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<h1 class="title">CA Supermax Prisoners Win Right To Sue As A Class
Over Torture, Decades-Long Solitary</h1>
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<div class="submitted">Wed, 06/11/2014 - 09:20 — Glen Ford<br>
<b><small><small><a class="moz-txt-link-freetext" href="http://blackagendareport.com/content/class-action-against-torture-solitary-confinement">http://blackagendareport.com/content/class-action-against-torture-solitary-confinement</a></small></small></b><br>
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<h3>A Black Agenda Radio commentary by executive editor Glen Ford</h3>
<p>“<em><strong>The ruling will force the state to defend its draconian
policies.”</strong></em></p>
<p>Prisoners held for ten years and more in solitary confinement at
California’s infamous Pelican Bay supermax have won the right to
challenge – as a class – the constitutionality of their treatment. A
federal judge in Oakland has allowed five of the inmates to also
represent 500 others who have spent a decade in isolation, as well as
1,100 additional prisoners who are confined in solitary for supposed
gang membership. Lawyers for the Center for Constitutional Rights are
handling the class action suit. The question they are posing is simple:
Does ten years in solitary – and even longer, for dozens of inmates at
Pelican Bay – amount to unconstitutionally <u><a
href="http://solitarywatch.com/wp-content/uploads/2011/06/fact-sheet-solitary-confinement-and-the-law.pdf">cruel
and unusual</a></u> punishment?</p>
<p>Nowhere else in the world is solitary confinement practiced on
anything like the scale of the United States, where <u><a
href="http://solitarywatch.com/2012/02/01/how-many-prisoners-are-in-solitary-confinement-in-the-united-states/">80,000
men and women</a></u> are held in isolation on any given day. That’s
significantly more than the <u><a
href="http://www.idcr.org.uk/wp-content/uploads/2010/09/WPPL-9-22.pdf">total
prison populations</a></u> of France or Germany or Japan – a Solitary
Confinement Prison Nation within the vast American Gulag.</p>
<p>Any sane and moral person would agree that solitary confinement for
weeks and months, much less years and decades, is a uniquely ghastly
form of torture that rips at the essence of what makes us human. It is
the ultimate sentence of social death. The Pelican Bay inmates’ lawyers
believe the recent ruling will, for the first time, force the State of
California to defend its draconian policy on its merits. If 12 years a
slave is a horror, how should one describe 12 or 20 years of solitary
suffering? And, what do you call the people who enforce and defend such
sadistic savagery – men with such hatred for their own species that
they would torment fellow humans, endlessly?</p>
<p>“<em><strong>The jailers’ roles are identical to those of the Nazi
Gestapo.”</strong></em></p>
<p>According to <u><a
href="http://www.nytimes.com/2014/06/04/us/judges-decision-to-hear-inmates-case-threatens-practice-of-solitary-confinement.html?ref=us&_r=0">the
lawsuit</a></u>, solitary confinement, as practiced at Pelican Bay, is
such a barbarity, it “renders California an outlier in this country and
in the civilized world.” If it were not for the <u><a
href="http://truth-out.org/news/item/18649-california-prison-hunger-strike-ends-after-60-days">two
hunger strikes</a></u> staged by inmates over the last three years, the
so-called civilized world would remain blissfully ignorant of the
crimes routinely perpetrated against captive human beings by U.S. civil
servants and dues-paying members of the guards union.</p>
<p>Under the California criminal justice system, solitary confinement
is much more than just a punishment, or a security measure: it is a
process. For the 1,100 inmates in solitary at Pelican Bay because of
alleged gang associations, the process is designed to turn them into
snitches or liars who finger innocent men. Release from solitary is
possible only if one admits to gang affiliation and implicates other
inmates – who will then be put through the same process. The jailers’
roles are identical to those of the Nazi Gestapo who tortured suspected
members of the Resistance until they provided the names of their
comrades, or of people they hardly knew, who would then become part of
the same torture process.</p>
<p>Sgt. Bowe Bergdahl says he was tortured by his captors in
Afghanistan, locked alone in a cage for weeks, maybe a month. In
Guantanamo Bay, Cuba, where the prisoners exchanged for Bergdahl spent
the last 12 years, the maximum isolation time allowed at a stretch <u><a
href="http://www.un.org/apps/news/story.asp?NewsID=40097#.U5e64oVSUj4">is
30 days</a></u>. So, it seems that by both the standards of the Taliban
and Guantanamo, Pelican Bay, California, is the deepest level of Hell.</p>
<p>For Black Agenda Radio, I’m Glen Ford. On the web, go to
BlackAgendaReport.com.</p>
<p><em>BAR executive editor Glen Ford can be contacted at </em><u><a
href="mailto:Glen.Ford@BlackAgendaReport.com">Glen.Ford@BlackAgendaReport.com</a></u><em>.</em></p>
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