Under Lock & Key

I am currently at Apalachee Correctional Institution - West Unit. There are 2 units here: East Unit, which houses approx 1300 prisoners and West unit, which houses approx 875 prisoners. I have spent time in confinement at both units.

The East Unit Disciplinary Confinement (DC) segregation section consists of three dorms with 28 cells each housing two men. So it holds 168 at maximum capacity, and is always full. In DC we are on 24-hour lockdown. Showers are allowed three times a week in cold water, with approximately three minutes to wash. We receive 3-4 hours of recreation in a dog cage every Saturday after 30 days in. The size of the cage is around 15x8 feet.

The East Unit also has another dorm known as Administrative Confinement (AC). We are placed there until it is decided we go to DC or get let out. Reasons we go to AC include disciplinary reports, investigations (which can be for anything from gang involvement, to stealing from the kitchen, to disrespect staff), or “just ’cause.” There is no rec for AC and we can be there for a a month or more if it is for an investigation. The AC dorm consists of 35-40 two-man cells 8x10 feet in size.

AC at the East Unit can reach well over 100 degrees in the summer months and we are required to be in Class A uniforms until 10 pm. There is no air circulation despite the fact there is a fan at the end of the hall. The fan is against the wall so it blows no air.

We are also placed into confinement for check-ins which can last 3 weeks months.

In the West Unit, AC and DC are the same 8 x 10 feet two-man cells, housing 38 men. There is no recreation, and showers are three times a week with about five minutes to wash. We receive 1/4 of a bar of soap per week from a bar of free hotel soap. Also, we receive one roll of toilet paper for two men every 10 days. It’s supposed to be one roll per person.

MIM(Prisons) responds: This prisoner responded to our request for information about the control units in prisons across the country. In filling out the survey, this elaboration about the conditions of confinement reveals yet another set of long term isolation units that can be called nothing short of torture.

Excerpted from a longer article by this prisoner: Who Am I

As is the case with just about every young Black male/female of the inner city ghettos of the world today, I first came to prison at a very young age, via several previous stints in juvenile hall, the California Youth Authority (CYA), etc. While in prison, I began to become politically and socially conscious through my individual studies and political education classes that I was fortunate enough to be involved with while housed in the adjustment center at San Quentin State Prison, with other like-minded brothers.

Due to my various political positions that became manifest in my active participation in speaking out against, and my refusal to accept, the many social injustices/abuses that were being perpetrated by our kaptors, against the prisoner class, I became the latest target of these gestapo agents’ neo-fascist scheme of COINTELPRO [government counter intelligence program aimed at political activists such as the Black Panther Party]. In 1994, as a brotha was commemorating the historical significance of my New Afrikan Black ancestors’ legacy of struggle, that entails the elaboration of, and the redemption of all New Afrikan Black people from the subjugation of U.$. colonial slavery, I was removed from the general population mainline of New Folsom State Prison, under the spurious premise of me planning a physical assault for a prisoner that I have never met, or been around, in my entire life!

A prisoner supposedly sent me a letter through the regular U.$. mail system, and ordered me to do this physical assault. It was later proven that no such letter ever existed, and I was never found guilty of anything. But nonetheless, I was still given an indeterminate Security Housing Unit (SHU) term, based on this one source of information. A room full of informants collaborated this information to prison officials, along with the fact that I was supposedly a prison gang member. This collaborated information was coerced from these prisoners via the arbitrary threat of them being removed from the general population mainline. It has been proven that some prisoners, as some civilians of the free world, would sell you their soul to keep from being locked up, or as in this case, from being placed in the SHU indefinitely.

My validation as a prison gang member, on this one source of information, violates the California Department of Corrections and Rehabilitation’s (CDCR) own rules and regulations. In particular, CDCR Title 15 Section 3378, that states that for a prisoner to be validated as a prison gang member, there must be three independent sources of information that are proven to be reliable. My case is a concrete example of the fruit of the poisonous tree phenomena, because as the years passed on, with me now being housed in the SHU indefinitely, more and more informants have been forth to accuse me of being a prison gang member. This makes it impossible for me to be released from the SHU to a general population mainline.

But in addition to these material factors, Pelican Bay State Prison’s (PBSP) Institution Gang Investigation officers have instituted a new phase of fascism, for purposes of implicating the indeterminate SHU class of captive New Afrikan Black prisoners as allegedly being involved in gang activities, by way of the political and social commentary that we send out through the mail to people of the free communities. This practice amounts to state-sponsored persecution for our political beliefs. This phase of fascism is continuing in spite of the court having ruled that:

“PBSP - CDCR Institution Gang Investigation unit officers, have been utilizing a race-based (e.g. ‘racism’) approach to say that our political and social commentary is gang activity.”

The courts even went on to say:

“That PBSP - CDCR Institution Gang Investigation unit officers have not produced any evidence that said political and social commentary is gang related.”

Make no mistake about it, 17 years later, and the struggle still continues as a New Afrikan Black political prisoner of war!

I read the article in Under Lock & Key 22 FL Grievances Forbid Helping Others and I would like to thank the comrade in Florida for having the dedication and strength to fight against these pigs.

To my Florida comrade, I want to tell you to stay strong. Like Mao said “In times of difficulty we must not lose sight of our achievements, must see the bright future and pluck up our courage.” I’m asking all of our comrades to remain constant to fully override this oppression in all prison systems. I’m in similar conditions in the Mass DOC, I’m in a control unit serving three years with one hour free to roam around a steel cage I call a dog kennel. Not only do we suffer from isolation, prisoners here are beaten by the staff and fed cold meals. Not only do the Correctional Officers in this facility oppress us directly but they also provoke situations between other comrades to enjoy the show and watch us destroy each other.

The staff continue to steal magazines and not allow grievances to fix these problems. I for sure will continue to speak my mind regardless of the repercussions or reprisals . Until next time stay strong united and positive.

MIM(Prisons) adds: One of the important contributions of the Under Lock & Key publication is connecting prisoners across the U.$. to share information and organization. As with the recent hunger strike in California, prisoners all across the country are inspired to learn about activism and unity. Do your part to share ULK and send donations to help with the cost of printing and mailing.

Peace, comrades in the struggle! First and foremost, the South Carolina Department of Corrections (SCDC) is a modern day slave plantation. Being political is a crime within itself; once I became aware of the truth then the system considered me a threat. I’m a Black man in solitary confinement due to my passion to stay alive, and I strive to use this time to analyze my legal problems and how to continue to educate myself.

I write to this so-called law library to request certain law books and other legal material, but I am denied because the law library is not up to date and lacks current books we need. So I reached out to receive The Georgetown Law Journal 2010 Edition from Georgetown Law. I was denied permission to purchase that journal out of my own funds. Then I wrote to Prison Legal News, South Chicago ABC Zine Distro, Justice Watch, Turning the Tide, the Maoist Prison Cell, the National Lawyers Guild and the Center for Constitutional Rights. All these organizations sent me material but I was denied access to have the material and it was sent back because of the so-called policies OP 22.12 and PS 10.08.

The SCDC has designated a ban on all magazines, newspapers, books, photos, etc. that come from outside sources, whether it be from publishing companies or organizations. In Special Management Unit, where prisoners are housed 23 hours a day behind a locked door, SCDC mandates all above material must come from its institutional library, whereupon no newspapers or magazines are allowed, period. Only the inadequate out-of-date law books and library books. Because of this ban many people suffer from lack of information and educational and legal materials.

And the thing about it is the mailroom staff has a list of names of publications that aren’t allowed to send mail to this institution. She has no education in security besides searching mail for contraband.

I have limited information I can use to fight oppression as a whole. I have offered my problems at the hands of my oppressor to hopefully serve as a springboard for further war against oppression. Times do get hectic, and recently I was placed in a full restraint chair off the words of another prisoner’s statement! I am aware of some cases that deal with censorship, so I’m doing my research the best way possible even though the law books inside the library don’t have cases past 2001. Of course I’m aware of the Prison Litigation Reform Act; that’s why I am going through the grievance procedures now. I will continue fight this system and hopefully my voice will be heard outside of these walls.

SCDC has no educational programs so it’s more about self-education, but as you see I’m limited on that also. They have even started feeding prisoners in here two meals on Saturday and Sunday due to so-called budged cuts, but Monday through Friday we receive three meals per day. This is a very hard battle but my will is to survive physically and mentally until there’s no fighting left. I hope you can continue to send me updated info because I can receive up to five pages of material printed out like the Censorship Pack you recently sent. Thanks for your support.

MIM(Prisons) Legal Coordinator adds: Since 2010, MIM Distributors and South Carolina prisoners have been challenging the policy of “no periodicals allowed on lock-up unit.” From our study of case law, we don’t believe that this policy could withstand the scrutiny of the higher courts, but to date all prisoncrats who have responded to our letters have upheld the censorship and/or evaded our direct questioning.

SCDC is not the only prison administration that is more interested in political repression than rehabilitation. Because national oppression is the name of the game, all prisoncrats try to push the boundaries of legality, and fortunately bourgeois democracy sometimes get in their way. Regarding this particular type of repression, we have received similar reports from prisoners held in North Carolina, California, Connecticut, New Mexico, and Pennsylvania.

It is a set-up for backwardness, which is the obvious goal: no programming, no reading materials, and you are barely able to prepare a lawsuit. They can’t actually expect prisoners to reform.

As a movement, we are held back by this censorship in South Carolina. But rather than it defeating us, we should be inspired to push even harder to spread ULK, the United Struggle from Within, and the United Front for Peace in Prisons where we are able. Comrades affected by censorship should file grievances and go to court if necessary, so that conditions where they are don’t mirror South Carolina’s. Those with legal knowledge should write in to get involved in the Prisoners’ Legal Clinic.

I have just recently been introduced to Under Lock & Key. I regret that I’ve been ignorant to the existence of such an inspiring movement. I commend you all in exposing the harsh reality that is the Department of Corruption nationwide.

Here in West Virginia the nature of incarceration is mostly mental and emotional torture. Segregation time is handed out in 30- and 60-day increments for infractions of the pettiest kind: borrowing someone else’s CD can get you 30 days. Giving a man a soup because he’s hungry lands you in SHU for 30 days. Multiple class 2 writeups get you 60 as well as any class 1. Tobacco products get you 60 days. Then god forbid you get caught with a weapon… that’s 2 years minimum on the “Quality of Life Program.”

The SHU is sensory deprivation to the fullest. There is no access to reading books from the library, and of course no radio or television. If you get no newspapers or magazines in the mail, you have nothing. Get caught passing reading material and it’s another 30 days. It’s a very stressful game to hold on to your sanity.

Though the atmosphere is not very violent, it is taxing mentally. Behind every face is a potential informant. There are few that can truly be trusted and even fewer who can be depended on. We have no unity. Some try to open the eyes of others to see the true enemy, but often times to no avail. Administration members play us against each other at every turn. They oppress religious freedoms and the mere freedom of thought. Voicing opinions in grievances gets you put in the SHU.

I anxiously await the next issue of Under Lock & Key for advice, direction, and inspiration.

MIM(Prisons) adds: The torture of prison control units, like the SHU described by this prisoner, is widespread in Amerika. It is something we have been fighting against for years, many comrades decades, but with little success in actually stopping the torture. Isolation units are used as a tool of social control for a population that the imperialists have no productive use for. In this system, prisoncrats work hard to set prisoners against one another by rewarding snitching as another method of control. Division and fear are powerful tools for the criminal injustice system. Under Lock & Key is an important tool for prisoners to fight back, organize, and unify. Share this publication with others, form discussion groups to talk about the articles, and get in touch with us to share your stories and struggles. There are many more people like the one above who have plenty of experience with repression, but have had little access to comrades and forums for analyzing and struggling to end it. We are working to change that.

[This letter was just received from one of the few comrades who has continued to stick to the pledge to strike until the 5 core demands were met. While it is unclear why others in Pelican Bay have stopped striking, this comrade is pushing for a re-orientation that addresses the torturous conditions of long-term isolation head on while reaching out to the general prison population.]

18 October 2011 - Well, they had a busload, about 1/2 of it, full leaving Pelican Bay State Prison for Corcoran. All hunger strikers, and all descendents from south of the border, Mexico and further, with only a few whites. How they chose us out of all is difficult to say. They immediately isolated me, and in the last few days have gone to great lengths to convince me the strike is over. The CDC is even lying publicly saying it has ended (see CDCR Star) via Terry Thornton, a mouthpiece propagating on behalf of the state.

I’ve been told if I relent and eat I can go to the block with the others, but so far I’ve been lied to at every potential turn of events. [State employees have lied to prisoners throughout the hunger strikes in an attempt to undermine their unity. -editor]

One of the prevailing misconceptions is that this is primarily a legal issue, and there’s a metaphysical conception of this too, in that “legality” is viewed in isolation without grasping its interconnections with all that is around it, ie. politics, economics, etc.

This lack of political consciousness is reflected in our goal. If there had been a more elevated ideological grasp on circumstances, even rudimentary comprehension of dialectics - scientific materialism, the distinction between “form” and “essence” would likely have been made once analyzing our strategy, before agreeing on it and pursuing it. You see, we must alter our strategic objective. The validation is only one “form,” a vehicle, amongst a few to permanently isolate one within a sensory deprivation unit - the “essence” in this dialectical connection.

Had we made this analysis, instead of confronting a peripheral, a formal manifestation and means to permanently isolate us, we would have gone to the source of the disease, essentially, the permanent isolation itself.

People are sympathetic to the “dehumanization” that one is subjected to. One becomes, if enough time passes in such isolation, a social vegetable incapable of any form of social intercourse. This is caused by the severe lack of interaction with others, the context necessary for the personality’s development, which not only identifies us as individuals distinct from one another, but it is social intercourse that binds us together as a collective, wholly as a single species.

If we achieve our goal, we’ve struggled only to put a Band-Aid on one of these sores manifesting from a diseased spot - Solitary Confinement. So long as it exists, even if we dismantle validation, we’ll still be subjected to perpetual isolation by different methods, excuses, justifications, etc.

The push for the right to minimal association with other humyns is a strategy that has a historical precedent, tried and tested, with more successful results than not (see the IRA, ETA, RAF, Red Brigades, etc.). They all gained extraordinary international support within the UN and from organizations such as Amnesty International, etc. [Amnesty International released a statement of support for the hunger strikers during round 2 of the hunger strike. They condemned the use of political repression by the state against those who participated.]

“The Brutality of Supermax Confinement”
New York City Bar Committee on International Human Rights
September 2011

This report addressed the dramatic growth of “supermax” confinement facilities in the United $tates over the past three decades and highlights the conditions of torture and violations of domestic and international law. As an introduction to long-term isolation in U.$. prisons, and an overview of relevant laws and cases, this report is an excellent resource.

The report cites estimates that 80,000 prisoners “…endure conditions of extreme sensory deprivation for months or years on end, an excruciating experience in which the prisoner remains isolated from any meaningful human contact.” Articles in Under Lock & Key regularly testify to this torture that prisoners face in long-term isolation. The authors point out that estimates are widely varying and total numbers of people in supermax is not known. MIM(Prisons) has conducted our own survey to collect statistics on prisoners in control units and we estimate there are close to 110,000 prisoners currently in long-term isolation.

The authors correctly conclude about these torturous conditions: “The policy of supermax confinement, on the scale which it is currently being implemented in the United States, violates basic human rights.” Though MIM(Prisons) would question how this policy would be ok if the scale was smaller. This “scale” caveat is possible because the authors fail to address the system that determines who gets locked up in isolation and why they are put there.

As a part of an overview of relevant legal cases and laws, the report notes that the courts have failed to address this torture, which the authors consider a violation of the Eighth Amendment: “As long as a prisoner receives adequate food and shelter, the extreme sensory deprivation that characterizes supermax confinement will, under current case law, almost always be considered within the bounds of permissible treatment.” They demonstrate some of the legal difficulties in proving an Eighth Amendment violation, including the added legal burden of the Prison Litigation Reform Act (PLRA) which requires prisoners to show physical injury before bringing an action for injury suffered in custody.

The authors describe how supermax confinement violates international law based on the Universal Declaration of Human Rights, the American Convention on Human Rights, the UN Standard Minimum Rules for the Treatment of Prisoners, the International Covenant on Civil and Political Rights, and the Convention Against Torture, among others. They note that international law has not been a factor for U.$. courts in these cases and call for change in this regard.

The report concludes with the following recommendations:

1. The provision in the PLRA providing that inmate plaintiffs may not recover damages “without a prior showing of physical injury” should be repealed;
2. Prisoners with serious mental illness should never be subjected to supermax confinement;
3. Conditions of extreme isolation and restriction should be imposed only when an extremely serious threat to prison safety has been established, and even in such circumstances supermax confinement should be for the shortest time possible and inmates should be afforded due process, and an opportunity to contest the confinement and appeal;
4. Any form of segregated housing should provide meaningful forms of mental, physical and social stimulation; and
5. A national task force should be established to promptly report on the numbers of inmates being held in supermax confinement in state and federal prisons and their conditions of confinement, and to propose further legislative and administrative reforms.

As humynists, we say long-term isolation is torture and it should be abolished immediately. And as we’ve discussed elsewhere, we disagree with point 2 as a campaign in that it justifies the use of torture against the strongest resisters while misconstruing the real relationship between long-term isolation and mental illness.

If implemented, the Committee’s recommendations would certainly reduce the number of prisoners suffering in long-term isolation, and are therefore progressive recommendations for a Bar Association that works within the injustice system that uses supermax confinement as a tool of social control. But this very system, which they point out has demonstrated its willingness to ignore the law and act outside of standards of common decency set out by the Eighth Amendment, certainly cannot be trusted to determine “when an extremely serious threat to prison safety has been established.”

The authors ignore the broader context of supermax confinement and its use in the United $tates. As we report in an article on the history of control units: “The truth behind the reasons these control units are needed is they are a means of political, economic and social control of a whole class of oppressed and disenfranchised people. These include especially African, Latino and indigenous people who are a disproportionate part of control unit populations.” Prisons in the United $tates are a breeding ground for resistance to the system that unjustly locks up segments of its population, and supermax units are required to further control the inevitable education and organizing that takes place among those who come face to face with the criminal injustice system.

While this report is useful for both the legal citations and the study of the harms caused by long-term isolation, it is important that we put it in the broader context of the criminal injustice system and understand that supermax torture cannot be reformed away within this system. We hope to make some significant improvements which will have a particular impact on the lives of our politically active comrades behind bars who are targeted for lockup in these isolation cells. And in that battle we unite with the NY Bar Association and many others who clearly see the injustice and inhumanity of supermax isolation.

Prisoners interested in a copy of this report should contact the New York City Bar Association at 42 West 44th Street, New York, NY 10036.

1 October 2011 - As of September 26, 2011 we have re-started our hunger strike. It was evident that Scott Kernan isn’t going to uphold his end of the original agreement on the 5 core demands from our first hunger strike, so action was necessary.

As of September 29, 2011, CDCR removed all representatives in the short corridor as well as the organizers of the hunger strike. They were all placed in Ad-Seg (that’s the story CDCR is giving). No one has access to them. We don’t know what their condition is, because they are also on the hunger strike.

Scott Kernan issued a memo stating that “Inmates who participate in the hunger strike will be disciplined.” On September 29, 2011, Pelican Bay staff started pulling prisoners out of their cells, so they could take all food out of their cells. Even those prisoners who couldn’t participate in the hunger strike because of poor health and serious medical needs. Their canteen and food was taken away as a result of the hunger strike.

Today is October 1st, 2011, and we were just told by CDCR staff that prison visits are cancelled due to the hunger strike. This is a direct retaliation by CDCR. It’s obvious that Scott Kernan doesn’t want information to leak out to the public about how this situation is beyond his control. By CDCR denying our family and friends direct access to us they place uncalled for stress on them as well as a financial burden.

So far CDCR is still using old standards to keep us validated as gang members/associates. I received 1030s stating “other prisoners were caught with my name in their cell,” so CDCR is using that to validate me, along with drawings that have a huelga bird on it.

I have to file a 602 on these issues, because in the 2005 Lira v Herrera case, the courts decided that laundry lists and drawings are not to be used as active gang material. So I have a lot of legal research to do on this.

Also, I have just filed a 602 on CDCR for “withholding” a letter from MIM(Prisons). They cited that MIM is asking prisoners to disrupt daily operations of CDCR. So I’m in litigation to get CDCR to give me that letter.

I have to say, our daily struggles from behind the walls will continue as long as this corrupt system continues to abuse the mass of the prison population who are wrongly accused of gang ties, etc.

Long term and indefinite isolation is by all standards inhumane and excessive punishment for any person no matter what his crime is. This places serious stress on any person’s psychological and mental state of mind. I personally have experienced a lot of this oppression and abuse by CDCR for the past 12 years here at Pelican Bay SHU.

Things have to change. The current cycle of abuse and the systematic way in which it’s applied is more than any human spirit can take. It’s a miraculous accomplishment that so many of us still housed here at Pelican Bay SHU still have our sanity.

Well it’s no surprise that CDCR just told all those on the hunger strike that they will not be allowed to see/talk to their visitors because their visits were canceled. But those prisoners who didn’t take part in the hunger strike will be allowed to visit their loved ones. It’s a sad disturbing turn of events, but it’s our reality.

My viewpoint on this hunger strike is that these material items such as sweats, photos, colored pens, etc., are not what we really want, but rather are items that should have been part of the established curriculum for the SHU all along.

I am a lifer, as you know, and I can’t imagine having to spend the rest of my life living here at Pelican Bay SHU. And I don’t want to see youngsters brought to the SHU behind CDCR lies and have to suffer the same fate we are all suffering now.

The refusal of this prison to meet all of the five demands has resulted in yet another hunger strike here in Pelican Bay. The demand that was left untouched by prison officials was the debriefing process. This debriefing process has forced people to either snitch on someone or simply make up gangs in order to get out of the torture chamber known as Security Housing Unit (SHU), and this has gone on for decades.

Just think, most people in SHU are here for b.s. and are not even what the prison claims they are, do not really belong to gang xyz, etc. And so when someone can’t take the torturous conditions and wants to get out of SHU, officials require them to debrief (inform) on others, yet this person may not even know anything to tell about even if he or she wanted to, so many times this persyn will make up his own random people while at other times this may be the time for personal vengeance like how men are sent to Gitmo often because their neighbor in Pakistan didn’t like the loud music he played.

This pathetic way of “weeding out” supposed gang members or security threats is broken and changes nothing, the truth is SHU is a racist operation directed at the oppressed nations. In addition, guards are getting paid higher salaries for working in these units. Of all the people in SHU, none are the rich, the wealthy, no billionaire ever been validated as a gang member, I have yet to meet a millionaire in SHU. We are the poor, those coming from barrios and ghetto projects, those who can’t even walk down the street in our hood without getting tracked by a predator pig and slammed against the wall threatened, beaten, or worse we of the oppressed nations are open game in the streets of the united snakes.

Today is the fifth day into the strike and there is no light at the end of the tunnel and most know this. Here in SHU conditions cannot possibly get worse, we are stuffed into solitary confinement boxes, locked into isolation for the rest of our days - what is worse than this existence?

I am a California State prisoner incarcerated in the Administrative Segregation Unit (ASU) of Corcoran State Prison. The ASU where I am housed is currently undergoing a hunger strike in support of the one kicked off in the SHU. I am in support of it as well, for I believe solidarity is needed amongst the oppressed to resist and fight against the oppressor. Many people do not see that when it comes down to it, there are only two sides, but these past few months have done a lot to enlighten and educate many behind these concrete walls.