often asked society: What have your eyes seen, to wish to see no more? And what have your ears heard to wish to hear no more? Your self-imposed mute has only fueled the government’s thirst for fascist repression, and this repression has manifested on every level of society, causing humanity to hemorrhage, while debris from this hemorrhaging scorches the dissipating remnants of a deteriorating society. People, I don’t intend to be poetic, but it is imperative that this indictment tap into the depths of your rhythmic soul, with the hope that we are able to re-awaken your true sense of humanity, and restore your hearing and sight, so you can hear our voices, and see a society that is trapped within its own sins.

Some may even find the above paragraph contextually out of place at first glance, but it is a prerequisite necessitated by a society that for the most part has lost its moral vision, as well as its capability of humane discernment, compelling us to ponder over the possibility that our words will fall upon deaf ears. What was once morally reprehensible, is now immorally acceptable and justified under particular situations and/or circumstances, thus leaving humanity and justice at the dictate of a subjective scrutiny.

We can no longer assume that we are speaking to a society that is firmly rooted in the tenets of an ethical constitution, especially when the evidence of an impaired moral fortitude appears to permeate every social stratification. So, our question to ourselves as imprisoned activists and embedded reporters for the People is “How do we articulate a moral indictment on the subject of torture that is capable of penetrating the exterior periphery of a post 9/11 culture, where torture for the most part is no longer considered a crime or an act against humanity, but rather, as a tool to extract information, or as a weapon designed to censor, persecute, punish and ideologically subdue the imprisoned activists, or a governmental strategy designed to suppress the poor communities, the New Afrikan community in particular?”

Articulating the diabolical anatomy of torture for a post 9/11 society is no doubt a task that must be diligently executed, for it is too important an issue to allow subjective sentiments to cause us to neglect our responsibility as imprisoned activists. We are still obligated to serve, even a morally decaying society is deserving of being saved, and Yes, even if those who are doing the saving are imprisoned activists.

An Anatomy of Torture

When we speak about the anatomy of torture, this inherently encompasses its socio-political, socio-cultural and spiritual ramifications. The government deliberately omits this aspect to torture, which is the most pertinent and significant element, but the government also understands it is this very element that has the potential to ignite societal and spiritual expostulation, impeding their ability to torture as a political tool, both domestically and globally.

Most people, including the so-called experts tend to perpetuate a fundamental and erroneous interpretation of torture. People often perceive physical and psychological torture as two separate entities. Their hypothesis implies physical torture is exclusively physical, and that psychological torture is exclusively psychological. Contrary to this popular myth, their practical application and execution explicitly implies that both physical and psychological torture are one and the same, though two distinguishable components. But in practice, they are constantly interchanging, or morphing into one another, where the physical becomes the psychological, or vice-versa.

Psychological torture has a physical characteristic. Those under psychological torture also experience physical pain. Psychological torture, no question, produces an intense stress that eventually wreaks havoc on the body, burning the body on itself. Physical torture also possesses a psychological characteristic, but before we discuss the subject to torture further, let first be clear what it is.

Many people within the poor and oppressed communities look at torture in one dimension, not even realizing that they are constantly under the subjugation of government-sponsored torture, for example: when the pigs murder un-armed Black males, or murder a 12 year old Black Manchild, this is a form of torture, using government-sponsored violence as a tool of both psychological and physical torture. These acts of open terrorism are designed to instill fear into our community every time we step outside our homes. The threat of government-sponsored violence is always present, producing stress, which affects our physical health.

Post-9/11 made torture an acceptable evil, not only in the U.S. government’s so-called war on terrorism, but the government’s domestic deployment of torture socially acceptable among certain segments of society, not that this is a new phenomenon, and this radical change unfortunately became the catalyst for the prison industrial complex (PISC) to rapidly increase their torture program with impunity.

It is not even a question that both physical and psychological torture is a permanent reality throughout the Prison Industrial Slave Complex. The issue that presently confronts us, is the wide-spread acceptance of our torture, and not even considering the moral and social ramifications of a society that has lost its humanity? And then you wonder, how could a police officer murder a 12 year old Manchild, or a 70 year old Sista? Or a 6 year old Womanchild?

The social acceptance of torture domestically or globally should serve as an indictment of the absence of our collective sense of humanity! A society that is slowly dying and don’t even know it! Do you think that God would accept or tolerate our daily torture in his name? Do you not know that you as a member of this society will one day have to answer for turning a deaf ear and a blind eye to the cry of human suffering at the hands of government-sponsored torture? I ask you to pray on this, if you are a true believer, for your humanity is under indictment! Put your hands up, your humanity has no rights to remain silent — speak out against torture!

Prisoners Human Rights Movement

We are beacons of collective building while clearly understanding that we the beacons must take a protracted internal and external retrospective of our present day prisons’ concrete conditions to forge our PHRM onward into the next stages of development, thereby exposing California Department of Corruption and Repression (CDCR)/ United States Prison System of Racial Discrimination, Cultural Discrimination and Racist Animus Tactics against our prisoner class.

This is why our lives must be embedded in our determined human rights laws, based on our constructive development of our continuous Liberation Struggle via our scientific methods and laws.

Therefore, through our Prisoner Class, concrete conditions in each prison/ U.S. prisons shall be constructed through our Prisoner Human Rights Movement.

Sitawa Nantambu Jamaa, December 1, 2014 © SNJ

Some people still think:

Prisoners deserve what they get. We have nothing in common with their behavior or criminality. We live in a Democracy. In America, the land of the free, the land of citizen-ship for all who wants to be free from all oppression and repression. A true society of equality and justice.

So it is said, but just for historical accuracy, let’s look under the underpinnings of the State and determine its true function and reality, for the above is simply a façade, a myth perpetrated for devious and immoral purposes by those who are truly the purveyors and architects of world domination and capitalist imperialism. For the contrary is really the reality.

Amerikkka is founded on the anti-poor and oppressed nationalities by the racist imaginations of depraved oligarchs, who expropriated their tactics and strategies from the Mussolini’s and Hitler’s of the world. The oligarchs refined and tested their tactics under their Jim Crow Laws and the Willy Lynch focus groups, among other tired and tested methodologies, which has led to a whole class of people who are now confined and isolated in a controlled environment, by orchestrating conditions whereby society would accept their detention (not on the open slave plantations, as they were as privileged) but as confined citizens un-aware of their true reality and peer power. Now, today, the encaptured are ‘law breakers’ and placed in state (government) sanctioned penitentiaries. Same slave mind set by the oligarchs, but now even more restrictive.

Not for purposes of reflection or to atone, or to do penance, but in reality, prisoners became test subjects to be experimented on in order to determine how much or to what effect misogynistic designs could be reasonably transferred to the real target audience, the Amerikkkan public. Yes, Amerikkka, in its satellites, law enforcement and prisons, dual purpose was to keep its prisons full and to employ methods to break the spirits, hopes, dignity, belief system and faith, of its inhabitant, and then to structure specific tactics to disguise such intent, so the public could never make any connections to their own existence. America has developed into a qualitative transitional paradigm, unifying its totalitarian imagining and fascism.

This nation has been actively micro-managing psychological, physical repressive, racist and anti-people oppression tactics of control via prisons with sensory deprivation, psychological and physical terroristic attacks on its helpless charges (Shades of Oscar Grant, Amadu Diallo, Levar Jones, Travon Martin…).

Prisons have focused in particular on a three prong attack of late:

  1. Righteous challenges and exposures by prisoners of the illegalities, barbarousness and murderess actions of the State of California
  1. Media complicity as well as other official organs of the State of California, to legalize its actions as legal and defensive.
  1. Intimidation through murder, brutality and a state-wide propaganda, or reflection, campaign, to outright attempts to temporarily appease and create a cosmetic, topical façade, especially if their acts are caught on tape!!

There is no separation or chasm between the general citizenry and its isolated captive class. So how do you rise up against a system that appears to the multitude or the confused and misinformed, to provide you with access to a home-tenement or apartment, car, food, electricity, etc, even as you know that the system also creates a world of death? Who murders millions and when millions hate you or at least your policies made by representatives you’ve elected? How do you muster the courage to step out of line and challenge concepts that you’ve always accepted as gospel, even as you suspect that the system is evil and does not represent the definition of freedom, justice, equality that you really believe in?

What can inspire and activate you to engage the monster called Amerikkkan capitalist imperialism under the guise of a democracy? Stand up and get involved with kindred spirits engaged in challenging the powers that be, in New York, in Los Angeles, in the Bay Area, in Ferguson, in San Francisco, so the prison movement can abolish security housing units. Subscribe to the Peoples news source, The San Francisco Bayview newspaper. These are excellent starting points of a concrete nature that will put you on the battle line to change the culture of oppression. Realize what is on-going in these in these Koncentration Kamps prisoners are the leading to your doorstep.

As Clyde McKay so illustriously states, “If we must die, let it be on our feet and not on our knees. Dying but fighting back.” Let’s reclaim our dignity and humanity in concerted activities and actions with others. Know we fight for a New World.

These people (prison guards, officials) can lock us up here inside many of their control unit cages, but they, our captors, shall never stop our struggle for justice to all Prisoners!!! – SNJ © October 10, 1994

The above teaching, expressed by Brutha Abdul Olugbala Shakur (J. Harvey, C48884, CSP-COR 4B-1L-25, PO Box 3481, Corcoran CA 93212) was transferred to said location after the opening of this revolutionary message to the world, Peoples Lives Matter, and Brutha Larry Woody Woodward (E81171, 4B-7C-104, PO Box 1906, Tehachapi CA 93581) equally shared how California and the United States operates its State and Federal prison systems, which have an adverse effect upon the people/ citizens of the State of California and this country. (i.e., prisons and poverty!!)

I commend these Bruthas as two warrior leaders on one side and citizens on the other side in a replica of the relations of our oppression. Our revolutionary (i.e., fundamental process of change) has the foresight of constructive dialogue with the people of California under the pretext of educating and organizing them. (i.e., Prisoners and Citizens) ensuring a united front via Prison Human Rights Movement (PHRM) and we shall not allow for CDCr or its secret agency of some thirty (30) years. “We are the final judgment society (WFJS)” This is what Kamala Harris, of the California Attorney General office, should be investigating, this rogue CDCr agency and the billions of wasted tax payers money.  Stay tuned.

We can no longer just express the contradictions of our tormentors, therefore it’s a mandate that all prisoners offer their solutions, for we are not reporters, we are a culture of PHRM activists who have dealt with complicated subjects (Legal, Cultural and Political), for we are the prisoner activists within the (PHRM) across the state.

Let me emphasize that my defense could be divided into a prior stage of reflection and a subsequent stage of action. It is clear that a critical analysis of our STG/SDP reality may however, reveal that a particular form of non-violence peaceful protest (Action) has to enter our struggle for justice at this stage of development, and our critical reflection is also action. For CDCr has to realize that it has 300,000 prisoners in CDCr who have been suffering in the General Populations for years. In fact, the thousands of Ad Seg and SHU –SDP don’t really fear their over-due freedom from CDCr’s wicked solitary confinement. The PHRM dialogue with the people has created and radically authenticated our PHRM.

Our (PHRM) journey of 2010, was chosen and made possible, not just by the four (4) Principal Negotiators (PNs) for the prisoner class, nor by the prisoner class for the (PNs) but by both acting together in our PHRM UNSHAKABLE SOLIDARITY. – SNJ © 2014

We (PHRM) as a whole, state-wide, and as the local council operating throughout CDCr shall be instituted at all SHUs (i.e., SDP) and on each General Population, for levels II, III and IV prisons, for we represent the full interest of all prisoners irrespective of one’s nationality or geographical location. This is what our PHRM represents, and our four (4) principal negotiators (PNs) are Arturo Castellanos, George Franco, Todd Ashker and myself, Brutha Sitawa. We are the voices that speak directly to CDCr administrators (i.e., J. Beard, and all of his various senior administrators) since 2011, and we have changed the course of how CDCr conducts their affairs with solitary confinement prisoners and the entire California prisoner class (including General Population) under our Prisoner Human Rights Movement, PHRM.

Prisoners cannot allow for themselves to be bamboozled and hoodwinked by CDCr’s smoking glass and mirrors. Our fate is within each prisoner and guided by our PHRM and the Four Principle Negotiators, and all of the PHRM local councils at your prison (and not those CDCr elected inmate advisory councils, IAC). And no prisoner should be under CCR Title 15, Section 3230, which states that all IAC are under the CDCr/ IAC constitution. What’s up with that??!

The PHRM works on behalf of all prisoners and not for CDCr. CDCR is continuing to beat, maim, murder and torture prisoners, daily!  Cease the inhumane treatment! Cease the mental torture, and CDCr: Cease your crimes against prisoners’ humanity!!

PHRM!   In Struggle !!

Bruthas Sitawa, Abdul and Woody

Sitawa Nantambu Jamaa

s/n R.N. Dewberry  C35671
CCI 4B-7C-209
P.O. Box 1906
Tehachapi  CA  93581

Abdul Olugbala Shakur
s/n J. Harvey, C48884
CSP-Cor 4B-1L-25
P.O. Box 3481
Corcoran CA 93212

Larry Woody Woodward, E81171
CCI, 4B-7C-104
PO Box 1906
Tehachapi, CA 93581