[Ppnews] July 1 Hunger Strike at Pelican Bay State Prison

Political Prisoner News ppnews at freedomarchives.org
Thu May 19 17:32:01 EDT 2011



July 1 Hunger Strike at Pelican Bay State Prison

On July 1, 2011, between 50 and 100 prisoners at 
Pelican Bay State Prison in the Security Housing 
Unit (SHU), Corridor D, are going on an 
indefinite hunger strike.  The D corridor (also 
known as the "short" corridor) has the highest 
level of restricted incarceration in the state of 
California and among the most severe conditions 
in the united states.  The rules of their 
confinement are extremely harsh in order to force 
them to "debrief" or offer up information about 
criminal or prison gang activity of other 
prisoners.  Most inmates in the SHU are not 
members or associates of prison gangs, as the 
PBSP staff claims, and even those who are put 
their lives and the lives of their families and 
other prisoners at risk if they debrief.

Using conditions of severe mental and physical 
harm in order to force prisoners into confessing 
is torture!  Many debriefers simply make up 
information about other prisoners just to escape 
the isolation units.  This misinformation is then 
used to validate other prisoners as members or 
associates of prison gangs who in reality have 
nothing to do whatsoever with gang activity.

This widespread hunger strike has the potential 
to become the most significant event in 
California prison reform in the last 
decade.  Public support is crucial. Outside 
support work will be coordinated by California 
Prison Focus and other groups - 
<http://www.prisons.org>visit their website here!
********************************************************

Pelican Bay State Prison Security Housing Units 
Peaceful Protest Hunger Strike Starting July 1, 2011

It is important for readers to understand the 
cruelty of the policy sanctioned by the state 
that allows the CDCR to place men/women under an 
indeterminate SHU program only on the word of a 
prison informer­where there is no offense, no 
violence, nor any gang or criminal activity. Yet 
prisoners who are held in indeterminate SHU are 
held, well, indefinitely­for the rest of their 
lives in SHUs and Adjustment Centers across the 
state, and even on Death Row if validated as a gang member.

The cruelty is a protracted attack against 
prisoners, their families, friends, and all of 
their associates who are subjected to 
investigations for criminal activities. It does 
not matter if they are into crime or gang 
activity or not, the objective is to insinuate 
that they are and to cut off any relationships 
that may exist with the prisoner. The gang 
investigation officers manufacture their evidence 
by using inmate informers to create as assumption 
of crime to attack our friends and families.

The CDCR’s gang investigators understand that the 
prisoners held in solitary confinement are being 
subjected to various forms of torture and are 
nonetheless able to sustain themselves, even in 
the face of these ongoing attacks. Prisoners have 
adapted to maintain their sanity. So the gang 
investigators take it a step further, beyond the 
prison walls, where they work to intimidate by 
way of threats and other means our friends and 
families, be they children, grandparents, 
sisters, bothers, parents or whomever­people who 
are completely innocent of any gang or criminal 
activity. They intimidate and incriminate people 
across the board. They run them off in fear of 
being prosecuted for a crime that does not exist 
(other than to say they are under investigation). 
This kind of attack is not only very intimidating 
for someone who has never even had a traffic 
ticket, they are actually cruel to those dear to us.

Since 1990 prisoners have been making complaints 
against abuses by prison guards. Some of these 
abuses against PBSP-SHU prisoners were addressed 
in the Madrid case, where the court agreed that 
guards were responsible for a number of areas of 
prisoner mistreatment. Because medical treatment 
was so bad the federal court put the prisons into 
receivership and appointed a special master to 
oversee changes.[1] Many prisoners have suffered 
mental disorders as a direct result of their 
placement in the Pelican Bay State Prison 
Security Housing Units (PBSP-SHU). The 
overwhelming majority of these men had not mental 
illness prior to entering the SHU, but rather 
lost their sanity as a result of their placement 
in this facility, as a result of the long-term impact of such confinement.

The Madrid ruling was a failure. Prison guards 
either ignore the court order altogether or 
implement token rules they do not follow. Nothing 
the court did persuaded the guard staff or prison 
administration to change their abusive behavior. 
This place is a plantation or a prison colony and 
we prisoners are the slaves (a status legitimized 
by the 13th amendment to the U.S. constitution). 
The guards are free to do with us as they please. 
They have complete control of our medical care, 
mail, visits, property, supplies, law library 
access, laundry, yard, isolation, the lights in 
our cell, family, friends, lock downs, etc. This 
is an environment in which the prison guards can 
torture prisoners both physically and 
psychologically over extended periods of time. 
One such attack is the dehumanizing yet widely 
used “potty watch” which is used under false 
pretenses­not to find drugs, but to humiliate other human beings.

The actual objective or goal of all this is to 
force every indefinitely held SHU prisoner to 
“debrief” (to turn rat, snitch, turncoat, however 
you want do define it). Some SHU prisoners break 
and give their captors names just to escape the 
terrible conditions of confinement. These 
prisoners are rewarded by being placed in Special 
Need Yards (SNY) where living conditions are 
better. This has been happening since the 1990s 
and it continues today. Ninety-five percent of 
the debriefers lie in order to get out of the SHU 
and then go on to become lifetime stoolies for the cops.

The CDCR uses every trick they can to force men 
into debriefing, including every increasing 
levels of what can only be described at torture. 
But if you are innocent, or if you are a 
principled person, they force you to endure every 
hardship in an effort to break you. It is this 
ever increasing attack that has forced us 
prisoners to put aside our historical differences 
in order to address the protracted attack on our 
lives and to expose the criminal activities and 
abuses against all indeterminate SHU prisoners in 
the state of California. Effective July 1st we 
are initiating a peaceful protest by way of an 
indefinite hunger strike in which we will not eat 
until our core demands are met. This hunger 
strike will be carried on by all races, New 
Afrikans (Blacks), Mexicans (i.e. of all walks), 
whites and others who realize the we are silently 
being murdered by CDCR/CCPOAA Union as well as 
the U.S. judicial system who have turned a blind 
eye while we suffer a civil death at the hands of profiteers.

Therefore we have decided to put our fate in our 
own hands. Some of us have already suffered a 
slow, agonizing death in which the state has 
shown no compassion toward these dying prisoners. 
Rather than compassion they turn up their 
ruthlessness. No one wants to die. Yet under this 
current system of what amounts to intense 
torture, what choice do we have? If one is to die, it will be on our own terms.

Power concedes nothing without demand.

James Crowford, Mutop DuGuya (a/k/a Bow Low)


[1] According to the San Francisco Chronicle one 
prisoner a week was killed in the state’s prison system due to medical neglect.

********************************************************
OUR FIVE CORE DEMANDS:

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 [IV-A, p. 7]. 
The Active/Inactive gang status criteria must be 
modified in order to comply with state law and 
applicable CDC are rule and regulations [eg, see 
Formal Complaint, p. 7, IV-B] as follows:
             A) cease the use of innocuous 
association to deny an active status,
             B) cease the use of 
informant/debriefer allegations of illegal gang 
activity to deny inactive status, unless such 
allegations are also supported by factual 
corroborating evidence, in which case CDCR-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 US Commission 2006 Recommendations 
Regarding an End to Long-Term Solitary 
Confinement - CDCR shall implement the findings 
and recommendations of the US commission on 
safety and abuse in America's prisons final 2006 
report regarding CDCR SHU facilities as follows:
A) End Conditions of Isolation (p. 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. (pp. 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 
[Administrative Segregation] 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, and provide a 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 (2) annual packages per year. A 30 
lb. package based 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, 
envelopes, should not count towards the max draw limit]
F) More TV channels.
G) Allow TV/Radio combinations, or TV and 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.

             NOTE: The above examples of 
programs/privileges are all similar to what is 
allowed in other Supermax prisons (e.g., Federal 
Florence, Colorado, and Ohio), which supports our 
position that CDCR-PBSP staff claims that such 
are a threat to safety and security are exaggerations.

Date: April 3, 2011                 Submitted by:

                                                 Todd Ashker and Danny Troxell

                                                 On 
behalf of themselves and similarly situated participants
******************************************************************************

FORMAL COMPLAINT

To:  Whom it May Concern
From:  Pelican Bay Prison – SHU Short Corridor 
Inmates [e.g. Todd Ashker & Danny Troxell, and many others]

DATE 2011

RE: COMPLAINT ON HUMAN RIGHTS VIOLATIONS AND 
REQUEST FOR ACTION TO   END 20+ YEARS OF STATE 
SANCTIONED TORTURE TO EXTRACT INFORMATION FROM 
(OR CAUSE MENTAL ILLNESS TO)CALIFORNIA’S PELICAN 
BAY STATE PRISON – SECURITY HOUSING UNIT (SHU INMATES.

I. INTRODUCTION:

This is a formal complaint and request for action 
to end 20+ years of state sanctioned torture in 
order to extract information from (or cause 
mental illness to) California inmates 
incarcerated indefinitely in punitive isolation 
at Pelican Bay State Prison – Security Housing 
Units (PBSP-SHU),based on arbitrary policies and 
practices re: “status” of the inmates (i.e., a 
California Department of Corrections and 
Rehabilitation (CDCR gang “label”, without ever 
being charged, and found guilty of committing a 
gang related illegal act), in violation of the 
1st, 5th, 8th, and 14th Amendments of the U.S. 
Constitution and International law barring the 
use of torture and other cruel, inhumane, or 
degrading treatment or punishment as a means of 
obtaining information, coercion and/or punishment 
for acts – suspected acts committed (per U.N. 
Conventions Against Torture of 1984 – 1985).

II. PARTIES:
1.       Named Complainant(s), on behalf of 
themselves and those similarly situated – 
inmates, family members, friends, and concerned 
citizens, harmed by such policies and practices.

2.       The State of California law makers – 
including, but not limited to, Edmund Brown, 
Governor, and CDCR Secretary Mathew Cate, et al. 
(Each and all of them being on notice of said 
violations and responsible for inmate care and treatment)

III. SUMMARY OF HUMAN RIGHTS VIOLATIONS:

The CDCR has been violating the human rights of 
certain inmates for the last 10 to 35 years and 
counting via their policy and practice re: the 
arbitrary, indefinite placement of said inmates 
into punitive SHU units alleging said inmates 
“status” (i.e., a CDCR gang affiliation 
classification, which, in turn, is based on 
allegations made by confidential inmate 
information seeking and receiving special 
treatment, etc.) mandates this SHU placement for 
safety and security reasons. However, the true 
nature of such “status” based indefinite SHU 
confinement is not clear. While the arbitrary 
nature of such policy/practice is crystal clear, 
demonstrated by the fact that CDCR claims all 
validated prison gang affiliates automatically 
“pose an immediate, severe threat to the safety 
and security of all general population prison, 
other inmates and staff” solely based on this 
“status”. It is notable that most inmates who 
have been in the SHU for the last 10 to 35+ years 
have never been found guilty of committing a 
single gang-related illegal act. But the fact is 
that this “status” is actually only applied to a 
few hundred inmates, while tens of thousands of 
gang affiliates are in general population in prisons throughout the state.

This arbitrary “status” based indefinite SHU 
confinement was imposed on a few hundred inmates 
beginning in 1985 – 1986, without prior notice 
that a gang “label” was prohibited and 
sanctionable; related rules and regulations were 
not included in CDCR Cal. Code of Regulations. 
Title 15 rules book until 1999 (while prison gang 
culture goes back to the 1950’s).

The CDCR began housing these inmates in Pelican 
Bay State Prison – SHU (PBSP-SHU)in December 
1989. Said inmates have been housed in PBSP-SHU 
arbitrarily, based on this “status” for the last 
10-20 years now and their sole avenues for 
release from SHU are parole, death, mental illness, or “debriefing”.

“Debriefing” requires a SHU inmate to provide 
CDCR staff with “sufficient verifiable 
information that will adversely impact the gang, 
other gang members and associates to the extent 
that they will never accept them back”. This 
equates to a CDCR requirement that said inmates 
have the choice of remaining in SHU until death, 
mental illness, or becoming a known informant who 
has caused damage to other inmates. This makes 
the inmate (and possibly his family members) a 
target for reprisal, potentially for life
many of 
these inmates are serving “term-to-life” 
sentences, and they have been eligible for parole 
for the last 5 to 25+ years, but they are told 
that if they want a chance to parole they have to debrief – period!

The CDCR-PBSP-SHU policies and practices 
summarized violate both the U.S. Constitution and 
International law banning the use of torture and 
other cruel, inhumane, or degrading treatment or 
punishment as a means of obtaining information 
via coercion, and/or to punish for acts or 
suspected acts of misconduct as exemplified below:

A.      In December 1989, CDCR opened PBSP-SHU, 
bragging that it was meant to contain and isolate 
the prison system’s “1% worst of the worst 
inmates”; and this would make the system safer 
and easier to manage (This has proven to be false – see page 7, Note C.
B.      There has been a lot of CDCR-PBSP (and 
guard union CCPOA) propaganda generated about 
these “worst of the worst” ever since 1989 and it 
has been perpetrated by the corporate media via 
television, dramas and movies. Yet a review of 
these so – called demonized “worst of the worst” 
PBSP-SHU inmates, who are party to this 
complaint, will reveal they are actually free of 
being guilty of serious rule violations for many 
years and zero illegal gang-related acts in 
prison. Many have paroled and discharged 
parole-staying out of prison 5-10+ years, but as 
soon as they returned to CDCR they were placed back into PBSP-SHU indefinitely.
C.      Many of these inmates are those who 
utilize the legal system to challenge illegal 
CDCR policies and practices, and encourage others to do the same.
D.      For the last 10-20 years these PBSP-SHU 
inmates have been subject to the punitive 
conditions therein for arbitrarily applied 
“status” reasons, in order to coerce them into 
becoming notorious informants for the state, or 
die/suffer mental illness in SHU – examples being:

1)      Subject to 10+20 years of sensory 
deprivation via isolation and intentional 
limitations of normal human contact and social 
interaction, as much as possible.
2)      Denied physical contact with 
family/friends; no phone calls and not even able 
to have a photograph taken to send home. The 
isolated location of PBSP-SHU near the Oregon 
border, and the fact that visits are restricted 
to 1 ½ hours on the weekends behind glass equates to no visits for most.
3)      If they want out of the SHU, they have to 
provide staff with information and be willing to 
testify on other prisoners, free citizens, 
including family members that only harms others 
and this has to be known by everyone. This is a 
Catch 22 situation­by either becoming a notorious 
informant thereby placing yourself, possibly your 
family at serious risk for retaliation die or 
become mentally ill in the SHU. This is 
outrageous to family, friends and concerned 
citizens; especially given the fact that CDCR 
staff are indifferent to, and incapable of 
guaranteeing the safety of inmate informants and 
their families outside of the prison. This is 
applied to lifer parole eligibility too (i.e., 
become an informant, or do life without parole).
4)      Denied adequate medical care (this became 
more pronounced when Dr. Michael C. Sayre, became 
PBSP Chief Medical Officer in 2006, and who, with 
the complicity of several cronies e.g. M. McLean, 
Sue Risenhoover and James Flowers, et al, began 
to systematically discontinue and deny 
medication, specialist care, assistive aids by 
telling SHU inmates, “if you want better care get 
out of the SHU” and now SHU inmates are chained 
down to the floor of the clinic like animals if 
they need to see a doctor/nurse.) The Psychiatric 
Staff are complicit too claiming that “there are 
no mental health issues precluding continue SHU 
confinement”, without any personal interaction with those inmates.

5)      CDCR-PBSP staff constantly seek ways to 
make SHU more punitive for these inmates (e.g., 
most cells are freezing in winter and adequate 
clothing and head coverings are 
restricted/denied; the food portions are smaller 
– much of it inedible and it’s the same bland 
diet every day for 20+ years) No exercise 
equipment – while most prisons provide at least a 
pull-up, dip-bar in SHU units; all property 
privileges are severely restricted/denied 
(compared to most long-term isolation units 
across the U.S.(including Federal Supermax in 
Florence, Colorado). Recently all college and 
education programs have been taken away from all 
PBSP-SHU inmates. Also, “group punishment” is a 
common response to any rule violation.

All of which rises to a level which constitutes 
illegal policies that include psychological and 
physical torture for purposes of coercion and 
punishment – all based on the arbitrary “status”. 
Support for the severity of the combined 
conditions (exemplified above) is fact that many 
of these inmates have died; many have developed 
serious medical, and mental illness; and hundreds 
have elected to become “known informants” causing 
major problems to their families and many have 
victimized as a result (which CDRC is indifferent 
to), and when they are actually going through the 
“debriefing” process, if they don’t provide 
prison officials enough information on other 
prisoners and free citizens’ criminal activities 
they are told to come back when they do – forcing 
those debriefing to create and invent elaborate 
half-truth stories incriminating many
further 
endangering the de-briefer and his family.

IV. EXAMPLES OF LEGAL SUPPORT:

Complainants present the following examples of 
legal precedent in support of this complaint, and 
call for action. It is notable that California 
lawmakers and courts have been aware of these 
blatantly illegal policies and practices for 20+ 
years; however, for the most part they remain 
indifferent. Therefore, more direct action is necessary.

U.S.CONSTITUTION VIOLATIONS:
a)      1ST AND 5TH Amendments – Right to be free 
of punishment for association and/or choosing not 
to speak (see NAACP v. Claiborne Hardware Co., 
485 U.S. 866, 925 (1982); U.S. v. Safirstein, 827 
F.2d 1380, 1388 (9th cir.1987), American Arab 
Anti-discrimination v. Reno,70 F.3d 1045, 1063 
(9th cir.1995); Hydrick v. Hunter, 2006 D.J. 
D.A.R. 13181, 13186 (9th cir.2006); People v. 
Castaneda, 23 cal. 4th 743, 749 (2000) (Re: Cal. 
Supreme Court’s interpretation of Cal. Penal 
Code, Section 186.22, which is the Penal Code 
relied upon for CDCR rules re: “gang activity”. 
See: Cal. Code of Regulations, Title 15, Section 
3023 (e.g., only conviction for felonious gang 
activity is sanctionable per. Cal. Penal Code 186.22).

b)      8th Amendment – Right to be free from 
cruel and unusual punishment (e.g., not to be 
subject to serious threat or physical or mental 
harm) see: Valandingham v. Bojorquez, 866 F.2d 
1135, 1138 (9th cir.1989)(Re: “informant status” 
issue); Benefield v. McDowell, 241F.3d 1267, 1271 
(10th cir.2001); David v. Hill, 401F.Supp.2d. 
749, at page 756-57 [S.D.Tex.2005] and, U.S. v 
Basciano, 369 F. Supp. 2d 344(E.D. N.Y.2005); and 
Madrid v. Gomez, 889 F.Supp. 1146, 1229-30, 
1260-67 (N.D. Cal.1955); regarding punitive 
conditions in PBSP-SHU, and mental health issues; 
wherein the court questions the legitimacy of SHU 
punitive measures being used indefinitely on the 
inmates at issue, and the court states
”In sum, 
those incarcerated in SHU for any length of time 
are severely deprived of normal human 
contact
conditions in SHU amount to a virtual 
total deprivation, including, so far as possible, 
deprivation on human contact” (Id.,at p.1230).

The court noted
”courts have recognized SHU 
conditions, length of time and effects on mental 
health, are factors that must be considered” (Id. 
p. 1264-65) and then concludes that PBSP-SHU 
conditions were not a per se violation, “based on 
the current record” (specifically stating: the 
court “cannot speculate on effect it may have on 
inmates confined in SHU for 10,20 years or more”: 
Noting “the inmates studied in connection with 
the case had generally been in SHU for 3 years or 
less” Id.,p.1267) see also: U.C. Santa Cruz Prof. 
Craig Haney, expert psych. Studies of mental 
health issues re: “SHU Syndrome” available online 
(see U.C. Santa Cruz website).

Importantly, the Madrid court acknowledged the 
applicability of the principles covered by the 
U.S. Supreme Court in Helling v. McKinney, 509 US 
25 (1993) (Id., at p.1261. “these same standards 
will not tolerate conditions likely to make 
inmates seriously mentally ill”). The Helling 
court principle is that inmates subjected to 
unconstitutional conditions do not have to 
actually suffer physical-mental harm in order to 
obtain relief if the risk of future harm is a 
“substantial risk” the courts are supposed to provide relief.

And in the unpublished ruling USDC – N.D. cal 
#c98-21038 JW, Griffin v. Gomez, the court 
ordered CDCR PBSP-SHU to release Griffin to 
general population after finding that the 
“debriefing” requirement, and risk of serious 
mental “substantial risk(s)” to both physical and 
mental health, that when combined (per. Wilson v. 
Selter, 501 u.s.294, 304-305(1991) rose to the 
level of an 8th Amendment violation and ordered 
Griffin’s release from PBSP-SHU in 2006 (Id., 
order Granting Writ-June 28, 2006). CDCR’s 
response has been: 1) To place Griffin in the 
Administration Segregation Units, and 2) to 
transfer him to Corcoran SHU. Also see: Robinson 
v. California 370 us.660 (1962), which held
 
“punishment for ‘status’ is particularly 
obnoxious and cruel and unusual punishment.”

c)       MISCELLANEOUS: See: Madrid ruling at p. 
1241, at FN. 186 (Re: some validated gang 
affiliates not placed in SHU; also note: Cal. 
Code of Regulations, Title 15, Sections 3378(d) 
and 3378(e) re: general prison population vs. SHU 
gang affiliates eligibility for “inactive 
status”). This supports contention re: arbitrary 
nature of SHU; the fact that there are tens of 
thousands of gang affiliates in CDCR general 
prison population is well publicized in news 
stories and published general rulings. See also: 
Madrid ruling at pages 1263 at FN. 204 (re: 
contrary evidence showing a decline in CDCR 
violence starting in 1984-six years prior to 
opening PBSP-SHU. Notably an analytical study of 
CDCR violence since Madrid’s Jan. 1995 ruling 
will reveal a prison system a lot worse off since PBSP-SHU opened.)

See: U.S.D.C. – N.D. Cal #coo – 905 S.I., Lira v. 
Cate order dated 9-30-09 – “Findings of fact and 
conclusions of law” (wherein, after a court 
trial, the court held CDCR-PBSP-SHU officials 
denied Lira of procedural and substantive due 
process
including that the 180 day classification 
reviews of his continued SHU retention (mandated 
in Madrid) were meaningless (id., order at p. 3, 
40-42), and that PBSP-SHU (for 8 years) caused 
Lira serious mental illness. Such principles 
apply to all (however, very few obtain relief).

2. INTERNATIONAL VIOLATIONS

(I.e., U.N. Universal Declaration of Human 
Rights
and 1984 convention against torture and 
other cruel, inhumane or degrading treatment or 
punishment ratified by U.S.A. 1994).

Wherein the 1984 (C.A.T.) Article 1 defines, and 
criminalizes “Torture” (I.e., “any act by which 
severe pain or suffering, whether physical or 
mental, is intentionally inflicted on a person 
for such purpose as obtaining from him or a third 
person information or a confession, punishing him 
for an act he or a third person has committed or 
is suspected of having committed, or intimidating 
or coercing him or a third person,
when such pain 
or suffering is inflicted by or at the 
instigation of or with the consent acquiescence 
of Public Official or other person acting in Official Capacity”).

There are no exceptions - (Article 2) violations 
are criminal acts (Article 4). Clearly the acts 
and omissions summarized herein violate clearly 
established U.S. Constitution principles, and 
International Treaty Law (a flagrant violation of 
Article 6 of the U.S. Constitution, which affirms 
that treaty law is the “Supreme Law of the Land”).

CONCLUSION

GOOD CAUSE be demonstrated, the complainants 
request a formal investigation, official 
international condemnation of said policies and 
practices, as well as, direct action by those 
affected, as deemed warranted, just and necessary to right the wrongs.

Respectfully submitted, Todd Ashker & Danny Troxell

Todd Ashker, C58191
Box 7500 (D1-119)
Crescent City, CA 95532

Danny Troxell
Box 7500 (D1-120)
Crescent City, CA 95532

*NOTE: On February 5, 2010, the original of this 
complaint was sent to Gov. Schwarzenegger & CDCR Secretary Cate.




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