Under Lock & Key

“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.

“Power in defense of freedom is greater than power on behalf of tyranny and oppression.” - Malcolm X

As most of you may know, we are engaged in a protracted struggle to secure our liberation from perpetual torture and uphold our human rights. On July 1st the Pelican Bay SHU D-Corridor Collective called for an indefinite hunger strike to peacefully protest the decades and decades of subhuman conditions we have endured in these sensory deprivation torture units. The NCTT, along with 6,600 other prisoners and untold thousands the world over answered that call. We did not eat for 21 days. I personally lost 42 pounds and had to be rushed to the emergency room at least once. Men older and less physically resilient than myself, some with chronic disease such as diabetes, asthma and cancer survivors, made these same sacrifices, and we are prepared to make those sacrifices again, taking them to their ultimate conclusion if necessary, to achieve what is by right ours already.

This makes the events of 16 August all the more perplexing, even though we were forewarned and expected it. At approximately 08:00 on 16 August 2011 some 20 to 25 Correctional Officers (COs) and some 10 to 12 ISU and IGI [“gang intelligence”] officers converged on 4B1L-C-section under the pretext that they’d received a “kite” alleging New Afrikan and/or “southern” Mexican partisans in 4B1L-C-section were going to “assault staff.”

For months, IGI has been attempting to manufacture fear and reactionary resentment amongst building COs that New Afrikans were planning to attack staff during Black August memorial. Mindful of the daily injustices visited upon indeterminate SHU prisoners, and already fearful of the dreaded retribution, some staff actually bought into this absurdity. There was no threat, there was no “kite” found – this was simple unadulterated retribution for the hunger strike and the unwanted public attention it has brought to the domestic torture camps they are managing at Pelican Bay, Corcoran and Tehachapi SHUs.

We were all stripped down and escorted out of the building and placed in the small management yard caged (imagine a K-9 kennel cage – that’s what our yard is). For approximately 6 hours they systematically tore our cells up, cut open mattresses, tore down or trod upon personal photos, confiscated any item they felt would hurt us on a personal level, with abject disregard for personal property regulations. Coffee and tooth powder was strewn over personal letters and laundry was taken or trod underfoot. We were brought back to our cells only to find what I can only describe as the leavings of a tornado of F-5 proportions.

That this was done as retaliation was itself insulting, how it was done was blatant disrespect – but what perplexes the mind is what did they hope to gain by such a transparent reactionary response? We are, and have demonstrated historically, that we are fully prepared to die to secure our human rights and dignity. So surely this could not be some act to deter resistance. Perhaps it was an act of provocation, an attempt to engender a reactionary military response to a psychological and political attack? But no, this couldn’t be the case because unlike the blindly violent monsters they would make us out to be, the truth of the matter is that we are men of principle who believe in self-defense and clearly exhausting all legal and peaceful means of protest. Unlike the state, for us violence is a last resort and we are not, and cannot be, compelled to react to provocation or allow such to deter us from the legitimate struggle for our, and the people’s human rights and dignity.

So this leaves us with the obvious conclusion that like a petulant child or a bully who’s been exposed for the sadist they are, they strike out blindly, to inflict whatever discomfort they can in an act of impotence and frustration; an acknowledgment of their weakness in the face of the people’s power.

Men in ernest are not afraid of consequence. There exists no set of retaliatory actions, no sanctions they can bring to bear, that will deter our course, as long as we have you, the people, supporting us we will win. Together we can attain even greater victories than these. It is our sincerest hope that you continue to support this effort and open yourselves up to the prospect of more progressive initiatives to come. Stand with us and we will forge a brighter tomorrow.

This strike is being done peacefully, but yet one of my fellow prisoners in support of the hunger strike was assaulted by IGI [Institutional Gang Investigations]. Not once did he try to resist, and everywhere we go we are in restraints.

I’ve already lost 2 pounds, which is nothing yet, but I’m a man who will see this through till my body seizures. I’m well aware that my medical disorder (seizures) is something not to be playing with. I will stay positive and focus on the big picture of what’s important: change. I’m not in Pelican Bay, but I’ve been validated and since March of 2009 I have yet to receive what I got coming.

This memo was given to us on September 27. No advance directive was given to any of us who are food striking [an advance directive form allows food strikers to designate a person to make health care decisions on their behalf in case they become seriously ill]. I requested an advance directive and submitted it on September 26. I also sent a copy to my family.

I’m not alone here in Calipatria fighting the struggle. There are over 70 of us validated here who have been stuck here for over two years. Last year there were over 80 cell extractions here in ASU. This was for TVs, jackets and laundry they are not providing us. Nothing is being fixed here. All Calipatria administration did was ship out 12 prisoners who they considered the organizers.

I know the Calipatria administration isn’t taking this hunger strike seriously. And in response to the September 27 memo some prisoners got intimidated and decided to eat. Many do not see the bigger picture and feel it is a lost cause.

After we stopped the first strike in July all we got was harassment, cold food and laundry messed with even more. I’ve been asking about receiving some disinfectant and was informed that we are not going to get it anymore. And we get hand soap, watered down, in a milk carton once a week per cell. We live in dirty filth here.

The bourgeois press has been repeating the CDCR’s ridiculous claim that if prisoners went on strike again it might delay reforms in the SHU system. Their audacity is laughable. We all know the strike is nothing but a scapegoat, and not the cause of their “delay.”

Meanwhile, they have indicated that they will make conditions worse on three main points of the original Five Core Demands. All three points address the systematic repressiveness of the whole California prison system.

1. MORE GROUP PUNISHMENT - Not only has the CDCR threatened that reforms will be slowed down by another round of hunger striking, but they have implied that non-striking prisoners will also lose their programming as a result.(1) This is in direct contradiction to the first demand.

2. MORE SECURITY THREAT GROUPS - While the prisoners have demanded an end to the arbitrary and secretive system of giving people endless sentences in the Security Housing Units (SHU, long-term isolation) for “gang affiliation,” the CDCR has publicly discussed broadening the “Security Threat Group” category to include street organizations. This will mean more people in SHU for indeterminate sentences.

3. MORE LONG-TERM ISOLATION - The third demand calls for an end to the torturous practice of long-term isolation. While the state has continued to assert that these practices are constitutional based on court rulings, they have promised to send more prisoners to Administrative Segregation and SHU just for participating in the hunger strike!
   

As laid out in the Five Core Demands, these are parts of a system of oppression that affects all prisoners. While comrades in SHU have the drive to put it down hardest because of their living conditions, the CDCR is making it clear that the implications will affect the whole system.

Even the reforms offered in the Gang Management Policy Proposal of 25 August 2011 allow the continued practice of keeping the most progressive and politically active prisoners in isolation indefinitely.(2) While this would put California more in line with what is done in most other parts of the country, it is hardly progress. This proposal highlights the political nature of the injustice system.

Even the Eight Short-term Action Items affecting prisoners in Security Housing Units listed in a 27 September 2011 CDCR memo(3) may not be granted to prisoners refusing to eat state-issued meals. They hope that by granting the more petty demands that they can break up the unity of California prisoners, convincing some to give up while they are ahead. The unreasonable actions of the CDCR during this whole conflict should convince any prisoner that such a move would be a mistake. There is no indication that California will be reducing its repression, and every indication that it hopes to heighten Amerika’s war on oppressed nations.

As you are probably aware, Pelican Bay State Prison(PBSP) prisoners [and thousands of others across the state – editor] have resumed its Hunger Strike, due to the California Department of Corrections’ (CDC) stopping negotiations around its validation process and long-term isolation. My actions, and participation in these actions are of great importance to me, not only because it’s a just cause but because it exposes the CDC’s long standing practices which strip us prisoners of constitutional rights. I am also fighting this in the Northern District Court.

I participated in the July 1st hunger strike, and was one of the 17 prisoners who were tortured via a 13 or 15 hour bus drive to Corcoran. Upon arrival I was given the Corcoran introduction also called the Corcoran welcome during which I was assaulted by 3 prison officers, then paraded around in disregard of my condition (weak from the hunger strike and leg injuries from the assault, which made it difficult for me to walk) until I blacked out. I woke up in the Intensive Care Unit on the 20th day. During my time at Corcoran I was denied all type of CDC forms and my assault injuries were ignored as soon as I mentioned staff assault as the cause. Upon arrival at PBSP I filed two CDC 602s alleging torture and assault, which are still pending.

In my current lawsuit I allege racial discrimination since the gang management targets Hispanic prisoners and validates and segregates them at disproportionate rates in comparison to any other race. I took this angle because most validation appeals are defeated by the courts application of the standard which only requires the “same evidence” to maintain a prisoner on indefinite segregation. In my angle of racial discrimination, a different standard of law will be applied of which will require more scrutiny of the CDC’s actions. In order to prevail I need to show the disproportionate segregation of Hispanic prisoners, and as you know we cannot rely on the CDC’s numbers. So I’m wondering if you can help in providing me with an actual number of prisoners in the CDC and their race, and then the actual number of prisoners in segregation and their race etc.? So that we can break down the numbers and show it to the courts.

MIM(Prisons) responds: We commend this prisoner for taking multiple approaches to the fight against the injustice system. Legal and organizational battles are both important. While we are not familiar with his lawsuit or the legal requirements around claims of racial segregation, this fits right in with our work to gather accurate statistics on control units in prisons across the country. We will supply the information we have to this prisoner, and we ask others to help with this project by requesting a survey to fill out about their prison and any others they know well.

Today (September 26) about fifteen comrades, so far, in the California Institution for Men in Chino, CA began an indefinite hunger strike and we will not stop until the Pelican Bay SHU demands are met for our comrades!

Push, pull, strive, struggle! Give Ruchell Magee, Hugo Yogi Pinell, and the SHU comrades my love! And long live the Guerrilla!

MIM(Prisons) adds: Other than Pelican Bay and Chino, the Hunger Strike Coalition has reported that prisoners in Calipatria, many of whom are in isolation awaiting space to open up in SHU, will also restart their hunger strike today. People on the outside need to step up the pressure again to support these comrades who are putting their lives on the line for basic rights for all California prisoners.

[Excerpts from a Statement of support for the August 23rd Statewide Mobilization to Sacramento]

“The humaneness of a society can be judged by its prisons.” - James Doare

On August 23rd, San Francisco Rep Tom Amiano and the Public Safety Committee in the state assembly held an informational hearing on conditions and policies at Pelican Bay - SHU (and we assume the SHUs here at Corcoran and Tehachapi as well). The NCTT Corcoran-SHU wishes to express our support for the people and organizations who have mobilized to lend their voices to this vital human rights initiative which began with our July 1st hunger strike and will not end until the 5 core demands have been appropriately addressed, the fundamental human rights initiative which is acknowledged, and the basic inhumanity of the prison industrial complex’s use of sensory deprivation torture units is exposed and abolished.

But why should you care? Why should you care - men are being systematically subjected to psychologically torturous conditions in your name and with your tax dollars? The answer to that question requires you to have certain facts and accept some inconvenient truths. Prison is a socially hostile microcosm of society itself; a concentrated reflection of the contradictions of it’s myriad socio-economic and political relationships, composed primarily of the surplus labor segment of the U.S. population. The SHU is a prison within prison, and the ultra-high security isolation units like Pelican Bay SHU’s D-short corridor and Corcoran-SHU’s 4B1L-C section are CIA style, experimental, psychological torture units.

Following the temporary halt to our peaceful protest on July 20 to give CDCR time to make some meaningful changes in line with our 5 core demands, Scott Kernan’s first act was to publish a statement in the Sacramento Bee characterizing us as “violent gang leaders who’ve committed horrible crimes against the people of California”, as though we are not a part of the people. I think it is of vital importance that this, as well as the actual motive force underlying such thinking be addressed.

Over the last 20 years there has been a successful campaign to demonize those convicted of a crime in the U.S., and a degree of social indifference in how they are treated. Through the successful efforts of such lobbies as the California Correctional Penal Officers Association (prison guards union) and it’s front groups such as ‘Crime Victim United,’ and with the assistance of mainstream media programs covering everything from America’s Most Wanted to Cops; from Dateline to your local news. The public has been systematically indoctrinated to not merely fear “prisoners,” but to effectively dehumanize us as some subspecies of not quite humanity.

Your entertainment programming is 75% crime and punishment content, from the Law & Order franchise to CSI, from Justified to Hawaii 5-O, which not only brings in millions of viewers and sells billions of dollars in products annually via advertising, but divorces the so-called “criminal” from the human condition and casts him/her in the role of perpetual villain in the subconscious mind, deserving neither rights, compassion, or basic humanity. This was not some unconscious effort on the part of your elected officials, public servants, and corporate entities, no, this was a conscious program to dehumanize a specific segment of the U.S. population in order to ensure the speculative profits of the burgeoning - and now well established - prison industrial complex would go unchallenged and unprotected.

The fact is the origin of crime is relatively simplistic: the origin of all crime can be inexorably traced to the disproportionate distribution of wealth, privilege, and opportunity in a society. So what we find here is not a matter of public safety proponents versus criminal fiends or “gang leaders”, but more accurately an internal contradiction of the state itself which pits public safety versus social control and profit.

Contrary to the propaganda of politricsters such as Mr. Kernan, California SHU’s are not inhabited by the “worst of the worst,” and especially not in these ultra-high security isolation torture units like Pelican Bay SHU’s D-Corridor or Corcoran SHU’s 4B1L-C section. In fact a significant segment of this population has been consigned to these dungeons decades on end solely based on their political ideology and world views. Left-wing political ideologies and revolutionary scientific socialists are labeled “gang members” and tossed in the SHU with no thought to the contradiction this presents to the constitutional basis of freedom of speech, thought, and expression.

The truth of the matter is most here in Pelican Bay SHU D-Corridor and Corcoran SHU 4B1L C Section haven’t had a rules violation, let alone broke a law, in decades. Institutional gang investigators claim to seek to mitigate the violence and socio-economic damage allegedly caused by “gangs” - yet the NCTT in Pelican Bay and Corcoran SHU over the course of the past 2 decades alone has developed and attempted to initiate numerous programs that would effectively do just that, and even more.

This hearing was a prime opportunity to declare, if the state will truly make rehabilitation their primary objective they may:

1. Meet in full the 5 core demands of the SHU human rights initiative,
   acknowledging the dismal failure of their “lock em up - lock em up” philosophy and its fundamental social and economic unsustainability
   
2. Restructure the entire correctional system and approach to imprisonment.
   
3. Mandate safe, clean and healthy rehabilitative environments where higher education and viable wage job skills are offered to all prisoners ensuring they can compete in today’s technology society, ensure parole suitability, and make meaningful contributions to the community, institute community based parole boards, where the communities prisoners hail from decide when they can return to them.
   
4. Re-institute media access and transparency
   
5. Re-institute community ties programs such as social and family visiting for all prisoners, especially those in SHU-indeterminate units
   
6. Develop community reintroduction programs where prisoners have a community based support network that helps them re-acclimate to society and be re-integrated successfully.
   
7. Disband the CCPOA’s stranglehold on elected officials which range from DAs and judges to the governor himself.
   

MIM(Prisons) responds: This NCTT statement does a good job exposing the criminal injustice system as a tool of social control with no real interest in actually addressing crime or rehabilitation. We do disagree with one point here: while the vast array of people working in and around prisons certainly are motivated to protect their high wages and benefits, prisons themselves do not make a profit and so can not be working to protect their “speculative profits.” As this article notes, those working on the side of the prison system do have a strong motivation to sustain and even grow them, but this is for social control fundamentally.