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/

i Went inside My Heart To Survive The Torture

Baridi on his first contact visit since decades, with his sister, 2016

To: OUTSIDE HUMANITY: This is part 2 of my Shared Journey inside the Tombs of California’s Solitary Confinement Torture Chambers, inspired by those of you Outside Representatives of Humynity who cared enough to take time out of your personal lives (even step out of your privileged comfort zones) and See Us (SHU Men) as Human Beings. I/WE THANK YOU ALL (special Shout Out to Sista Sharon, Cile & HRPP Reps).

Part II: I WENT INSIDE MY HEART TO SURVIVE THE TORTURE
By Baridi “X” Williamson
JW © June 6, 2016

When i entered this California branch of the New Jim Crow system of mass incarceration thirty-two years ago, there was nothing in my mind that could have prepared me for the torturous ordeal that awaited my arrival to this prison station along my Life’s journey – especially the last twenty-plus years of being buried alive in the State Government’s Solitary Confinement Torture Prison Tombs called various names — “AD-SEG” (Administrative Segregation), “SHU” (Security Housing Unit), etc.

Yet, it was the clear insight that was shared by a Freedom Fighter named George Jackson, who tells us in this internationally-acclaimed publications that “It takes some serious psychological adjustments to deal with prison life … ” (Soledad Brother). So you can imagine what that meant when having to come face-to-face and either deal with, or run (debrief/snitch/lie on others) inside Solitary Confinement for years/decades under California’s “Snitch, Parole, or Die” Mass Validation/Indeterminate SHU Classification/Indetermined SHU Classification/Debriefing (coerced enhanced interrogation) scheme (1980s to recent).

And there i was staring this inhumane, cruel and torturous creature in its face, as i entered that strange man-made diabolical construct called “Pelican Bay SHU” in the early 1990s. And just as George said, “Nothing can prepare you for this.” In January, 1995 U.S. federal court Judge Thelton Henderson described the conditions behind the Pelican Bay SHU walls/gates:

The Prison setting at Pelican Bay SHU offers a tremendous potential for abuse by guards who have powerful weapons and enormous manpower at their disposal and exercise nearly total control over the inmates under their supervision. Adding to this volatile mix is the fact that the prison setting of the SHU is far removed from the usual sights and sounds of everyday life. From the outside, the SHU resembles a massive bunker; from the inside, it is a windowless labyrinth of cells and walls, sealed off from the outside world by walls, gates, and guards. The physical environment thus reinforces a sense of isolation and detachment from the outside world and helps create “palpable distance from ordinary compunctions, inhibitions, and community norms.”
(Madrid v. Gomez, 889 Fed. Supp. 1146)

Sadly, it took decades for the outside world at large to learn the shocking truths about the inhumane, degrading, brutal and fatal horrors that were being secretly visited upon those of us inside the SHUs (which included SHUs at Corcoran, New Folsom, and Tehachapi). And that was only after the historic California Hunger Strikes (2011-2013) that we were able to finally break through CDCr’s secret redwood (Del Norte County/Crescent City) curtain wall of lies to hide their torture. But by then, the damage of Post Traumatic Stress Disorder — Solitary Confinement had already been done. This is why it is taking some of us so long to try to share with you — the Outside World Humanity — what we just experienced. It is the trauma that we must face, to grasp an understanding of, and expose to you.

During and following those peaceful Hunger Strikes, one of the interesting questions that those of you representing Outside Humanity that either took the (much-welcomed/-appreciated) time to write and/or come in and visit — (Shout Out to Everyone in the Prisoner Hunger Strike Solidarity Coalition (PHSS) — would ask me/Us was questions like:

How Do you Cope/Deal With Being In There All This Time”?

I will not try to speak for others, because we each had to find our own personal ways to “cope/deal” and (most of all) “SURVIVE” the traumatic torment we were subjected to in there. But i want to share that i am finally able to take a deep breath and learn about my personal struggles inside there.

During the first five to ten years in PBSP-SHU, i watched the guys around me outwardly showing their struggles as they slipped deeper into the abyss and ultimately lost their Sanity. This was especially blatant for those whom the prison staff deliberately separated from the rest of us (within the other SHU units) and moved them to a separate torture place called “VCU.” Many of them were driven insane within months (possibly due in large part to their already unstable mental state?)

I recall how these guys would be taken from VCU and brought into the other SHU units where i/WE were located and you could see that they were all the way gone. A guy would spread feces all over the cell and his body and be inside his assigned cage like that with no care. And in the case of the young mentally-ill Black man named Vaughn Dortch, the staff (both medical and guards) forced Mr. Dortch into a tub of scalding hot water and held him down while they scrubbed his skin with a steel brush and his skin peeled away and hung loosely at the bottom of his legs [see here for a 1996 SF Gate article, and Madrid v. Gomez, or google “Vaughn Dortch.”]

Another prisoner had climbed atop the highest rail bars on the Second Tier and jumped off head first. Some guys banged their cups and spoon on the bars and screamed and yelled all night. And these are just some examples of the blatant symptoms of SHU prisoners losing their sanity. Then there are those who, like myself, were able to internally find the wherewithal to battle/resist (often with outside Humanity’s supportive help) and cope/survive.

For me, i survived by trying to identify which ways our CDCr SHU tormentors were using to penetrate our inner-being and manipulate/play on our vulnerabilities and weaknesses as Human Beings to try and Break our Minds and Spirits — such as playing games, denying all natural Human and social contact with anyone, including our Families, depriving us of the normal use of our natural senses to see the grass, trees, sun (feel its rays/warmth), to smell/taste nutritional, wholesome food, to hear natural sounds like birds singing, human laughter, etc. We were physically entombed in a 3-walled concrete, windowless Box with little holes at the front formed around a locked, rectangular slot that they shoved the food tray through. All we could see was a larger wall directly in front of the cage. I sensed the need to have some kind of defense around me inside. But how?

Once i saw that the entire Solitary Confinement ‘creature’ was set up to attack my overall Being (inside and out), i started trying to find effective ways to cope. So for years i relied heavily on mainly exercising my body and mind, reading, studying and writing. And whenever I felt the stress and strain of the ‘creature’ tugging at my inner-Being, trying to pull my Sanity over the edge into the abyss, i would quickly get to exercising. That worked for awhile, but then came the mundane, everyday monotony of waking up and having to face and deal with the same ole tired, boring regimen, day-in and day out. It would be at this stage of my internal struggles that i feel this ‘creature’ tugging at me. So i learned to go inside myself, find memories of my Family and hug/hold onto them for dear life. I would place us in a sacred place deep inside the Heart and there we would remain throughout the duration of my traumatic ordeal. I would somehow fix my Mind to shut down, block out, and close off any noticeable access by our Tormentors to get into that safe sanctuary of my Heart and Soul.

I erected some unnormal psychological walls to guard my-Self/Sanity that i have no idea what i created to SURVIVE!

To be continued . .. Next “Exiting the Madness Thru Humynity”

Baridi Williamson, D34288; SVSP C1/118; PO Box 1050, Soledad, CA 93960

A Look at California’s Legal Settlement on Solitary Confinement

A Look at California’s Legal Settlement on Solitary Confinement, by Kijana Tashiri Askari-page 1

A Look at California’s Legal Settlement on Solitary Confinement, by Kijana Tashiri Askari -page 2

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.

Pelican Bay Short Corridor Human Rights Movement: Banned testimony of the four main prisoner representatives

Published in: SF Bay View, Feb. 11th, 2014

by Todd Ashker, Arturo Castellanos, Sitawa Nantambu Jamaa (Dewberry) and Antonio Guillen

Feb. 11, 2014 – We are prisoners at Pelican Bay State Prison who have all lived for over 15 years locked 23 hours a day in small windowless cells, without ever being able to hug or touch our families, without ever seeing birds, trees or the outside world, with no programs or chance for parole.

California keeps us in these torturous conditions not because of any violence we have committed, but because it believes we are affiliated with a gang, often based on artwork or photos we possess, tattoos we have, literature we read, who we talk to or anonymous informants’ statements that we have no way of challenging. We are put in Pelican Bay not for any specific term of months or years for misconduct we have committed, but indefinitely, which in practice means forever – unless we become informants.

California keeps us in these torturous conditions not because of any violence we have committed, but because it believes we are affiliated with a gang, often based on artwork or photos we possess, tattoos we have, literature we read, who we talk to or anonymous informants’ statements that we have no way of challenging.

Last summer we went on hunger strike – we were willing to starve ourselves to death rather than continue to endure these dehumanizing conditions forever. We ended the strike because several compassionate legislators promised to call the hearings that are taking place today. Yet today the legislators will hear from psychologists, lawyers, other experts, corrections officials, but not from us – who have the most experience with the conditions we face – because California (CDCR) prison officials refuse to let us testify, even remotely via video or audio, which they could easily do.

So this is our banned testimony: CDCR claims to have now instituted a reform program. It is a sham, just like the so called reform they instituted a decade ago after a court settlement which resulted in no real change. This new reform effort still maintains the basic conditions at Pelican Bay, and will continue to keep prisoners in isolation for vague gang affiliation based on artwork, literature, communications or informants’ testimony that does not meet California’s judicial standards for reliability in criminal trials.

California is still unwilling to move to a real behavior based system where prisoners are given determinate terms in solitary after due process hearings at which they are found guilty of some serious misconduct, such as assault, murder, rape or drug dealing. Instead, these new policies widen the net of prisoners who can be labeled as gang affiliates and isolated based on that label. These unjust and ineffective policies are very expensive and have already cost our state millions of tax dollars which could be put to better use.

CDCR’s reform program widens the net of prisoners who can be labeled as gang affiliates and isolated based on that label. These unjust and ineffective policies are very expensive and have already cost our state millions of tax dollars which could be put to better use.

Moreover, even those prisoners who need to be isolated from the general population because of the violence they have committed while in prison ought to be treated humanely. There is no reason California can’t run very high security prisons that allow prisoners held in segregation to have contact visits with family, phone calls to family and friends, educational and rehabilitation programs, more out-of-cell time, cells with windows, recreational yards that allow for small groups to recreate together and see the outside world: in short, segregation from the general population, but not torture or dehumanization.

There is no reason California can’t run very high security prisons that allow prisoners held in segregation to have contact visits with family, phone calls to family and friends, educational and rehabilitation programs, more out-of-cell time, cells with windows, recreational yards that allow for small groups to recreate together and see the outside world: in short, segregation from the general population, but not torture or dehumanization.

We have written petitions and letters to the governor, filed a class action federal lawsuit and gone on hunger strikes seeking real reform, not the bogus reform Californian officials now propose. It’s time for California to do the right thing. It’s time for the legislature to enact meaningful reforms.

Pelican Bay Short Corridor Human Rights Movement:

• Todd Ashker, C-58191, SHU D4-121, P.O. Box 7500, Crescent City CA 95532

• Arturo Castellanos, C-17275, SHU D1-121, P.O. Box 7500, Crescent City CA 95532

• Sitawa Nantambu Jamaa (Dewberry), C-35671, SHU D1-117, P.O. Box 7500, Crescent City CA 95532

• Antonio Guillen, P-81948, SHU D2-106, P.O. Box 7500, Crescent City CA 95532

CDCR’s $9.2 billion corruption machine vs. Prison Human Rights Movement

Published in the SF Bay View, Aug. 16th, 2013

by Sitawa Nantambu Jamaa, PBSP-SHU Short Corridor Collective

Aug. 14, 2013 – I would like to reiterate that the Agreement to End All Hostilities, issued Aug. 12, 2012, is significant for all prisoners because CDCR (California Department of Corrections and Rehabilitation) has encouraged prisoners in their 33 prisons to not only engage in self-destructive behavior but has also helped heighten racial hostilities – the catalyst for internal warfare, racial warfare and gang warfare – all of which has been magnified inside the prisons and throughout our communities.

We decided to address these contradictions head on by engaging in a dialogue that was meaningful, sincere and honest with each respective entity. We realized that our responsibility was to end actions that were contrary to the growth and development of each and every prisoner.

We have been attempting to end hostilities for the last 13 years, but the CDCR was not a willing participant in the process. In 2000, we were allowed to get together and work on ending racial and gang riots and to end internal violence.

The CDCR, after realizing that we were successful in our attempts, became very irritable and obstructionist toward our work and proceeded to deliberately sabotage it. During a racial riot in 2000, a young prisoner was murdered by a prison guard. Young prisoners were being murdered in these racial riots; their actions were used by prison guards to justify their being shot for being armed with a weapon – i.e., a makeshift prison knife.

Countless prisoners have been murdered in cold blood under the CDCR’s “no warning shot policy.” The prison guards justify killing the prisoners because, they say, they thought they saw a weapon or witnessed one prisoner advancing on another. We consider this to be cold blooded murder. We called for an end to hostilities to eliminate giving prison guards an excuse to kill prisoners.

We realize that the justification for locking men and women away in solitary confinement on prison gang validations indefinitely while also subjecting us to a military debriefing process as the only way to program out constitute attacks to our physical and psychological well-being. Prisoners can no longer withstand such torture.

This process has led to many debriefings and mentally ill prisoners throughout CDCR: in PBSP-SHU, Corcoran SHU, Tehachapi SHU, Folsom SHU and San Quentin Adjustment Center (Death Row). As people who have suffered under such a brutal, diabolical system, we realize that it is our responsibility to help change the course of violent prison systems that have made their way to our communities.

Orchestrated activities are carried out by debriefers and collaborators whose sole role is to maintain hostilities and deepen infiltration and entrapments within our communities in association with the law enforcement in the streets.

We had been talking about playing a greater leadership role for the last 13 years throughout the PBSP-SHU, but we were unable to agree collectively due to our isolation. So when powerful entities within the California prison system – Institutional Gang Investigators (IGI), Investigations Services Unit (ISU) and Office of Correctional Safety (OCS) – isolated us together in the short corridor, a super-max SHU, we were able to re-open our dialogue and agreed to ending the blatant attacks that our families, friends and associates were being subjected to – the same attacks that we were being subjected to in solitary confinement.

We called for an end to hostilities to eliminate giving prison guards an excuse to kill prisoners.

We realize nothing productive can be done to change the current state of our situation, our prison environment, unless we end the hostilities between prisoners and end all racial and gang violence within the CDCR.

We feel that prisoners are the victims of a systematic process that manipulates them through racial and gang violence in order to prevent greater unity.

In solidarity, struggle, love and respect,

Sitawa

Sitawa Nantambu Jamaa is one of four members of the PBSP-SHU Short Corridor Collective who sit at the negotiating table whenever Gov. Jerry Brown authorizes the CDCR to negotiate the hunger strikers’ demands.

The Call: Hunger strike to begin July 1

Published in the SF Bay View, June 3, 2011

Prisoners in the Security Housing Unit (SHU) at Pelican Bay State Prison are planning to begin an indefinite hunger strike as of July 1 to protest the cruel and inhumane conditions of their imprisonment. This hunger strike has the potential to become the most significant event in California prison reform in the last decade. Public support is crucial. A few months ago, Ohio prisoners won all their demands after a petition with 1,200 signatures was given to officials. Record your support by signing the Pelican Bay petition – and ask your friends to sign it too – at http://www.change.org/petitions/support-prisoners-on-hunger-strike-at-pelican-bay-state-prison.

by Mutope Duguma (s/n James Crawford)

 

This is a call for all prisoners in security housing units (SHUs), administrative segregation (ad-seg), and general populations (GP), as well as the free oppressed and non-oppressed people, to support the indefinite July 1 peaceful hunger strike in protest of the violation of our civil and human rights here at Pelican Bay State Prison Security Housing Unit (PBSP-SHU), short corridor D1 through D4 and its overflow, D5 through D10.

It should be clear to everyone that none of the hunger strike participants want to die, but we are taking this dire action due to our circumstances: The state of California has sentenced all of us on indeterminate SHU program to a “civil death” merely on the word of a prison informer – a snitch.

The purpose of the hunger strike is to combat both the psychological and physical torture in ad-seg and the SHU, as well as the justifications used to support treatment of the type that leads to prisoners being subjected to a civil death. Those subjected to indeterminate SHU programs are neglected and deprived of the basic human necessities while withering away in a very isolated and hostile environment.

Prison officials have utilized the assassination of prisoners’ character by each other as well as the general public in order to justify their inhumane treatment of prisoners. The guards’ “code of silence” allows them the freedom to use everything at their disposal in order to break those prisoners who prison officials and correctional officers (COs) believe cannot be broken.

It is this mentality that set in motion the establishing of the short corridor, D1 through D4 and its D5 though D10 overflow. This mentality has created the current atmosphere in which COs and prison officials have agreed upon their plan to break indeterminate SHU prisoners.

This protracted attack on SHU prisoners cuts across every aspect of the prison’s function: food, mail, visiting, medical, yard, hot/cold temperatures, privileges (canteen, packages, property etc.), isolation, cell searches, family and friends, and socio-culture, economic and political deprivation. This is nothing short of the psychological and physical torture of SHU and ad-seg prisoners. It takes place day in and day out, without a break or rest.

The prison’s gang intelligence unit was extremely angered at the fact that prisoners who had been held in SHU under inhuman conditions for anywhere from 10 to 40 years had not been broken. So the gang intelligence unit created the “short corridor” and intensified the pressure of their attacks on the prisoners housed there. The object was to use blanket pressure to encourage these particular isolated prisoners to debrief – i.e. snitch – in order to be released from SHU.

The COs and administrative officials are all in agreement and all do their part in depriving prisoners in the short corridor and its overflow of their basic civil and human rights. None of the deliberate attacks are a figment of anyone’s imagination. These continuous attacks are carried out against prisoners to a science by all of them. They are deliberate and conscious acts against essentially defenseless prisoners.

It is these ongoing attacks that have led the short corridor and overflow SHU prisoners to organize ourselves around an indefinite hunger strike in an effort to combat the dehumanizing treatment we prisoners of all races are subjected to on a daily basis.

Therefore, on July 1, 2011, we ask that all prisoners throughout the state of California who have been suffering injustices in general population, administrative segregation and solitary confinement to join in our peaceful strike to put a stop to the blatant violations of prisoners’ civil and human rights. As you know, prison gang investigators have used threats of validation and other means to get prisoners to engage in a protracted war against each other in order to serve their narrow interests. If you cannot participate in the hunger strike, then support it in principle by not eating for the first 24 hours of the strike.

I say that those of you who carry yourselves as principled human beings, no matter your housing status, must fight to right this and other egregious wrongs. Although it is “us” today – united New Afrikans, Whites, Northern and Southern Mexicans and others – it will be you all tomorrow. It is in your interests to peacefully support us in this protest today and to beware of agitators, provocateurs and obstructionists, because they are the ones who put 90 percent of us back here because they could not remain principled even within themselves.

The following demands are all similar to what is allowed in other supermax prisons (e.g. federal Florence, Colorado, Ohio and Indiana State Penitentiaries). The claim by CDCR and PBSP that implementing the practices of the federal prison system or that of other states would be a threat to safety and security are exaggerations.

This call is co-signed by D. Troxell, B-76578; T. Ashker, C-58191; S.N. Jamaa-Dewberry, C-35671; A. Castellanos, C-17275; and G. Franco, D-46556. They, along with the call’s author, Mutope Duguma (s/n James Crawford, C-35671), can be contacted by writing to them at PBSP-SHU, P.O. Box 7500, Crescent City CA 95532.

Hunger strikers’ five core demands

Prisoners in the Pelican Bay State Prison Security Housing Unit D-Facility Corridor will begin an indefinite hunger strike on July 1, 2011, in order to draw attention to and to peacefully protest 25 years of torture via the California Department of Corrections and Rehabilitation’s arbitrary, illegal and progressively more punitive policies and practices, as summarized in our “Formal Complaint,” which can be read at www.prisons.org/hungerstrike.htm. PBSP-SHU inmates’ hunger strike protest is to continue indefinitely until the following changes are made:

1. Individual Accountability: This is in response to PBSP’s application of “group punishment” as a means to address individual inmates’ rule violations. This includes the administration’s abusive, pretextual use of “safety and concern” to justify what are unnecessary punitive acts. This policy has been applied in the context of justifying indefinite SHU status and progressively restricting our programming and privileges.

2. Abolish the Debriefing Policy and Modify Active/Inactive Gang Status Criteria: The debriefing policy is illegal and redundant, as pointed out in the Formal Complaint on page 7, section IV-A. The active/inactive gang status criteria must be modified in order to comply with state law and applicable CDC rules and regulations – e.g., see Formal Complaint, page 7, section IV-B – as follows:

A) Cease the use of innocuous association to deny an active status.

B) Cease the use of informant and debriefer allegations of illegal gang activity to deny inactive status, unless such allegations are also supported by factual corroborating evidence, in which case CDCR and PBSP staff shall and must follow the regulations by issuing a rule violation report and affording the inmate his due process required by law.

3. Comply with U.S. Commission 2006 Recommendations Regarding an End to Long-Term Solitary Confinement: CDCR shall implement the findings and recommendations of the U.S. Commission on Safety and Abuse in America’s Prisons’ final 2006 report regarding CDCR SHU facilities as follows:

A) End Conditions of Isolation (page 14): Ensure that prisoners in SHU and ad-seg (administrative segregation) have regular meaningful contact and freedom from extreme physical deprivations that are known to cause lasting harm (pages 52-57).

B) Make Segregation a Last Resort (p. 14): Create a more productive form of confinement in the areas of allowing inmates in SHU and ad-seg the opportunity to engage in meaningful self-help treatment, work, education, religious and other productive activities relating to having a sense of being a part of the community.

C) End Long-Term Solitary Confinement: Release inmates to general prison population who have been warehoused indefinitely in SHU for the last 10 to 40 years (and counting).

D) Provide SHU Inmates Immediate Meaningful Access to:

i) adequate natural sunlight;

ii) quality health care and treatment, including the mandate of transferring all PBSP-SHU inmates with chronic health care problems to the New Folsom Medical SHU facility.

4. Provide Adequate Food: Cease the practice of denying adequate food, provide wholesome nutritional meals including special diet meals and allow inmates to purchase additional vitamin supplements.

A) PBSP staff must cease their use of food as a tool to punish SHU inmates.

B) Provide a sergeant/lieutenant to independently observe the serving of each meal, and ensure each tray has the complete issue of food on it.

C) Feed the inmates whose job it is to serve SHU meals with meals that are separate from the pans of food sent from kitchen for SHU meals.

5. Expand and Provide Constructive Programming and Privileges for Indefinite SHU Status Inmates. Examples include:

A) Expand visiting regarding amount of time and adding one day per week.

B) Allow one photo per year.

C) Allow a weekly phone call.

D) Allow two annual packages per year. Base a 30-pound package on “item” weight and not packaging and box weight.

E) Expand canteen and package items allowed. Allow us to have the items in their original packaging. The cost for cosmetics, stationary and envelopes should not count towards the max draw limit.

F) Allow more TV channels.

G) Allow TV-radio combinations or TV and a small battery operated radio.

H) Allow hobby craft items – art paper, colored pens, small pieces of colored pencils, watercolors, chalk etc.

I) Allow sweat suits and watch caps.

J) Allow wall calendars.

K) Install pull-up/dip bars on SHU yards.

L) Allow correspondence courses that require proctored exams.

For more information and ongoing updates about the hunger strike, check the California Prison Focus website,www.prisons.org/hungerstrike.htm. To reach two of the coordinators, email Ed Mead at mead@prisonart.org or Marilyn McMahon of California Prison Focus at marilyn@prisons.org.