Under Lock & Key

“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.

In early May 2009 over 125 prisoners of all nationalities came together for a food strike in United $tate$ penitentiary, Lewisburg, PA to protest their confinement and conditions in the newly opened Special Management Unit (SMU). Hundreds of letters were sent out to media outlets across the country and SMU prisoner family members were called who then contacted national news services. The administration conducted talks with two prisoners who were the alleged “ringleaders” of the food strike on ways to remedy the situation to try and stop the strike. Their story was never heard about on TV or in the newspaper, nor locally in the Pennsylvania paper The Daily Item.

Part of the food strike was to protest for more commissary items since the administration had refused to allow soap or shampoo to be sold on the store list. Their reasoning was that the one tiny bar of soap the correctional officers gave out once a week was sufficient. Also there were no food items, not even coffee being sold to prisoners, nor were they allowed radios in their cells or personal shoes, and a big part of the strike was to protest double bunking in the newly created Super-Max. The media didn’t think this was a story since many prisoners gave in to finally eat after the administration threatened to force feed after people passed out from malnutrition. A couple prisoners were even fed intravenously by force after being cell extracted.

Family members of SMU prisoners have since created websites and chat rooms to discuss and expose the harsh procedures and conditions their loved ones are facing. The Lewisburg Prison Project has sent concerned citizens into the SMU to talk with prisoners and administrators, some of whom have recently been allowed to tour the facility and speak to Warden Bledsoe who claims the 2 plus year forced Super-Max program for the “worst of the worst” is working. The Lewisburg Prison Project has been pushing for single-cell status for prisoners like in the ADX, Florence CO to ease tensions created when two people live in such a confined area. Sometimes days will go by and cellies no longer talk to each other, they begin to plot and fight, even murder occurs in cells. Recently one prisoner strangled his cellie due to the tension within their cell.

Since the creation of the SMU multiple prisoners have suffered lung damage and gotten emphysema due to the ongoing construction to renovate the housing units after asbestos was found. USP Lewisburg was not ready to house hundreds of prisoners in 23 hour lockdown. They built recreation cages no bigger than the cells forcing 6 to 8 people to inhabit the area for exercise. Only recently have the exercise cage rules been changed to only allow 2 people at a time after the cages were called “Thunder Domes” with assaults happening daily. There is only one block, Z, with cells having their own showers, forcing most prisoners to only receive 3 showers a week. And sometimes the SMU will be put on lockdown, sack lunches are the meals for weeks, leaving prisoners hungry and bird bathing in their sinks to remain clean.

There are 4 phases prisoners must go through to successfully make it out of the SMU taking many months in each Phase to complete. In each phase certain assignments are given by workbooks from the psychology department to complete for advancement, and in turn the prisoner must not get into any kind of trouble or face the possibility of restarting the program. Like the new Federal CMU’s (Communication Management Units), the SMUs are special prisons designed to isolate prisoners from the outside world. All aspects of a prisoner’s life is monitored and up until phase 3 to go to recreation or medical the correctional officers must cuff the prisoners through the tray slot in the door and escort them to their destinations.

All communication is monitored, no contact visits are given until one has fully completed phase 4 and returned to general population at another USP. Up until then, in phase 1 and 2 visits are conducted via video monitor, and through glass for phase 3 and 4. Few phone calls are allowed, and photos can’t be taken to send to loved ones until reaching phase 3. In such a confined space, even with cellies, prisoners become incoherent, their minds break down mentally, thoughts become confused, speech is difficult and you’ll stutter and not be able to complete sentences, many go paranoid and irrational and plot against each other and fights break out due to panic and nerves breaking.

How do I know this? Because I was there! I lived through it, and experienced it first hand. Luckily I successfully completed the SMU after being their over 2 years and I’m currently in a Florida prison. Upon arrival here it literally took weeks to calm down from my anxiety being overcome with noises, crowds, people moving around and near me, and not being confined in such small spaces for hours and days on end. Just think of the prisoners who are released from Super-Max’s to the streets!

The SMU’s, CMU’s, ADX, and other facilities like Pelican Bay for the “worst of the worst” are terrible places which destroy prisoners lives, relationships, family ties, as well as our minds. Slavery and torture exists in the United $tate$ within the prison industrial complex, especially in such programs as I luckily made it through. Please, let’s shut them down!

MIM(Prisons) adds: Prisoners on food strike in California Security Housing Units will be lucky to receive the type of program that exists in Pennsylvania SMUs as a result of their current struggle. This just goes to show that reforms in these long-term isolation prisons are nothing but reforming torture. We echo the Pelican Bay prisoners’ call for an abolition of torture. And ultimately, we must replace the current injustice system with one that serves the people and works to rehabilitate those who have truly committed crimes against the people.

I am currently serving an indeterminate SHU term here at the infamous Pelican Bay. All the SHU space is full here yet they continue to send prisoners to their torture compound. To make room for the growing number of (unjustly) validated prisoners B-4 mainline has been manipulated to accommodate them. And B-5 A section now houses Administrative Segregation(ASU) overflow.

This leaves me and others like me (with long SHU terms) to merely exist in ASU, a concrete soul snatcha. The powers that be will tell some of us that we’re property housed due to lack of bed space. According to their rules SHU prisoners are allowed one appliance. Everyone knows TVs can be poisonous but they can come in handy during situations like this. Never the less death island (ASU) does not issue out appliances (per chapter 5, article 43 ASU IMs are allowed an appliance). Pelican Bay ASU is one of the last ASUs not to be modified to support electric appliances. Without hesitation I continue to put pen to paper in an attempt to slay Goliath by making him play by house rules.

The saga continues here at Skeleton Bay where double standards are eroding the conditions of professionalism amongst staff, which is worn on the population’s face. Prisoners are eroding mentally, physically and spiritually from the elements of sucka punch justice applied by the powers that be. It is unexplainable to me why we all are not fifty pounds lighter. When the strike was announced, all of us here in ASU had all the motivation in the world to go in hard on that. Due to lack of communication, the foundation of structure and organization were unapproachable, resulting in the scrambling for excuses and loopholes not to stand up and be accounted for.

MIM(Prisons), asante for allowing me the time and space to exhale. By the way I would also like to congratulate you on your coverage and support of the hunger strike. Also, what you’re doing with the Peace Summit is active! I’m working on something as we speak. It would be a shame if I didn’t get in on that. Major props to MIM(Prisons), ULK, United Front and all the dedicated women and men at the MIM(Prisons) fam. I build on every issue of ULK then spread the wealth.

MIM(Prisons) adds: We have a few things to add to this useful account of the situation with SHU in Pelican Bay. First, we hope this comrade and others, who are stuck in their cells 24/7 make good use of their time and read and study! There is a lot that can be done. TVs should not be necessary if you have books and pen and paper. Let us know if you need something to study, and write articles about what’s going on like this comrade did. Second, we need our comrades in this situation to start the educating of others now, so that next time there is a mass action in the prisons we can count on everyone to understand the importance of participating. Share Under Lock & Key, start study groups, and get organizing!

I am a prisoner at New Jersey State Prison in Trenton, NJ. I am presently housed in what is called the Management Control Unit (MCU). I have been in this unit since 2008. New Jersey’s MCU is basically the equivalent of other states Security Housing Units (SHUs) or Intensive Management Units (IMUs). The reason I’m writing is to alert you of the numerous human and civil rights violations that we have been subjected to here. I also want to bring to your attention the fact that the administration at the prison has intentionally instituted a system designed to violate procedural due process rights of the prisoners in MCU.

Design and intent of the Management Control Program

The MCU program was designed to house the prisoners the administration considered a threat to the daily operations of the prison, to the correctional officer, or those they considered unable to house in general population with the other prisoners. The MCU unit in theory was not supposed to be a punitive unit for punishment since you could be placed there coming directly from the street never having received a disciplinary infraction inside of the prison. The prisoners of the MCU unit were told that the MCU is basically a “population for MCU prisoners.” However, the MCU is anything but.

The MCU is supposed to be governed by what’s called the New Jersey administrative code 10A. However, the administration does not adhere to it’s own rules as put forth in the 10A. The so-called release program of the MCU is a three phase program (levels 1-3, one being the lowest). Completion of the following programs are requisite: Cage your Rage, and Thinking for a Change. The problem with this criteria is that the programs are very seldom offered, or capriciously and arbitrarily offered. This situation has only gotten worse recently. Since April of this year (2011) the administration has had the unit on lock-down. This lock-down is supposedly the result of a couple of random fights between a few prisoners (no correctional officers were involved in either of the situations). Since these random fights, the administration has done the following:

1. Canceled all requisite programs needed to be considered for release
   
2. Painted the cell windows so that we can no longer see outside
   
3. Closed down the pantry in the unit where the food is served
   
4. Taken all the jobs from the workers in the unit
   
5. Canceled indoor recreation
   
6. Changed the outdoor recreation schedule from every other day to once every four days
   
7. Changed the amount of people allowed to go to the outdoor recreation. Everybody that was on MCU was able to go to the yard together. Now only six can go at a time.
   

It is my opinion, which I believe to be firmly grounded, that the couple of fights had nothing at all to do with the draconian measures taken by the administration. On July 2, 2010 the superior court of New Jersey appellate division issued a crushing ruling that the administration of New Jersey thought would never happen! In that ruling the court said that once a prisoner has reached phase three (the highest level in the MCU program) the burden then shifts to the prison to show why the prisoner should be held in MCU. The burden the administration must meet is to show a present identifiable threat that the prisoner presents. Up until this ruling the administration in New Jersey was just throwing prisoners on MCU and leaving them there. The average prisoner in MCU has been there for about a decade.

To circumvent this ruling the administration has canceled the programs preventing prisoners from reaching phase three which would render them eligible for release if the administration is unable to meet it’s burden. I have more proof that this is the administration’s intention. The court ruling was issued on July 2, 2010. Up until that ruling whenever a MCU prisoner would appeal the Management Control Unit review committees (MCURC) decision to continue his placement in MCU, the administrator would quickly respond to the appeal 99.9% of the time upholding the MCURC decision.

Let me explain. Every three months the prisoners in MCU are given what’s called routine review where the committee decides whether or not the prisoner should be released or if his placement in MCU should be continued. Every MCU prisoner is allowed to attend even though you must be phase three to even be considered for release. This is not more than a ceremonial display and out right sham. Again, after these hearings about a week later you receive the MCURC decision on paper which you can appeal to the administrator. The decision from the court was issued July 2, 2010 and since that decision none of the MCU prisoners have received a response back from any of the routine review appeals which would be September 2010, December 2010, March 2011, and the last one June 2011. I do not believe in coincidences. As I said up until that decision from the court we were getting every single one of our appeals back.

There are a few prisoners in the MCU unit right now that are phase three and still the administration have not let them go. Not only have they not let them go, but by not responding to the appeals they are preventing prisoners from taking their case to the court. The court has ruled that before a prisoner can prevail on his complaint s/he must afford the administration the opportunity to make it’s final decision. Thus, the administration is violating the MCU prisoners procedural due process rights! If this is not suppose to be a punitive unit and a general population for MCU prisoners, how do you explain the actions taken by the administration?

They have stopped me from being able to finish the programs, they have painted over my cell window so that I can’t even see outside! I’m only allowed to go outside every four days and you cover my window. This is treatment one would expect to hear being done at Guantanamo Bay. Before the covering of the window the MCU unit was already a socially and sensory depriving unit. The prisoners are in single cells and the only time they come out in the unit is for a 15 minute shower one at a time. Thus any conversation is carried on by yelling through the crack of the door. The only contact you have with anyone is during recreation every four days. I truly hope that my concerns and suffering, as well as the concerns and suffering of the other prisoners will lead you to pick up our cause and help us fight for and defend our human and civil rights. We are still humans.

MIM(Prisons) adds: Lack of due process and group punishment were two of the main complaints behind the California hunger strike that started in the Pelican Bay SHU and included participation of at least 6600 prisoners across the state. As stated by the author these conditions of long-term isolation are very similar across the United $tates, as are the policies that keep people there. This example also parallels that in California where the courts are ordering the state to make release easier (whether from MCU or prison altogether). But the interests of the Amerikan workers has made sure that in neither case has the state government begun to comply with court orders. While the courts offer a facade of justice, the state continues on as it always has in its efforts to control oppressed people.

MIM(Prisons) sent another stack of letters in support of the prisoners on hunger strike across California to the so-called Department of Corrections and Rehabilitation with the cover letter below. There will also be a demonstration in support of the prisoners’ demand outside of the CDCR office today:

Monday, July 18th
1-4PM
Demonstration outside CDCR Headquarters. 1515 S. St. in Sacramento, CA

Warden Greg Lewis

Pelican Bay State Prison

P.O. Box 7000

Crescent City, CA 95531-7000

18 July 2011

Dear Warden Lewis,

Two weeks ago we sent dozens of letters from residents of California who are concerned for the welfare of the prisoners in Pelican Bay State Prison. As the conditions outlined by the prisoners have still not been addressed by the CDCR we are sending additional letters of support (see enclosed). We are all aware that the conditions of many prisoners are becoming critical and we urge you to take immediate action to remedy the conditions. The conditions addressed by the prisoners demands are in no way conducive to rehabilitation and no one should have to die for these basic requests.

We have also forwarded copies of these letters to CDCR Internal Affairs and CDCR Office of the Ombudsman.

Sincerely,
MIM Distributors

P.O. Box 40799

San Francisco, CA 94140