[Ppnews] Tortured SHU Prisoners Speak Out: Strike to Resume September 26
Political Prisoner News
ppnews at freedomarchives.org
Thu Sep 22 20:43:53 EDT 2011
Tortured SHU Prisoners Speak Out: Strike to Resume September 26
For the past 10-40 years thousands of California
prisoners have been confined in CDC-SHU units
indefinitely based on status [E.G., a gang label
active gang classification, based on innocuous
association activity, and allegations from
confidential inmate informants] wherein, they
have been demonized as the worst-of-the-worst, in
order to justify decades of human rights
violations including state sanctioned torture
for the purpose of breaking the prisoners, and
coercing them into becoming known informants for
the state thereby placing such prisoners, and
their families in serious danger of retribution;
as well as, the severe-permanent physical and
psychological pain and suffering to these long
term SHU prisoners and their families directly
related to CDCR-SHU policies and practices, all
of which violate U.S. Constitutional, and
international legal principles [as summarized in
the prior formal complaint and 5-core demands available online].
As of September 2011, these SHU-prisoners
continue to be subjected to CDCRs torturous
human rights violations, in spite of the July
2011 peaceful protest via hunger strike, wherein
thousands of prisoners of all races/groups united
in their effort to bring mainstream exposure and
force an end to such barbarous policies and
practices. [CDCR has responded with more
propaganda, lies, and vague double talk promises of change in time].
SHU prisoners are dissatisfied with CDCRs
response to their formal complaint and (5) core
demands, and therefore will continue to resist
via peaceful protest indefinitely, until actual
changes are implemented as summarized below.Â
1. The Formal Complaint and Five (5) Core Demands
Beginning Feb. 5, 2010, dozens of PBSP-SHU
prisoners and their family members and friends
began sending copies of the formal complaint to
numerous law makers, CDCR Secretary Cate, and to
many organizations. CDCRs response was,..file
and inmate appeal. In May 2011, the formal
complaint, notice of hunger strike for July 01,
2011, and Five(5) core demands, were served on
CDCR Sec. Cate, and Warden Lewis. There was no
response
[notably, these documents were all posted on-line in March 2011].
2. The July 1st Hunger Strike and CDCRs Response(s)
The H.S. began on July 1st at PBSP-SHU, and
quickly spread to other prisons- at one point
more than 6,600 prisoners participated at
thirteen (13) prisons across the state!Â
On July 14, 2011, CDCR Undersecretary Kernan
spoke to the inmate representatives via phone
conference, promising them that the (5) core
demands would be addressed, with positive changes
occurring over time. The reps asked Kerman to put
details of the changes on paper for their review.
On July 15, 2011, the reps received the documents
provided by Kernan and determined the documents
were not satisfactory because they were very
vague and did not specify any changes of
substance in relation to the (5) core demands.
On July 20th, Kernan and additional CDCR
administrators met with the inmate reps in the
PSB-SHU parole board hearing room. Kernan made
more assurances about positive changes to SHU
policies being in the works, and stated he would
meet with the reps again in a couple of weeks in
order to provide specifics as to each of the (5)
core demands re: changes and progress made. As
well as agreeing that, other than adding an extra
day of visiting each week
the rest of the demands
on (#5) re: programs/privileges, were reasonable
and would be granted, as a show of good-faith on CDCRs part.
All of the reps (14) then met and discussed the
proposals from Kernan, and then decided to
temporarily suspend the H.S., in order to give
CDCR a couple of weeks grace period to keep
their word on the (5) core demands [per Kernans request and assurances].
On August 19th, Kernan and other CDCR
Administrators, met with the reps again, to
follow up on the July 20th assurances re:
specifically addressing the (5) core demands in detail.
Kernan did not have anything on paper to
specifically address any of the (5) core demands.
The meeting consisted of Kernans words in very
vague, general terms, about CDCR staff working to
come up with some type of step down program for
inmates to get out of SHU, which does not require
debriefing- informant status- and Warden Lewis
stating (SHU) inmates would soon be allowed to
purchase sweat suits, and have the use of a handball on the yard.
All of the reps (14) then met and discussed the
proposals from Kernan, and then decided to
temporarily suspend the H.S., in order to give
CDCR a couple of weeks grace period to keep
their word on the (5) core demands [per Kernans request and assurances].
On August 19th, Kernan and other CDCR
Administrators, met with the reps again, to
follow up on the July 20th assurances re:
specifically addressing the (5) core demands in detail.
Kernan did not have anything on paper to
specifically address any of the (5) core demands.
The meeting consisted of Kernans words in very
vague, general terms, about CDCR staff working to
come up with some type of step down program for
inmates to get out of SHU, which does not require
debriefing- informant status- and Warden Lewis
stating (SHU) inmates would soon be allowed to
purchase sweat suits, and have the use of a handball on the yard.
The reps pointed out that Kernans verbal, vague
presentation was not what was agreed to on July
20th. Kernan responded that a step down program
will be operational by the end of this year, or early next year.
The reps asked for specific details to be
provided on paper to all SHU sections so all
inmates can have something tangible in their
hands. And Kernan eventually agreed to begin
providing this documentation within (2) weeks.
Instead, on Sept. 02, a memo dated Aug. 25th,
entitled gang mg. proposal was only issued to the
(4) principle reps; this document is again,
extremely vague and general. It is not adequate nor acceptable!
On Aug. 23rd, Kernan appeared before the Calif.
Assembly Public Safety Comm., to answer questions
re: SHU policies and practices, that were exposed
to the world via the H.S
.according to the
transcript of this Aug. 23rd hearing, Kernan was
very vague, general, non-responsive, and focused
on propagating CDCRs out right lies about PBSP
SHU policies, and the inmates subject to the torture therein examples are;
a. The courts have found PBSP-SHU policies meet
constitutional standards. [This is false- see
e.g.,Madrid v. Gomez 889 F. Sup. 1146, at 1270,
fn 217; see also, Griffin v. Gomez; Lira v. Cate,
[cases cited in formal complaint!]. And, Chambers
v. Florida, 309, U.S. 227, at 237-328 [1940].
b. SHU houses (3,000) gang generals, who spend
24/7 engaging in gang-activity which threatens
prison and public safety; and, we need to isolate
them in harsh conditions, to prevent them from
ordering other inmates to kill staff on sight,
etc, etc, etc. [This is also false, There are no
rule violation reports/or criminal charges to support this claim!]
c. When asked directly by the Assembly if
debriefing places the inmate and his family in
danger? Kernan failed to answer! Notably Kernan
stated that one certainty is CDCRs plan to
expand the number of prisoners subject to
solitary confinement torture, by applying the
policies and practices currently reserved for
some suspected gang affiliates, to encompass all
inmates categorized as party to any type of
disruptive group[1] [e.g., the tens of
thousands of street gang affiliates in CDCR
prisons]; as well as, CDCRs intent to continue
to rely on information from debriefing inmates,
to keep other inmates in SHU indefinitely!!
On Aug. 31st, PBSP-SHU staff issued (4) memos,
addressing the allowance of the following;
handballs on the yard; ability to purchase sweat
suits; and, with (1) year free of disciplinary
action and committee approval, the ability to get
a yearly photo taken and purchase art pens and
drawing paper from the prison canteen. [While
said memos were being passed out, a Sgt. Was
loudly telling staff to start writing up all
prisoners for any type of reason they can think
of, in order to prevent prisoners from getting their newly won privileges!]
3. SHU Prisoners Dissatisfaction with CDCRs
Response to the Formal Complaint and Five (5) Core Demands;
PBSP-SHU inmates have considered all facts and
circumstances, summarized above, and remain
united in our dissatisfaction with CDCRs lack of
specific substantive action on our (5) core
demands. Our dissatisfactions are summarized below;
d. Re: Core Demands #1-3
Our problem with CDCRs response to core demands #1, 2, and 3 is this
#1. We remain in (SHU) indefinitely, deprived of
our basic human rights based on illegal
policies and practices, that amount to torture;
torture of us, as well as our family members and
loved ones on the outside. CDCR remains in
denial, and continues to propagate the lies re:
worst-of-the-worst 3000 gang generals, etc.
in order to dehumanize/demonize us, so as to
maintain the status quo, and continue to hammer
us [per Sec. Cates press statement earlier this
year], and subject us to harsh conditions [per
Kernans Aug. 23rd testimony]. These terms
hammer and harsh conditions, are used in
place of the word torture and the fact is,
CDCRs intent is to break us down, and coerce us
into becoming state informants! A violation of
international treaty law-period!! This is not acceptable!
CDCR has failed to produce any documentation re:
details of how their so called step-down
program will work, who it will apply to,
exceptions-exclusions etc.; and our problem
is,
step down from what? When someone has been
in (SHU) deprived of normal human contact-
especially the lack of any physical contact with
family/loved ones, for 10-40 years [based on a
label without being charged and found guilty of
illegal gang activity]; yet CDCR is dragging it
out, coming with nothing but words, and vague
proposals,
which indicate we will have to
remain in (SHU), jumping thru a bunch of CDCRs
security hoops, to advance through
steps
inspite of (3 to 25+) years free of any serious rule violations!
Plus, were certain that CDCR Administrators have
no intention of ever giving most of us in PBSP
short corridor, any real chance for general population!
#2. CDCR has made clear that one certainty is,
their plan to substantially expand on the use of
solitary confinement, via targeting all
prisoners deemed disruptive groups [security
threat groups], which is defined as: 2 or more
inmates who are collectively deemed to be a
security threat e.g., all street gang
affiliates, prisoners deemed
political-revolutionary etc, etc, etc. [see also;
CCR Title 15; sec. 3000 Disruptive Behavior]
which with CDCRs history of abuse of policies
re:prison gangs in solitary confinement, its
clear, things will get worse, not better. This
new policy is a way CDCR plans to maintain their
staff and funding status quo, in response to the
Plata order to reduce prison population it
costs nearly double to house prisoners in solitary confinement!
Our position is, CDCRs plans to date, are not
acceptable, and are another example of their
intent to maintain, and expand on, solitary
confinement; and demonstrate a failure of the
entire CDCR management to make positive reforms!
And, all long term (SHU) inmates should be
released to general populations!! ASAP!!
#3. Also, the medical care problems re: core
demand #3, have not been resolved!! All PBSP-SHU
inmates suffering from chronic disease, and
denied adequate care at PBSP, due to deliberate
indifference, and efforts to coerce them to
debrief..should all be transferred to New Folsom
Medical SHU, while waiting to be released to general populations!!
e. Re: Core Demand #4
This issue concerns our poor diet, small portions
all watered down, dirty trays, etc
and has not
been fixed- in fact, its gotten worse since we
came off the hunger strike on July 20th!! This
lack of adequate nutritional food/vitamins causes
all of us to lack energy and harms our
mental/physical health which greatly increases
medical care costs! Plus, our lack of sunlight,
and related lack of vitamin D, is a problem
too..we need better food and portions, clean
trays, and ability to purchase healthy food items
and nutritional supplements ASAP!!
c. Re: Core Demand #5
There remains a problem with many of our
program/privilege examples listed on demand #5,
not being implemented [e.g., phone calls, canteen
and package issues; T.V./Radio channels; extra
visiting time- what about the ability to get
photos in visiting room, wherein c/o takes
picture of inmate and visitors thru the glass?].
And, the ones that have been implemented in
PBSP-SHU, have been done in a way that it makes
it real hard for most inmates to get a photo, or
art pens/drawing paper, because the warden has
state via memos, that inmates have to have (1)
year free of discipline, and they must first
have to go to committee to get approved
[Kearnans Aug. 29h memo to all SHU Wardens does
notsay inmates need to go to committee for these.
And, having to get sweat suits in yearly
packages, equals another 40-50 ounces of weight,
which means less food items! This weight for
non-food items takes a lot out of food amount;
then, you add all the packaging [e.g. box, etc.],
and we will end up with very little food items in
our packages [e.g. packaging (50-ounces), tennis
shoes (50-ounces), sweat pants, shirt, shorts (40
ounces), thermals (18-20 ounces), equals 158
ounces of a max weight of 480 ounces!] An easy
fix for these non-food items, is that PBSP can
return to their old policy of allowing us to
purchase all non-food items, thru special
purchase, just like we continue to do when ordering books and periodicals
In closing, to all SHU-prisoners and all our
outside supporters,[2] we wanted to let you know
[as you can see from this], that this is far from
over..and once again, hopefully for the last
time, we will be risking our lives via a peaceful
hunger strike on Sept 26, 2011 to force positive
changes. Thus, we still need your support to
contact the governor, etc, to force CDCR to make
fair and reasonable changes to their policies, and indicated here. Thank you.
Respectfully and in Solidarity,
From all PBSP SHU H.S. Reps.
Freedom Archives
522 Valencia Street
San Francisco, CA 94110
415 863-9977
www.Freedomarchives.org
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