Under Lock & Key

19 August 2013 - Today, a federal court approved the force-feeding of people who are on hunger strike in California prisons to protest torture in the form of long-term isolation and group punishment. The force-feeding itself is considered torture by many, including those who have been on hunger strike in Guantanamo Bay since February and have been suffering through force-feeding for months.

The decision in California came shortly after we posted a report from a comrade who was denied liquid supplements and collapsed on July 21 in Corcoran State Prison. Many others have collapsed since then, and the state’s behavior has made it clear that the health of prisoners has not been a concern of theirs. They apply very strict rules to how they count people as being on “hunger strike,” knowing that strikers depend on the state to report their numbers to the public, forcing them to abide by these rules that don’t allow for any electrolytes.

The state has consistently used health care as a weapon to manipulate prisoners into submission, rather than act as the custodians of health and safety that they claim to be. Now that strikers are approaching life-threatening conditions, the CDCR is acting to prevent them from exercising one of the strongest forms of protest that they have from within these isolation cells. The attention given to the situation inside California prisons right now is already unprecedented and they fear that if more prisoners die they may lose their power to torture prisoners in the future. The torture is important to them because it is what they believe to be their best tool to prevent the oppressed from fighting their oppression (the injustice system’s true purpose). The ongoing hunger strike, decades in the making, has begun to turn the tables on that idea though.

This recent report asserts that 70 of 130 prisoners currently on hunger strike have been going since July 8, 2013. There are a number of groups of prisoners in California who are ready to restart hunger strike in support of the 70 (or more) who are in it for the long haul as the struggle heightens.

In the months leading up to July 8, there was some debate about the return to the hunger strike tactic, particularly as previous attempts were aborted prematurely without any changes from the state. But those first two strikes resonated among the oppressed across the country, and particularly in California where 30,000 prisoners stood up against long-term isolation on July 8, 2013. As we approach 50 days on strike, and repeated assertions from participants that they will not stop for mere promises this time, this struggle is approaching a crucial point. To date, control units have been a fairly effective tool of repression. But if oppression breeds resistance, then even these tools of total control can be overcome. At no other point have we been closer to that goal than we are right now. Those who have and will give their lives for this struggle must not die in vain. Those 30,000 plus prisoners who supported this campaign must take every opportunity over the coming months to build, educate and organize to prepare for the next phase of this struggle. A failure to seize this moment in the prison movement will mean much more suffering for the imprisoned lumpen in the decades to come.

I’m writing to report on the hunger strike from Calipatria State Prison. Everyone here on the facility showed their support. Not all of us agreed on the tactics that some chose to pursue but nonetheless we all participated. Some people refused to go to work while others chose only not to accept food. Everyone who chose not to go to work received write ups (CDCR 115) for refusing to work and participation in security threat group (STG) activity. So now those people have STG points against them. Some guys were trying to force everyone not to work but calmer heads prevailed and they allowed people to make the choice themselves.

Out of the 850 prisoners on this yard, at least 700 participated. It only lasted for a week. The staff passed out a flyer on what can happen medically to a person who goes without food for long periods of time. They sent the nurse from door to door asking if people were alright but it didn’t get to the point where they had to start weighing people.

A lot of questions are now being asked like what did that accomplish? Although we had a high level of participation we had no one to actually explain what the strike was for or what are the goals we are trying to accomplish. Most guys just get involved because they were told to. The people who are socially conscious and politically conscious didn’t want to speak up for fear of being labeled as inciting the strike which will land you in the SHU. A lot of guys who have been down for 30 years have been broken and refuse to stand up to the administration.

All in all we here at Calipatria showed our support until next time.

MIM(Prisons) responds:First let us recognize what this comrade said about prisoners receiving STG points against them for a peaceful refusal to eat or go to work. This is what the CDCR is using to label people a Security Threat Group member and put them in torture units for years or even decades - the main thing that the strike is protesting in the first place! Such outrageous injustice should fuel the struggle for basic humyn rights in Calipatria.

Second, let’s acknowledge the amazing accomplishment of having 700 out 850 prisoners participate in a united action that was part of a planned strategic approach towards change in the interests of all prisoners. This is historic, and it is happening all over California!

That said, the masses are correct to ask, “What did this accomplish?”
This report exposes the importance of building political consciousness and educating our comrades behind bars both before and during protest actions. We must build leadership to ensure that the political message of these protests is effectively conveyed, both to those participating and to the target of our protests.

Of course, the application of leadership in such closely monitored conditions should be done cautiously as the comrades in Calipatria did. Materials like Under Lock & Key can be tools for spreading education and providing leadership. But even then we face censorship, and prisoners get written up just for possessing literature, which presumably was given to them by prison mail staff in the first place. The solutions to this are tactical questions that should be part of the sum up of the experiences in California prisons this summer. As the masses are struggling for answers, now is the time to step in and have these discussions however you can in your locality. What is the opinion of the actions? What do people think should have been done differently? How did leadership fail, and how could you build differently in the future? If you come up with universal conclusions send them to us to share, however as conditions vary over time and place, most of these conversations should be applied locally.

On the large scale we can make a few points. First, the strike was about ending conditions of torture in California prisons, in particular in the long-term isolation units (SHU, ASU, etc.). And the strike continues with almost 300 people having not eaten for over 40 days according to the CDCR, and an unknown number of others still participating who are not being counted. So the struggle continues there.

If comrades in Calipatria are asking what their one-week actions accomplished, we encourage them to look back at the agreement to end hostilities and the United Front for Peace in Prisons statement on page 2 of Under Lock & Key that were used to form a basis for the massive support seen this time around. The goals of these projects are to unite prisoners around their mutual interests as prisoners and prevent the state from pitting them against each other as a form of social control. We hope that comrades in Calipatria were inspired by the tremendous level of solidarity this author reports on. There are many ways to build on this unity through things such as study groups, health campaigns, literacy programs, and other forms of mutual support. In our own work we model such programs after the Black Panthers and Chinese Serve the People Programs, which had the purpose of providing for survival needs pending revolution.

I will be fasting this September 9. I’ve been on lockup since 2011 but I will refuse my trays from midnight to midnight Sept 9, 2013 to pay homage to the fallen brothers of the cause in Attica and everywhere else! And I will encourage other brothers to do so as well.

The pigs decided to give us showers today. They are walking each cell to the shower individually. Three pigs for one inmate, one of which is holding an assault rifle looking gun that shoots paintballs of mace. Cowards!

MIM(Prisons) responds: We commend this comrade for stepping up to the United Front for Peace in Prisons call for a solidarity demonstration on September 9th after reading only one issue of Under Lock & Key. We would not call the pigs cowards for their vast outnumbering and assault weapon use with prisoners: this is realistic fear of the power of the oppressed. Right now we don’t have the level of unity in the prisons to present more than sporadic points of resistance, but the very event this comrade mentions, the Attica uprising, demonstrates the potential power of prisoners when acting in unity. This unity is built through struggle and discussion, something that is much easier when prisoners have contact with one another. And for this reason, this active prisoner, and tens of thousands of others, are on lockup in isolation cells, being kept from contact with others so that they can not spread the dangerous ideology of unity and peace among prisoners.

We have received word from another comrade in Maryland that others are participating in this 24 hour fast on September 9th to commemorate the Attica brothers unity and organization.

On July 19th I was escorted to the medical clinic to request liquid nutrients, vitamins and proper directions on the re-feeding process after hunger strike. I was denied all requests. I was specifically told by nursing staff that CDCR officials have told all medical staff not to intervene in the on-goings of hunger strike patients until otherwise directed. I continued to request said items during daily nurse/medical rounds for the days leading up to July 21st only to be denied with some sort of unprofessional response.

On July 21, during my allotted rec time my body shut down. I fell, hitting my head on the concrete and knocking myself unconscious for at least two minutes. I was brought to the emergency prison hospital and once again provided with inadequate medical care. After blood/urine/vitals samples and testing I was told there was the possibility of death if I were to continue hunger strike for 24 hours. I obviously requested liquid nutrients/vitamins/etc. And I was denied. I was told by the doctor that CDCR officials are not letting med staff intervene in hunger strike participants and was told to go back to cell with no medical help.

[In response to the article MIM(Prisons) printed about the Martinez hunger strike demands, calling on prisoners there not to isolate the “mental health” prisoners from the “non-mental health” prisoners, we received the following update and clarification.]

Maybe we were not clear on the housing of mental health prisoners here in Ad-Seg. Our point is that there is an entire module for mental health prisoners where they can get help for their issues with trained staff. There is no mental health staff stationed in Ad-Seg, and no groups or therapy for prisoners. Bottom line is, mental health prisoners should not be housed in Ad-Seg on the whims of classification unit. Yes these guys are a headache to have in Ad-Seg, but more importantly they receive no help and deteriorate further by being warehoused in Ad-Seg. We are not trying to cause division in the prison population.

There are 53 inmates housed in Ad-Seg here. 13 prisoners did a 24 hour support strike while 5 of us continued for 6 to 12 days. We continue to support all those still on strike. Our strike is suspended, not stopped. If we do not continue to move forward in our demands or we come to a place in time when it is warranted, then we will continue our strike.

MIM(Prisons) responds: This letter addresses our criticism of the demand by MDF prisoners to “immediately cease and desist the unconstitutional custom, practice and unofficial policy of improperly housing inmates with mental health issues among the non-mental-health-status Ad-Seg detainees” as unnecessarily divisive. The original demand complained of the disruptive behaviors from the mental health prisoners but did not mention the lack of treatment options for these individuals. If conditions are better in the mental health module, it would be an improvement for these individuals to escape Ad-Seg and be placed there. However, the “treatment” for people with mental health problems in the United $tates is, at best, a targeting of the symptoms, and at worst leaves people either physically or medically restrained in a drug-induced stupor.

Mental illness in prisoners can often be linked to the conditions in which they are housed, especially long-term isolation. So we are naturally skeptical of any treatment offered by those same captors who insist on locking people up in conditions that induce the health problems in the first place. But we appreciate the additional explanation that the MDF prisoners did not intend the demand for mental health prisoners to be divisive but rather targeted treatment for these individuals. We hope they will consider carefully the wording of such demands in the future.

In the short term, we know that capitalism will continue to produce new cases of mental illness which can not be successfully treated until we address the problems of a society that generates these illnesses. We look to China under Mao for an example of successful treatment of mental health conditions by addressing both the immediate problems and the systemic roots of these conditions.

Meanwhile, the comrades in Martinez are not the only ones on suspended hunger strike. A number of comrades have reported a willingness to restart in support of the five core demands as the struggle heightens.

Recently a report was released by the U.$. Department of Justice - Civil Rights Division. The report concerned a survey conducted relating to sexual assaults and abuse taking place in Amerikan prisons and jails. The state of Texas was at the very top in terms of sexual assaults and abuse reported by prisoners. In fact, the Bill Clements unit located in Amarillo, Texas and the Mark Stiles unit located in Beaumont, Texas rated high in prison rape cases as well as sexual assaults. There has been no evidence to suggest the Texas Department of Criminal Justice is overly concerned about the persynal welfare and safety of the humyn beings held captive in their modern day gulags. Recent evidence shows the blatant disregard for humyn life in Texas prisons.

In Kennedy, Texas where the Connally Unit is located. A drought has caused 2 of the 10 water wells servicing the area to dry up. In a sign of extreme stupidity the warden of Connally Unit offered the water wells servicing the prison to the civilian population in Kennedy!

Some viewed this as an admirable gesture of good will. Although no one stopped to think about the prisoners housed at Connally. In Mid-August there have been reports of no-showers, no-toilet flushes, no-water being offered to prisoners on the unit. What the hell was the warden thinking? That’s the point comrades, the oppressors down here don’t think. A prisoner in Texas is less than humyn, a barn animal, cattle, chattel, dog or cat but far from being viewed as humyn.

This is why political and legal education is so very important for the lumpen underclass housed in Texas state prison. We cannot organize against these oppressors if we don’t embrace the stage we are in. Cutting edge revolutionary scientific analysis tells us we are at the stage of A) Educate B) Raise awareness and consciousness and C) Garner public support for our struggle!

If the U.$. Department of Justice knows Texas allows the abuse of prisoners, what do they intend to do about it? A fancy report doesn’t do jack to solve the problem. We need tangible realistic solutions. We must lobby hard for these oppressors to be held accountable. This executive director Brad Livingston?! Out! This Prison Rape Elimnation Act Ombudsman Ralph Bales?! Out! This Warden on Connally Unit who has ignored the basic needs of the humyn beings in her/his care? Out! And add some civil rights violations and criminal charges to their resume and perchance they will take their job more seriously.

As always I encourage all comrades in Texas and beyond to join USW in order to learn how to remove the boot of the oppressor from your neck!

Imperialism;
you are the highest elevation of capitalism,
you are the cause, and the source of all racism,
you murdered egalitarianism, communism
and gave birth to this oppressive machanism
called prison.
Imperialism;
you built and bought the slave ship Jesus,
that brought my innocent ancestors into slavery.
You hired the guns that assassinated bravery,
you paid for the ropes that lynched knowledge
and courage,
you are the main cause of all our sufferage.
Imperialism;
you have caused slaves to become overseers,
local representatives of the oppressor,
by placing the needles in the veins of our
so-called niggero brothers and sisters.
Imperialism;
you created the miseducation that keeps us blind,
and the mis-justice that keeps us confined.
You created poverty;
and when you created poverty, you created crime.
You locked up our bodies when you locked up our minds
and I’m not just making up excuses.
I’m a clock, best believe, I know the time.
Imperialism;
your agenda may be instilled in our every move,
your ideals may be in every thing we learn and know,
show and prove,
your hands may be in every aspect of our lives,
your blood may be in every one of our husbands
or wives,
your products may be in everything we consume,
but none of this will stop or prevent your doom.
Imperialism;
Your tel-a-lie-vision, weapon of mass distraction
and destruction is evil,
but no amount of lies and weapons can defeat
the fighting spirit of the lumpen proles - the people.
Egalitarianism, communism will rule Supreme,
you may win the fight, but the war you will not win.
Once red and blue, black white brown and yellow
unite under MIM, United Struggle from Within
Imperialism;
you already know, you are the ultimate sin.

Here’s a gun now shoot that
bum. Now here’s another senseless
crime. Death by ignorance. We
continue to kill for colors and blocks,
drugs and shoes. But not the
imperialist fools who really own
the hoods and goods. Black on
Black, white on black. Damn who’s
my friend and who’s my foe.
In prison they say strip and dip
to check our ass holes. But we so stupid
for not choking this asshole for
taking our freedom. Death, death
death all around me. Drugs and
guns. AIDs ain’t fun. Money is
low so I rob a store. Dumb
fuck now you locked up and
still broke as a joke and sprung
on coke. Join the party and take a
stand for your rights. Be a sport
and support a righteous cause,
a Maoist cause. Struggle is a
must, to rid the dust of the
imperialist fuss. So catch a tune
an’ bring these united snakes to
doom. Let’s break free the enslavement
and get back our sanity.
Let’s shout for the communist
movement and stand up to
fight. The cold punches of the
racist pigs you dig, fight or
flight.

As day 30 of our hunger strike comes to an end with nothing being resolved it was good to hear that our plight is being heard and shared out there. Also it strengthens us to hear all the b.s. that our captors are doing just to discourage us. Yet, many of us have learned from prior experience that they would stop at nothing to quiet down our movement. Despite it all we continue with it all.

The recent update is that close to 50 remain and almost all of us, except a small number, have gone “man down” and taken to be placed on IV support in the infirmary here. Only to be brought back a few hours later, feeling a little better and continuing on (in agony) on hunger strike. Though we’ve received promises of change, we have yet to see anything on paper. Until then we shall continue, I just hope no more have to perish because these captors refuse to be human.

Editor: Clearly there is nothing in these new rules that could be considered an advance for the plight of California prisoners who face torture (and the threat of torture) in the Security Housing Units. We print this for informational purposes for those facing this repression and hoping to understand it better.

This is in regards to “the new rules for deciding who is a gang member or associate and whether those prisoners are placed in a Security Housing Unit.”

Prisoners in California: you must request and insure that your institution makes the new rules concerning “gang validation” available to every prisoner as they are not currently making them so. In the meantime if you wish to receive them independent of CDCR, then you can request them directly from the California ‘Prison Law Office.’ You should also request the new ‘Pilot Program Memorandum’ concerning the new validation process as this has also not been made available to many prisoners. You can also request the newly revised criteria for the ‘Step Down Porgram’ (SDP) as the Title 15 California Code of Regulations has not yet been changed to reflect these changes. “The new rules are being phased in between October 2012 and summer 2013 and will be in effect at all CDCR prisons. The pilot program will last for two years while the CDCR evaluates whether it is”effective.”

What are the main changes under the Pilot program?

1. The validation and housing rules now refer to a broader category of “security threat groups” STG which includes prison gangs, disruptive and/or street gangs;
   
2. When validating prisoners as STG affiliates, the CDCR will continue to take into account similar types of “source items” as under prior gang validation rules. However, there is a new “point” system by which different sources carry different weights. There must be three source items adding up to at least 10 points to validate a prisoner as a STG affiliate, replacing the old rule that just required three source items. To be current, evidence of STG behavior must have occurred within the previous four years.
   
3. STG behavior or possession of STG contraband are now listed as administrative rules violations. STG related directing, controlling, disruptive or violent behavior is a serious rule violation. STG behavior is that which promotes, furthers or assists a STG. There is a matrix setting forth the consequences of STG related rule violations on housing and program status for validated STG affiliates or former affiliates.
   

“According to CDCR headquarters staff, the DRB (Departmental Review Board) reviews will be conducted at each prison and prisoners can attend their review hearings. The reviews have already started, but it is not known how long it will take to complete review of approximately 3000 prisoners who were validated as gang affiliates prior to October 2012. Although there are no rules regarding when current SHU prisoners will be reviewed, it appears that the CDCR is starting with the associates who have been in the SHU the longest.

“Prisoners who are released from SHU as a result of the case-by-case DRB reviews (or who were released from SHU under the old rules for inactive gang members) can be placed in SDP for confirmed STG behavior, for getting one serious STG-related rule violation, or for getting two STG-related administrative rule violations within a 12 month period. Prisoners can also be sent to the SDP based on newly received information from other law enforcement agencies or from outside CDCR’s jurisdiction; the STG behavior must have occurred within the last four years and the source information must total at least 10 additional validation score points.

“Validated prisoners who were already serving indeterminate SHU terms prior to the enactment of the pilot program will not be re-validated under the new process and criteria. Instead each of those prisoners will be reviewed by the DRB to determine if the prisoner will remain in or be released from the SHU.”

What are the criteria for validating prisoners as STG affiliates under the pilot program?

“Validation as either a member or an associate requires at least three independent source items with a combined weighted value of 10 points or greater coupled with information/activity indicative of membership or association. At least one of the source items must be a direct link to a current or former validated STG member or associate, or to a person who was validated within six months of the activity described in the source item.

“The types of validation source items that can be considered are the same as those used by the CDCR in the past. However, the different assigned so that some items are weighted more heavily than others. The points assigned more heavily than others. The points assigned to the various categories are as follows:

“Two points: symbols e.g., hand signs, graffiti, distinctive clothing), written materials that are not in the personal possession of the prisoner (e.g. membership or enemy lists, constitutions, codes, training material)
Three points: association with validated STG affiliates information information, debriefing reports
Four points: written materials that are in personal possession of the prisoner, photos that are no more than four years old, CDCR staff observations, information form other agencies, visitors known to promote or assist STG activities, communications (e.g. phone conversations, mail, notes)
Five points: self admissions
Six points: crimes committed for the benefit, at direction or in association with an STG, tattoos or body markings
Seven points: official legal documents showing STG conduct”

What is the process for validating prisoners as STG affiliates under the pilot program?

“The process for validation under the pilot program is quite similar to the CDCR’s previous validations process, although the titles of some of the staff and the names of the forms have been changed.”

Where are validated STG affiliates housed?

“Under the pilot program, some STG affiliates must be placed in the Step Down Program which generally requires placement in SHU. However, some STG affiliates can remain in the general population. Where the validated prisoner is housed will depend on the level of STG involvement and/or the prisoner’s behavior:

“An STG-1 member will be placed in the SDP

“An STG-1 associate will be placed into the SDP if any of the validation source items involve serious rule violations for STG behavior that are SHU-able offenses.

“An STG-II member or associate will be placed into the SDP if at least two of the validation source items involve serious rule violations for STG behavior that are SHU-able offenses. Otherwise, and STG II member or associate shall be housed in the general population or other appropriate housing (This also applies to the previous STG-1 definition)

“And STG-II member or associate will be sent to the SDP if found guilty of two STG related rule violations which are SHU-able offenses per 15 CCR 3341.5 (c) (9). Prisoners can also be moved to higher validation levels based on newly received information from other law enforcement agencies or from outside CDCR’s jurisdiction; the STG behavior must have occurred within the last four years and the source information must total at least 10 additional validation score points.

“Once a prisoner is in the SDP he/she must complete four steps to return to non-segregated housing. However, a prisoner does not need to acknowledge or admit to being an STG-affiliate”

Can validated STG affiliates debrief?

“…Prisoners who are validated as STG-II affiliates can debrief while they are in the SDP, although they may also be allowed to debrief if they are housed elsewhere such as in general population or a regular SHU. The procedures for debriefing are somewhat similar to those under CDCR’s previous rules in 15 CDCR 3378.1 through 3378.3. One important difference is that there is no longer a requirement that a debriefing prisoner serve an observation period prior to being in the Transitional Housing Unit (THU).

Note: “In a recent court case, a court held that a jailhouse lawyer’s possession of a validated gang associate’s chronos for use in preparing legal documents could not serve as validation source item. Since CDCR rules say that prisoners can possess other prisoners documents to assist them with legal work. Because none of the other source items in the validation packet provided a direct link to gang members, the court vacated the validation and ordered the CDCR to release the prisoner from segregation.” See: In re Villa (2012) 209 Cal. App. 4th 838 (a de-publication request and consideration for review are pending as of 12/17/12)

The aforementioned new criteria and rules and regulations as listed here is in no way comprehensive, but is merely the most pertinent to the prisoner population. For a more comprehensive copy of the new STG validation, placement and debriefing memo get at your MAC reps and make them do their jobs! or do it yourself and request these documents from the administration at your prison or write the prison law office at:

Prison Law Office, General Delivery, San Quentin, CA 94964-0001

And once you get a copy, try to make enough copies for every building, dorm, etc. on your yard and put them somewhere everyone can see them, such as the dayroom; and spread the word!