Federal Prisons

Morsi is widely considered “Egypt’s first democratically elected president.” Prior to the elections in 2012 the country was led by an elected parliament and an unelected President, Hosni Mubarak, a former general who took power after the assassination of his predecessor in 1981. But it’s important to consider what “democratically elected” really means. Democratic elections presume that the people in a country have the ability to participate freely, without coercion, and that all candidates have equal access to the voting population. Most elections in the world today do not actually represent democracy. In many countries dominated by Amerikan imperialism, there are elections, but we do not call these democratic, because it is not possible for candidates without lots of money and the backing of one imperialist interest or another to win. When democracy gets out of imperialist control and an anti-imperialist candidate does participate and win, they better have military power to back them up or they will be quickly murdered or removed by military force (see “Allende in Chile” or “Lumumba in the Congo”). We should not just assume that people participating in a balloting exercise represents democracy for the people.

There are some key political reasons why Morsi won the presidential election in 2012. Representing the Muslim Brotherhood, Morsi was well educated and spent several years getting a doctorate in the United $tates and teaching at University in the 1980s. He is certainly not one of the 40% of the Egyptian population living on less than $2 a day.(1) The Muslim Brotherhood has long been a well organized activist group, which despite being banned by the government from participating in Parliamentary elections was allowed to organize on the streets as a counterforce to progressive anti-imperialist parties that faced complete repression.(2) Demonstrating the advantage it had over other banned organizations, the Muslim Brotherhood put together the most effective electoral campaign after Mubarak fell. It is telling that the runoff in the presidential election was between Morsi and Ahmed Shafiz, the prime minister under Hosni Mubarak, and the vote was close. Essentially the election was between a representative of the status quo that had just been overthrown, and a candidate who promised to be different but represented a conservative religious organization.

The military has once again stepped in to the vacuum created by the mass protests demanding the removal of President Morsi, pretending to be defending the interests of the people. This position by the military is no surprise after Morsi, in August, stripped the military of any say in legislation and dismissed his defense minister. The military selected the leader of the Supreme Constitutional Court to serve as interim president after Morsi stepped down. Morsi still enjoys significant support among the Muslim Brotherhood in Egypt who continue to take to the streets to demand that he be freed from military prison and returned to power.

The Egyptian military actually has a long history of institutional power. In 1981, after Mubarak took power, the military expanded with the help of Amerikan aid. This aid came as a sort of bribe, as up until the 1977 peace accord Egypt had been attempting to lead an Arab resistance to Israel’s occupation of Palestine, a cause the people of Egypt continue to support to this day. Since then the military has remained one of the top receivers of U.$. military aid, second only to Israel itself, until 2001 when Afghanistan became the largest. The armed forces in Egypt used this economic power to take up significant economic endeavors entering into private business with factories, hotels and valuable real estate.(3) It is clever leadership that allows the military to divorce itself from failed leadership of Egypt time and again while acting behind the scenes to ensure that only those individuals they support, who will carry out their will, gain the presidency. This is not a democracy. And the leadership of the armed forces will continue to serve their Amerikan masters, not the will of the people, as General el-Sisi is once again claiming.

MIM(Prisons) supports the interests of the masses of Egyptian people as they ally with the interests of the world’s majority who are exploited by imperialism. We praise their ongoing activism in taking to the streets when the government is not meeting their needs. But we can learn from history that deposing one figurehead does not make for revolutionary change. Fundamental change will require an overthrow of the entire political institution in Egypt that is dependent on U.$. imperialism. And while President Nasser offered an independent road for Egypt during the anti-colonial era following WWII, true independence requires the full mobilization and participation of the masses in creating a new system based on need and not profit.

It is a truth in humyn history that those with the guns and power will not voluntarily step aside, but they will make cosmetic changes to try to fool the masses into complacency. We call on the Egyptian people, who have repeatedly demonstrated their willingness to sacrifice for the movement, not to be fooled and not to allow electoral politics to drain their momentum. The military is not on your side, and neither are any of the branches of the existing government. Seize the power you have demonstrated in the streets and build for fundamental, revolutionary change to a government that actually serves the people and not the elite.

Prisoners at New Jersey State Prison, the only maximum security facility in the state, staged a non-violent protest June 6 through 8, 2013. Initially, prisoners on the West Compound, the older part of the prison, and one of the oldest in the nation, functioning since 1830, refused to go to the mess hall for the entire day. Despite some lack of cooperation at the breakfast movement, the mess hall finally remained empty at dinner time. The next two days the modern North and South compounds of the prison joined in the protest, bringing the institution to a complete standstill.

The protest came as a consequence of several factors. First was the issue of collective punishment. The prison administrator issued an official memorandum in which he threatened to suspend recreation and privileges to entire wings of any individual prisoner who had committed a serious offense (a common occurrence on a prison that houses close to 2000 people).

Ancillary issues involved the harassment of people at the central rotunda, a place of obligatory pass for any activities, including meals, recreation, education and religious programs. The officers, with little supervision, or perhaps encouraged by supervisors, overtly harass inmates, many times without probable cause, as demanded by the Constitution of the United States, the Constitution of New Jersey, and affirmed by the 10A Code that regulates prisons in the state. Prisoners are stripped searched at the mere whim of any guard. Made up charges that lead to lock-up time are usually the result of such harassment.

The last issue that weighed on the decision to stage a non-violent protest relates to the abusive language and arbitrary searches conducted by a second shift sergeant. Sometimes, the results are outright sad and curious, i.e., the same shank found in several cells by the same sergeant.

In conclusion petty management practices, abuse of power by supervisors, lack of concern by the administrator and superintendent (supervision from an Ivory Tower), collective punishment, and indiscriminate use of lock-up as an instrument of control, led the prison community to unite as one to express their concerns.

It is important to highlight that the prison, at any given time, keeps an estimated 750 inmates on closed custody units such as 1-Left lock-up, Ad-Seg, MCU (Management Control Unit), and P.C. (Protective Custody) – a full 38% of the prison population. More than one in three prisoners are kept in solitary confinement.

Although nothing has changed as of the writing of this report, it is important to highlight that the level of unity achieved across nations and groups, the effective organization of the protest, and the fearful response by the state demonstrate the power of non-violent resistance in a corrections environment. During the demonstration the prison was militarized by SAG, the special operations response team of the DOC, hundreds of officers were summoned to work, and all administration had to report to work. It is presumable that the cost of overtime hours, and the emotional cost of an oppressive power challenged by the masses will affect the way in which future decisions are made by the administration. A group of prisoners were transferred to other facilities across the state, some others placed in solitary confinement. As it usually happens, most were not organizers of the protest.

[Logic]
Let me start with the basic structures of a Western country
Imperialism, it’s all about the money
While we moan and complain when it’s not sunny
Little kids hustle foods, tryna fill their tummy’s
And, every kid’s seen a gun, when you go to places like Iraq and Afghanistan
While kids over here think that shooting’s fun
Kids over there shoot to protect their mums
And, over here, we can’t claim real hardship
Trust me, we don’t really know what hard is
A hard life, where your family is starving
A hard life, where your family is killed by the army
A life where you’re seen as a target
A life that you wish never started
But, they got big hearts, big smiles and energy to make a change
I make music for them to play

[Hook: Big Frizzle]
I said we’ll never know
Because the places we’ve grown
Ain’t nothing like what they know
Cause we’ll never know

[Maverick Sabre]
Whoa little lad, I know you’re feeling sad
Trust me there’ll be better days you never had
The pain you face will never last
Try and say we ain’t the same, walkin’ to different paths
Why must I hate? Turn on the TV and just sit and laugh
But, that child’ll never smile, he’s lost his dad
Seein’ foreign flags fly above his mother land
He’s hearin’ gunshots like shots from your block
When he bleeds, do we not bleed the same blood?
There’s no lovin’ growin’ up as cold thugs
Imagine growin’ up where every sip of water makes you throw up
Where soldiers patrol every road, throwin’ stones
To protect your home, all alone, when there’s no-one else
So they say we ain’t relatives, cause the difference in our melanin
As hell as being relevant, fuck it all, to hell with it
This evil has been spreading it
And, even if my death comes quick
I’ll be fighting ’til the end of it

[Sample]
We live in a period where our world has both the resources,
The technology and the know-how to end world poverty.
But, unfortunately we also live in a point in time
When at no other point in history has there been so much suffering

[Hook: Big Frizzle]
Cause we’ll never know

[Akala]
Okay, let me make clear my position
I know your estate feels like shit to live in
And, watching mummy graft to stop bailiffs from ringing
Is enough to make you wanna hit the block and start slingin’
I’ve been there, no gas, no electric to the kitchen
Fridge cuts off, defrosts and starts stinkin’
Whether Gorbals in Glasgow, Mumbai or Brixton
May not be the same shit but it is the same system
But, this is Britain. As hard as some of us have it
We’re still far better off than ninety-percent of the planet
And, that is what you learn, when you get to start travelling
Unravelling the bullshit that they are babbling
So, this is for the nameless, faceless
Millions that die everyday, but don’t even get a funeral
And, we tell ourselves because where they were born
They are less worth, less intelligent or beautiful
Well, I don’t agree, they are you and me
And we are them, but we’re too blind to see
While some have everything, they ain’t got shit
And, we tell ourselves, well that’s just how it is
There ain’t enough to go around, on this abundant planet
Of course there is, it’s just that some of us are ganits
And, the habits we developed
That are so far divorced from the source
We don’t even stop to pause, at the destruction everyday
Of counts of this human family, it’s just normal insanity

[Hook: Big Frizzle]
I said we’ll never know (We’ll never know, never know)
Because the places we’ve grown (Places we’ve grown)
Ain’t nothing like what they know (Ain’t nothing like ohh-oh)
Cause we’ll never know (We’ll never know, never know, never know)

I said we’ll never know (We’ll never know, never know, never know)
Because the places we’ve grown (Places we’ve grown)
Ain’t nothing like what they know (Ain’t nothing like they know, ain’t nothing like)
Cause we’ll never know

music video for We’ll Never Know

Death row prisoners in the Adjustment Center (AC) unit at San Quentin State Prison are organized and united in planning and executing a hunger strike this summer of 2013 to protest inhumane conditions of isolation and long-term confinement of prisoners in the AC. We are also protesting:

1. The lack of law library access, exercise and yard equipment
   
2. The unfair administration and classification committee practices
   
3. The controversial and unfair practice of using inmate informants, anonymous informants and confidential information to retain prisoners in the AC for years
   
4. The unlawful and under-the-table use of labeling a prisoner as an alleged prison gang member, associate or affiliate confirmation and documents (such as 1030s, 128 A/B, staff information) to hold them in the AC as “grade B” prisoners yet treating them as SHU/Ad-Seg Grade D prisoners for an indeterminate amount of time
   
5. The unlawful practice of group punishment tactics and lockdowns
   
6. The unlawful practice of “interviewing”/forced interrogation
   
7. The illegal use and excessive practice of property restriction or property control
   
8. The degrading practice and policy of “shower shoes only,” stripping prisoners at yard in front of everyone, and not allowing prisoner to be fully dressed in state blues when going to law library
   
9. The denial of religious, hobby craft, library books and educational programs or materials
   
10. The unlawful practice of withholding, censoring, denying and returning prisoners’ mail without notification or legitimate reasons to do so
    
11. The denial of contact visits, phone calls, participation in food charity drives, nutritional items, honoring medical chronos and legal materials when prisoners haven’t done anything to merit exclusion
    
12. Lastly the excessive abuse of power and authority by the warden, his administration and staff to do as they wish with SHU/Ad-Seg prisoners in the AC.
    

[also see full text of open letter to CDCR from San Quentin strikers]

In spite of the ongoing negotiations between the Pelican Bay Human Rights movement and top CDCR administrators, the San Quentin administration is resisting any attempt to improve the plight of death row prisoners housed in the AC. Ignoring Title 15, California’s Code of Regulation for all California state prisoners, San Quentin top officials have concocted and enacted an exclusive code of regulations called the OP608 which mandates that death row prisoners are under the control of the Warden of San Quentin. It is this illegal and repressive code of regulations that AC death row prisoners are vigorously challenging as well.

The AC is a prison within a prison, housing 102 prisoners with over 90% of them being condemned prisoners. Many of us have been housed here since our arrival into the prison system as condemned men. The majority haven’t had a disciplinary infraction, and those who have exceeded the time limitations triple the maximum set to be served for them. It’s a punishment unit and a psychological torture dungeon. We hardly ever leave the unit unless it is to see a medical specialist. We eat and shit in our cells. We’re kept confined to our cells 22-24 hours a day, only to come out to yard, which is held 3 times a week for 2-3 hours, showers, which are done 3 times a week, medical sick call, and visiting.

Visits are conducted behind a dirty plexiglass window, through a 25-year-old 2-way intercom that interferes with and shares everyone’s conversations, leading everyone to shout over one another for an hour.

Prisoners here are constantly deprived, harassed, ridiculed, psychologically tortured and have our only form of communication (mail) withheld for weeks or months, both incoming and outgoing. Often times we will learn of the death/passing of a family member or friend 3 months after the fact, not allowing us to send our condolences or what we would like to have shared in our absence at their burials, causing our family and friends to worry about us, not allowing us to pay our last respects to our dearly departed. This treatment is used to intimidate and break a prisoner’s spirit, in order to have us submit and fabricate information on fellow prisoners for their release from this torturous dungeon and gain better privileges.

Our hunger strike begins July 2013 in solidarity with the national strike this summer. Our demands are fair, reasonable, and create no serious threat to the safety and security of the AC. They are all within the power and authority of the San Quentin warden to order as immediate changes without delay. These changes will create a more positive and productive environment by ensuring that prisoners be treated fairly and with human dignity.

We ask you for your support as we place our health, bodies and lives on the line in order to bring about a positive change peacefully. None of us want to die, but due to our deteriorating circumstances, having been sentenced to death and now the administration unjustly sentencing us all to an unlawful indeterminate SHU/“grade B” program, we are already suffering psychologically torturous death in the AC. Their abuse of power and authority has left us with no alternative but to place what we value most at stake, our lives, for positive change and human dignity. We would truly appreciate and welcome your support. Your help will give us strength and will nourish our starving bodies.

Here’s what you can do to support us. Write letters of support to the following addresses saying you support the Death Row Adjustment Center strikers and demand an end to the inhumane isolation and the depriving program. Ask that they honor our demands swiftly.

Warden
San Quentin State Prison
San Quentin, CA 94964

Internal Affairs CDCR
10111 Old Placerville Rd, Ste 2000
Sacramento, CA 95827

CDCR Office of the Ombudsman
1515 S Street, Room 311 South
Sacramento, CA 95811

The California State Senate Research Team
Attn: Senator Darrell Steinberg
Room 205
State Capitol
Sacramento, CA 94248

Tell them to do their job and file a motion to Judge Henderson to make sure the Inspector General and the prison medical overseer/monitor is here at SQSP from July 1 until the conclusion of the hunger strike. They should be here to make sure there’s no abuse, that no medical records or weight scale tampering is conducted by medical or prison staff and no retaliation is conducted by the administration or any of the hunger strike participants.

In Nevada, Security Threat Group (STG) and Disruptive Group (DG) designations have a formal process, so instead of attempting to STG/DG everyone they generate enemy or separate lists which are quite similar to the validation dilemma in California.

1. There are no procedural safeguards so anyone can put anyone on these lists
   
2. No investigation is conducted into the allegations
   
3. You can’t defend against any allegation
   
4. You can’t find out who the enemies/separates are because it’s all “confidential” and ergo permanent.

While reviewing my file on an unrelated matter I discovered a document: “Nevada department of prisons central monitoring status sheet” (supposed to have been removed form the file prior to my review). On this document are detailed 2 additions of enemies/seperates. Both of these additions were placed there by staff to justify my transfer last year and conceal the fact that the transfer was in retaliation for my litigation. Both of these prisoners are friends, so it has the added consequence of insuring friends are permanently separated.

MIM(Prisons) adds: It’s important that prisoners are aware of this tactic by the pigs to create false divisions between prisoners. It is in our interests to build unity, but the prisons see this unity as a threat. Separating people working together, under the guise of safety, is just another way the prisons try to stop our unified work against the criminal injustice system. The one constant (if you can get mail past the prison censors) is MIM(Prisons). If you stay in touch with us you will be in touch with the anti-imperialist movement no matter how isolated you are behind bars.

There are certain “rights” that are made into “privileges” in the Federal Bureau of Prisons (BOP): our right to adequate clothing, adequate sunlight and fresh air (outdoor rec), calorically adequate meals, and peaceful assembly.

On 17 June 2013 at United States Penitentiary in Pollock, Louisiana, in the SHU we were fed a lunch that consisted of a one-ounce spoonful of pasta and a half-ounce scoop of green beans. On every meal we are to have at least two ounces of protein (meat, peanut butter, cheese, soy, etc) according to the BOP program statement. When asked about our protein we were told to not eat if we did not like the meal. The following ensued (taken from a prison report):

“On the above date while feeding Range 1 of the Special Housing Unit (SHU), inmate [X] received the noon meal in his assigned cell. He instantly ordered staff to give him a dessert and some ‘protein.’ The range officer instructed the inmates that there was no dessert or protein. Inmate [X] started chanting ‘we want dessert, we want protein.’ Inmate [X] told all the other inmates on the range to ‘start bucking’ and ‘we need to be a group on this and not give up our trays and we will get what we want.’ He began to call to cells and other inmates by ‘nicknames’ and saying ‘come on y’all, don’t bitch up.’ Before SHU staff could exit the range, inmate [X]‘s disruptive behavior had spread throughout the range and the range above. The result of which caused a security issue due to 53 inmates covering cell windows and refusing all orders given by staff. After several attempts had been made to collect the food trays, 46 inmates complied and were placed in ’alternative clothing’ and three cells (including inmate [X]‘s cell) required an ’immediate use of force team.’ All actions taken by SHU inmates acting as a group were a direct result of inmate [X]’s disruptive actions.”

Our clothing was taken away and we were all placed in paper boxers and a paper gown. This “alternative clothing” is reserved for prisoners on suicide watch and not to be used for disciplinary purposes. Me and my cellmate (along with five other prisoners) refused to give up our clothing while the other 47 prisoners gave their clothes up. I was gassed five times, and when the gas proved ineffective I was “sting bombed” twice. A sting bomb is a bomb full of rubber bullets and “ghost pepper” gas. Our peaceful assembly was met with force.

We are all also on “disciplinary meals” which consists of two sandwiches and a half of an apple, hardly meeting our 2,200 daily calorie needs.

If everyone would have refused to give up their trays and clothing the police and administration would have had to negotiate with us. Instead, the majority folded up like lawn chairs, making our collective stand futile in the end. It pains me to say it but solidarity is dead in the feds. The sheep are ready to be sheared.

MIM(Prisons) responds: We get a lot of letters of frustration from prisoners about the lack of unity and organization among prisoners. This letter actually demonstrates a relatively high level of unity as so many prisoners joined in a spontaneous protest action. The fact that most did not stick it out is no doubt disheartening to the organizer, but this points to the potential for greater unity. Organizing is a long slow process, and it requires the background work of education and building of unity that does not happen overnight. We don’t know the back story to this incident but we urge our comrades to take lessons from these events and move forward to educate and build greater unity for the future.

Even though the rate of white voter turnout was more than twice that of New Afrikans, and some 90% of whites supported the other guy, Lumumba came out victorious.(1) All of these facts support the decision of the MXGM to focus on building a base of power within New Afrika in Jackson, Mississippi. However, elections themselves cannot be a tool for liberation or independence, and the only cases where MIM(Prisons) might promote them would be for tactical victories. This election was part of a strategic plan that MXGM released almost a year ago.

This plan states:

“The Malcolm X Grassroots Movement (MXGM) firmly believes that at this stage in the struggle for Black Liberation that the movement must be firmly committed to building and exercising what we have come to regard as ‘dual power’ – building autonomous power outside of the realm of the state (i.e. the government) in the form of People’s Assemblies and engaging electoral politics on a limited scale with the express intent of building radical voting blocks and electing candidates drawn from the ranks of the Assemblies themselves.”(2)

The idea of the oppressed nations building organizations that are independent of and not funded by the state can be a controversial issue in this country. While there is nothing illegal or inherently threatening about organizing independent from the state, Amerikans rely on repression in order to prevent the self-determination of the oppressed nations. If the oppressed nations are to break free from imperialism’s choke hold, it will threaten the luxurious lifestyles of the average Joe the plumber who lives off the wealth of oppressed nations abroad. We saw one example of this mentality among Amerikans when recent issues of Under Lock & Key were censored in North Carolina specifically citing as the justification the fifth point of the United Front for Peace in Prisons – Independence.

While “independence” is a fairly broad term used to define a thing in relation to another thing, “dual power” has a much more specific meaning to Marxists. Independence on its own does not constitute the establishment of “dual power.” When MXGM uses the term “dual power” they appear to really be talking about parallel strategies of community organizing and electoral politics.

The condition of dual power actually exists when there is an emerging state coming up against an existent, and dying state. This, of course, is the product of class struggle, the motive force of history. In discussing Engels’ ideas in defining what state power is, Lenin wrote:

“What does this power mainly consist of? It consists of special bodies of armed men having prisons, etc., at their command. … A standing army and police are the chief instruments of state power.”(3)

Dual, of course meaning two, would imply that you would have two different political structures with their own police, army and prisons, etc. in order to have dual power. Such a situation would mean that a civil war had begun. When Lenin first coined the term in 1917 he was speaking of the emerging Soviets of Workers’ and Soldiers’ Deputies that would seize state power later that same year.(4) Certainly this is not the condition in Mississippi today.

MXGM recognizes their electoral efforts are limited, and considers them one pillar of their strategy of building political power in the region that is separate from their work to build autonomous structures (People’s Assemblies).(2) But these People’s Assemblies are not parallel to the Soviets in 1917 or the liberated zones in China in 1948 or even the countless regions in the world today where power is held by emerging states (see Palestine, India, Colombia, the Philippines, etc).

Within the context of oppressed nation territory, there is an argument to be made for engaging in electoral politics as a step towards building one’s base. While the Lumumba campaign has a clear connection to revolutionary nationalism, it is not based in proletarian ideology. Revolutionary nationalism can come in different class forms. The lack of proletarian ideology leads them to succumb to populism. Populism threatens New Afrikan independence because of the economic pull of U.$. imperialism. With “economic development” as part of his political platform, it seems hard for Lumumba to avoid playing the role of bribing his own people with superprofits won from imperialism. This is one reason it is hard to justify supporting electoral work except to make tactical gains.

The MXGM economic program, the “third pillar” of their Jackson Plan, focuses on cooperative economics and building green economies. Such a strategy does not confront the structure of capitalism, but is a concession to petty bourgeois idealism. As long as capitalism exists people are either exploited or exploiters, so all efforts should be on exposing the need to end that system rather than white-washing it with co-ops and eco-friendly operations. There is no example in history of building new economic systems that effectively challenged capitalism without first establishing true dual power. Therefore if dual power is not feasible in our conditions, these economic strategies become reformist at best. We are better off struggling to maintain our political independence at this stage.

While running for and being elected Mayor limits Chokwe Lumumba politically, the public release of the Jackson-Kush Plan a year prior means that his landslide victory represents a majority of New Afrikans in Jackson who are at least open to the idea that political independence from Amerika is in the interests of their nation. Establishing that fact in the eyes of the New Afrikan masses is one small victory on the road to New Afrikan liberation. But electoral politics are a feeble bridge. The more people rely on it to reach liberation, the sooner it will fall out beneath them. Unless the bridge is strengthened with correct revolutionary theory, it will be doomed to leave the New Afrikan masses on the wrong side of history.

I want to express that Under Lock & Key did well in the response to Turning The Tide’s (TTT) improper misrepresentation of MIM(Prisons). TTT has no true political line and those who think differently should debate on this issue.

The petit-bourgeoisie is not only the white nation people. Anyone who posses the ideological and social behaviors or the political views that are influenced by private property interests are in fact part of the petit-bourgeoisie. In Amerikkka those whose ideological principles are on this level are part of the oppressor nation. Many TTT constituents fail under these principles.

And as for the individual claiming to have been dropped by MIM(Prisons), it sounds like that person never was attempting to build. For those who want to attack an organization that has been staunch in true struggle and who’s line is correct in many ways, needs to, as the komrade who address this issue said, investigate before hs/she has the right to speak. Komrade Soso did well in the response and TTT should engage in “righteous” criticism not some back door attack on MIM(Prisons).

MIM(Prisons) must keep their energy on educating those who want to learn. Let’s not waste energy on fictitious attacks. MIM(Prisons) has been doing revolutionary work for many many years and has proven results. As said, history will tell.

MIM(Prisons) responds: We agree with this comrade that TTT demonstrates a petit-bourgeois political line, though we must be careful with our definitions of this term. We define the petit-bourgeoisie by their relations to the means of production, as an economic status, not just ideological principles. The fundamental point of debate with TTT is around the MIM(Prisons) scientific analysis of classes in imperialist countries, concluding that the vast majority of people in these countries are part of the petit-bourgeoisie. This is not because they have political views aligning with private property interests, but rather these views stem from their economic interests.

Open letter to the Director of CDCR, the Warden of San Quentin Prison and the Captain of the Adjustment Center

San Quentin top officials have concocted and enacted an exclusive code of regulations called the IP 608 Condemned Manual, which mandates that Death Row prisoners are under the control of the warden of San Quentin Prison. Therefore, after years of the abuse of authority by Adjustment Center (A/C) committee members and unit staff and after years of filing 602s that fall on deaf ears here in the A/C, all the way up the chain of command to Sacramento, a collective group of Death Row prisoners in the A/C will be joining in the statewide non-violent, peaceful hunger strike in July 2013 to demand that the warden of San Quentin use his power of authority to bring about positive change to prisoners housed in the A/C SHU.

For years, Grade B A/C prisoners have been told Grade B is not a punishment; it’s just a “program” different from Grade A. So the warden should be able to use his power of authority to order the following immediate changes without delay:

1. The warden should immediately implement a “behavior based program” that amends the current criteria that permit a condemned prisoner to be eligible for Grade A privileges and be removed from the punitive punishment of Grade B status, basing this program on a condemned prisoner’s current good behavior and disciplinary free conduct regardless of a prisoner’s alleged gang status or validation and eliminating the under-the-table and vague indeterminate status in the A/C. The warden must order the immediate release of A/C prisoners who are not validated as alleged gang members and associates and have remained disciplinary free for years.

2. The warden must order the A/C committee to stop the controversial and unfair classification practices of using illegal inmate informants and anonymous informants and the so-called roster list of names to label prisoners gang members and associates and to stop the illegal and vague “mandatory debriefing” and vague validation process. San Quentin officials must put in place a set of standards and safeguards to protect a prisoner’s right to be free from cruel and unusual punishment
   
   1. Any information used in A/C committee decisions must be first-hand information and must be corroborated by three different independent sources;
      
   2. A/C committee must state on the record why such information is indicative of gang activity and state on the record what California laws are being broken;
      
   3. Any information used against a prisoner must be provided to the prisoner and all copies of documents, such as 1030s and 128s, and debriefing reports placed in a prisoner’s C-file must be immediately disclosed to the prisoner so he will have ample time and opportunity to contest and challenge any allegations in writing through administrative 602s and legal redress to confront his accuser or confidential source.
      
   
   
3. The warden must (a) order the end of the administrative segregation of condemned prisoners to segregated yards that have been designed to label a condemned prisoner unjustly, (b) order an end to the constant use of bogus confidential inmate informants and bogus 1030 disclosure forms to deny A/C prisoners access to Grade A status and access to the A/C group yards, and (c) order that all four group yards in the A/C be labeled “re-integrated yard 1, 2, 3 and 4” and remove the racist yard labels of “Southern/White and Northern/Black” that A/C staff and committee have used for decades to instigate racial division and segregation among prisoners of different races who would like to program and co-exist on a group yard together. Every A/C prisoner should be given group yard unless the prisoner chooses to stay in a walk-alone cage. The warden must order that all walk-alone cages have roof coverings like the cages in East Block and Carson Sections, and add a dip bar in each cage for exercise.

4. The warden should cease all group punishment tactics. Group punishments and lockdowns were designed for large-scale riots, not for alleged isolated incidents. The warden should cease the unlawful use of the interview/interrogation process and never allow the vicious attack and assault on prisoners by A/C staff just because a prisoner invokes his Fifth Amendment right to remain silent and refuses to answer questions during an interview/interrogation. This illegal policy of forced interrogations makes no sense because if staff utilize chemical agents on a prisoner, which have proven to be lethal, and attack him and then drag the prisoner into an interview/interrogation room, he will say, “I have nothing to say,” and take the Fifth. Or the prisoner might give a statement based on his fear and the fact he was brutally attacked, in which case the information would be deemed “given under duress and torture, therefore unreliable.” So the use of violence on prisoners, particularly on prisoners of color, is just an excuse and a blatant act of the worst kind of torture and racially motivated retaliation. Also, the administration should cease passing out “interview questionnaires” to prisoners after an alleged isolated incident because the informants read these questionnaires and re-word them and use them as first-hand information when the informants did not get the information from a prisoner but directly from a prison official. Simply put, these forms describing the incident are only done so rat inmates can exploit these incidents for gain by giving staff bogus and false statements to be used on 1030 disclosure forms and be rewarded by obtaining Grade A and other privileges and favors.

5. The warden should order the end to the degrading policy of stripping out A/C prisoners outside during yard recall, violating Title 15, Section 3287(4)(8), which partly states that “all such inspections shall be conducted in a professional manner which avoids embarrassment or indignity to the inmate. Whenever possible, unclothed body inspections of inmates shall be conducted outside the view of others.” Stripping out in the cold and rain is inhumane, and it’s time for this policy to stop. The warden should allow A/C prisoners to wear tennis shoes or state shoes on all escorts, especially in the rain, to visits and medical escorts, and put an end to the “shower shoes only” policy and allow A/C prisoners to be fully dressed in state blues when going to the law library.

6. The warden should order that the third watch sergeant return the scheduling of A/C prisoners for SHU law library to the SHU law librarian clerk and start utilizing all available SHU law holding cells so Death Row prisoners can do important research at least three to four times a month. A lot of prisoners are being denied access to SHU law library on a regular basis. The third watch sergeant should be ordered by the warden to end the practice of putting dinner food on paper trays to sit on the bed in the cell while prisoners are at law library as this practice is unsanitary and eating cold food is unhealthy.

7. The warden should order the end of excessive use of property restrictions. No other CDCR prison in the state of California uses property restriction as a punishment and it’s only done in extreme cases. Title 15 mandates no longer than 90 days. The excessive use of property restriction punishment in the A/C is based on nothing more than A/C committee members’ abuse of power and authority and is never based on a prisoner’s behavior.

8. The warden of San Quentin should use the power of his authority to expand A/C Grade B privileges for prisoners housed in the A/C through no fault of their own and who have remained disciplinary free for years.
   
   1. Allow contact visits with family, friends and attorneys, or allow 2.5-hour non-contact visits in Booths A-l, A-2 and A-3 in the visiting room.
      
   2. Allow two phone calls per month.
      
   3. Allow hobby and educational programs for the A/C.
      
   4. Allow more educational channels like the Discovery Channel, the History Channel and National Geographic.
      
   5. Allow $110.00 canteen draw a month.
      
   6. Allow four food packages a year or two food packages and two nutritional packages of vitamin supplements and protein meal supplements from approved vendors.
      
   7. Allow A/C prisoners to participate in the food charity drives.
      
   8. Allow 10-book limit in cell, not to include any legal or religious books.
      
   9. Allow A/C prisoners to purchase white boxer underwear, T-shirts, socks and thermals from approved vendors at least four times a year (each quarter).
      
   10. Allow clear headphones, non-clear earbuds and headphone extension for TVs and radios or leave speakers connected in TVs and radios.
       
   11. Order the return of exercise equipment on the group yards, return the basketball court and the pull up bars, and add dip bars and a table and provide group yard activity items such as basketballs, handballs, board games and cards.
       
   
   
9. The warden should order that all medical chronos issued and approved by the chief medical doctor be honored and order all A/C staff not to interfere with the medical needs of prisoners. Custody staff should have no say-so in medical needs of prisoners. If the medical needs of a prisoner cannot be met in the A/C, then the prisoner should be housed in a unit where his medical needs can be accommodated. The A/C unit staff must not be permitted to impose unjust punishments upon prisoners who have a proven need for medical appliances. When it is deemed medically imperative for modified cuffs, staff puts the prisoner on leg restraints claiming “safety and security,” when in fact it is an attempt to discourage prisoners from seeking medical appliances by punishing them with unnecessary, painful, degrading and excessive mechanical restraints.

10. Order the Institutional Gang Investigation (IGI) unit to stop the harassment of interfering with A/C prisoners’ mail. Incoming mail has been denied and held by IGI under the excuse of “promoting gang activity” with no further explanation of exactly what constitutes “promoting gang activity”! Many times incoming mail takes anywhere from 20 to 40 days from the postmarked date on the letter to reach prisoners in the A/C. Legal mail has been taking far too long to reach A/C prisoners, and it should be passed out with regular mail call at 3 p.m. so that prisoners can have plenty of time to respond to their attorneys by the 9 p.m. mail pick-up.

    All of these issues are fair and reasonable and create no serious threats to the safety and security of the A/C but can only create a more positive and productive environment in the A/C for prisoners who have been put in a punishment situation with no disciplinary write-ups for years. We ask that the warden of San Quentin and the captain of the A/C look into these issues as soon as possible.

    Thank you.

    Main A/C Representatives: Smokey Fuiava, E-35592, 2AC56; Richard Penunuri, T-06637, 3AC55; Billy Johnson, F-35047, 2AC51; Todd Givens, V-42482, 3AC52; Marco Antonio Topete, AK-7990, 1AC12; Cuitlatuac Rivera, T-35975, 2AC67 Body of Representatives: Bobby Lopez, K-76100,1AC16; Reynaldo Ayala, E-10000, 2AC59; James Trujeque, K-76701, 3AC13; Mike Lamb, G-30969, 2AC1; Hector Ayala, E-38703, 3AC4; Marty Drews, C-88058, 3AC2

We have one small victory on the censorship front on admission that ULK is not on a restricted distribution list and subscriptions will be delivered. Though this was issued in January, one issue still never arrived. That is being grieved. Aside from that a recent ULK subscriber received a Prison Legal News “survey” concerning censorship which appeared to be a precursor to litigation against the NDOC by PLN concerning censorship.

The principle problem which we encounter now is unofficial censorship, such as mail being withheld/not delivered without notice, mail being returned without notice (such as happened with ULK) and not stamping the received date on our mail, which is then not delivered on time.

In one extreme example, a kid got a letter form his family who had not been able to locate him for a couple of years because all of his incoming/outgoing mail to family had “disappeared” and they were just recently able to locate him. Apparently officials wouldn’t explain why or where he was.

MIM(Prisons) adds: This comrade is on top of fighting censorship in his prison, and provides a good example for others who are experiencing similar problems. We need everyone to grieve censorship whenever it happens, pursue all administrative remedies, and attempt to contact outside organizations that might also be fighting censorship or willing to help with a lawsuit. If you have experienced censorship in your prison, write to us for a guide to fighting censorship, and be sure to report all mail (both received and rejected) to us so that we can accurate track censorship.