For the past 10-40 years thousands of California prisoners have been confined in CDC-SHU units indefinitely based on status [E.G., a gang label – active gang classification, based on innocuous association activity, and allegations from confidential inmate informants] – wherein, they have been demonized as the worst-of-the-worst, in order to justify decades of human rights violations – including state sanctioned torture for the purpose of breaking the prisoners, and coercing them into becoming known informants for the state –thereby placing such prisoners, and their families in serious danger of retribution; as well as, the severe-permanent physical and psychological pain and suffering to these long term SHU prisoners and their families – directly related to CDCR-SHU policies and practices, all of which violate U.S. Constitutional, and international legal principles [as summarized in the prior formal complaint and 5-core demands available online].
As of September 2011, these
SHU-prisoners continue to be subjected to CDCR’s torturous human rights
violations, in spite of the July 2011 peaceful protest via hunger
strike, wherein thousands of prisoners of all races/groups united in
their effort to bring mainstream exposure and force an end to such
barbarous policies and practices. [CDCR has responded with more
propaganda, lies, and vague double talk promises of change in time].
SHU
prisoners are dissatisfied with CDCR’s response to their formal
complaint and (5) core demands, and therefore will continue to resist
via peaceful protest indefinitely, until actual changes are implemented
as summarized below.
1. The Formal Complaint and Five (5) Core Demands
Beginning
Feb. 5, 2010, dozens of PBSP-SHU prisoners and their family members
and friends began sending copies of the formal complaint to numerous
law makers, CDCR Secretary Cate, and to many organizations. CDCR’s
response was,..”file and inmate appeal.” In May 2011, the formal
complaint, notice of hunger strike for July 01, 2011, and Five(5) core
demands, were served on CDCR Sec. Cate, and Warden Lewis. There was no
response…[notably, these documents were all posted on-line in March
2011].
2. The July 1st Hunger Strike and CDCR’s Response(s)
The
H.S. began on July 1st at PBSP-SHU, and quickly spread to other
prisons- at one point more than 6,600 prisoners participated at thirteen
(13) prisons across the state!
On
July 14, 2011, CDCR Undersecretary Kernan spoke to the inmate
representatives via phone conference, promising them that the (5) core
demands would be addressed, with positive changes occurring over time.
The reps asked Kerman to put details of the changes on paper for their
review.
On July 15, 2011, the reps received the documents
provided by Kernan and determined the documents were not satisfactory
because they were very vague and did not specify any changes of
substance in relation to the (5) core demands.
On July 20th,
Kernan and additional CDCR administrators met with the inmate reps in
the PSB-SHU parole board hearing room. Kernan made more assurances
about positive changes to SHU policies being in the works, and stated
he would meet with the reps again in a couple of weeks in order to
provide specifics as to each of the (5) core demands re: changes and
progress made. As well as agreeing that, other than adding an extra day
of visiting each week…the rest of the demands on (#5) re:
programs/privileges, were reasonable and would be granted, as a show of
good-faith on CDCR’s part.
All of the reps (14) then met and
discussed the proposals from Kernan, and then decided to temporarily
suspend the H.S., in order to give CDCR “a couple of weeks” grace
period to keep their word on the (5) core demands [per Kernan’s request and assurances].
On
August 19th, Kernan and other CDCR Administrators, met with the reps
again, to follow up on the July 20th assurances re: specifically
addressing the (5) core demands in detail.
Kernan did not have
anything on paper to specifically address any of the (5) core demands.
The meeting consisted of Kernan’s words – in very vague, general terms,
about CDCR staff working to come up with some type of step down
program for inmates to get out of SHU, which does not require
debriefing- informant status- and Warden Lewis stating (SHU) inmates
would soon be allowed to purchase sweat suits, and have the use of a
handball on the yard.
All of the reps (14) then met and discussed
the proposals from Kernan, and then decided to temporarily suspend the
H.S., in order to give CDCR “a couple of weeks” grace period to keep
their word on the (5) core demands [per Kernan’s request and assurances].
On
August 19th, Kernan and other CDCR Administrators, met with the reps
again, to follow up on the July 20th assurances re: specifically
addressing the (5) core demands in detail.
Kernan did not have
anything on paper to specifically address any of the (5) core demands.
The meeting consisted of Kernan’s words – in very vague, general terms,
about CDCR staff working to come up with some type of step down
program for inmates to get out of SHU, which does not require
debriefing- informant status- and Warden Lewis stating (SHU) inmates
would soon be allowed to purchase sweat suits, and have the use of a
handball on the yard.
The reps pointed out that Kernan’s verbal,
vague presentation was not what was agreed to on July 20th. Kernan
responded that “a step down” program will be operational by the end of
this year, or early next year.”
The reps asked for specific
details to be provided on paper to all SHU sections so all inmates can
have something tangible in their hands. And Kernan eventually agreed to
begin providing this documentation within (2) weeks. Instead, on Sept.
02, a memo dated Aug. 25th, entitled gang mg. proposal was only issued
to the (4) principle reps; this document is again, extremely vague and
general. It is not adequate nor acceptable!
On Aug. 23rd,
Kernan appeared before the Calif. Assembly Public Safety Comm., to
answer questions re: SHU policies and practices, that were exposed to
the world via the H.S….according to the transcript of this Aug. 23rd
hearing, Kernan was very vague, general, non-responsive, and focused
on propagating CDCR’s out right lies about PBSP SHU policies, and the
inmates subject to the torture therein – examples are;
a. “The courts have found PBSP-SHU policies meet constitutional standards.” [This is false- see e.g.,Madrid v. Gomez 889 F. Sup. 1146, at 1270, fn 217; see also, Griffin v. Gomez; Lira v. Cate, [cases cited in formal complaint!]. And, Chambers v. Florida, 309, U.S. 227, at 237-328 [1940].
b.
“SHU houses (3,000) gang generals, who spend 24/7 engaging in
gang-activity which threatens prison and public safety; and, we need to
isolate them in harsh conditions, to prevent them from ordering other
inmates to kill staff on sight,” etc, etc, etc. [This is also false,
There are no rule violation reports/or criminal charges to support this
claim!]
c. When asked directly by the Assembly if “debriefing
places the inmate and his family in danger?” Kernan failed to answer!
Notably Kernan stated that one certainty is CDCR’s plan to expand the
number of prisoners subject to solitary confinement torture, by
applying the policies and practices currently reserved for some
suspected gang affiliates, to encompass all inmates categorized as party to any type of “disruptive group”[1] [e.g., the tens of thousands of street gang affiliates in CDCR prisons]; as well as, CDCR’s intent to continue to rely on information from “debriefing” inmates, to keep other inmates in SHU indefinitely!!
On
Aug. 31st, PBSP-SHU staff issued (4) memos, addressing the allowance
of the following; handballs on the yard; ability to purchase sweat
suits; and, with (1) year free of disciplinary action and committee
approval, the ability to get a yearly photo taken and purchase art pens
and drawing paper from the prison canteen. [While said memos were
being passed out, a Sgt. Was loudly telling staff to start writing up
all prisoner’s for any type of reason they can think of, in order to
prevent prisoners from getting their newly won privileges!]
3. SHU Prisoner’s Dissatisfaction with CDCR’s Response to the Formal Complaint and Five (5) Core Demands;
PBSP-SHU
inmates have considered all facts and circumstances, summarized above,
and remain united in our dissatisfaction with CDCR’s lack of specific
substantive action on our (5) core demands. Our dissatisfactions are
summarized below;
d. Re: Core Demands #1-3
Our problem with CDCR’s response to core demands #1, 2, and 3 is this…
#1.
We remain in (SHU) indefinitely, deprived of our basic human rights –
based on illegal policies and practices, that amount to torture;
torture of us, as well as our family members and loved ones on the
outside. CDCR remains in denial, and continues to propagate the lies
re: “worst-of-the-worst” 3000 gang generals, etc. – in order to
dehumanize/demonize us, so as to maintain the status quo, and “continue
to hammer us” [per Sec. Cate’s press statement earlier this year], and subject us to “harsh” conditions [per Kernan’s Aug. 23rd testimony]. These terms “hammer” and “harsh” conditions, are used in place of the word torture
– and the fact is, CDCR’s intent is to break us down, and coerce us
into becoming state informants! A violation of international treaty
law-period!! This is not acceptable!
CDCR
has failed to produce any documentation re: details of how their so
called “step-down” program will work, who it will apply to,
exceptions-exclusions etc.; and our problem is,…”step
down” from what”? When someone has been in (SHU) deprived of normal
human contact- especially the lack of any physical contact with
family/loved ones, for 10-40 years [based on a “label” without being
charged and found guilty of illegal gang activity]; yet CDCR is dragging
it out, coming with nothing but words, and vague “proposals,”…which
indicate we will have to remain in (SHU), jumping thru a bunch of CDCR’s
security hoops, to advance through “steps”…inspite of (3 to 25+) years
free of any serious rule violations!
Plus, we’re certain that CDCR Administrators have no intention of ever giving most of us in PBSP short corridor, any real chance for general population!
#2. CDCR has made clear that one certainty is, their plan to substantially expand on the use of “solitary confinement”, via targeting all
prisoners deemed “disruptive groups” [security threat groups], which
is defined as: “2 or more inmates who are collectively deemed to be a
security threat” – e.g., all street gang affiliates, prisoners deemed
political-revolutionary etc, etc, etc. [see also;
CCR Title 15; sec. 3000 “Disruptive Behavior”] which with CDCR’s
history of abuse of policies re:”prison gangs” in solitary confinement,
it’s clear, things will get worse, not better.
This new policy is a way CDCR plans to maintain their staff and
funding status quo, in response to the Plata order to reduce prison
population – it costs nearly double to house prisoners in solitary
confinement!
Our position is, CDCR’s “plans” to date, are not acceptable,
and are another example of their intent to maintain, and expand on,
“solitary confinement;” and demonstrate a failure of the entire CDCR
management to make positive reforms! And, all long term (SHU) inmates should be released to general populations!! ASAP!!
#3. Also, the medical care problems re: core demand #3, have not been resolved!! All
PBSP-SHU inmates suffering from chronic disease, and denied adequate
care at PBSP, due to deliberate indifference, and efforts to coerce
them to debrief..should all be transferred to New Folsom Medical SHU, while waiting to be released to general populations!!
e. Re: Core Demand #4
This issue concerns our poor diet, small portions – all watered down, dirty trays, etc… and has not been fixed- in fact, its gotten worse
since we came off the hunger strike on July 20th!! This lack of
adequate nutritional food/vitamins causes all of us to lack energy and
harms our mental/physical health – which greatly increases medical care
costs! Plus, our lack of sunlight, and related lack of vitamin D, is a
problem too..we need better food and portions, clean trays, and
ability to purchase healthy food items and nutritional supplements ASAP!!
c. Re: Core Demand #5
There remains a problem with many of our program/privilege examples listed on demand #5, not being implemented [e.g.,
phone calls, canteen and package issues; T.V./Radio – channels; extra
visiting time- what about the ability to get photos in visiting room,
wherein c/o takes picture of inmate and visitors thru the glass?]. And,
the ones that have been implemented in PBSP-SHU, have been done in a
way that it makes it real hard for most inmates to get a photo, or art
pens/drawing paper, because the warden has state via memos, that
inmates have to have (1) year free of discipline, and they must first “have to go to committee to get approved” [Kearnan’s Aug. 29h memo to all SHU Wardens does notsay inmates “need to go to committee” for these.
And, having to get sweat suits in yearly packages, equals another 40-50 ounces of weight, which meansless food items!
This weight for non-food items takes a lot out of food amount; then,
you add all the packaging [e.g. box, etc.], and we will end up with very little food items in our packages [e.g.
packaging (50-ounces), tennis shoes (50-ounces), sweat pants, shirt,
shorts (40 ounces), thermals (18-20 ounces), equals 158 ounces of a max
weight of 480 ounces!] An easy fix for these non-food items,
is that PBSP can return to their old policy of allowing us to purchase
all “non-food” items, thru special purchase, just like we continue to
do when ordering books and periodicals…
In closing, to all SHU-prisoners and all our outside supporters,[2]
we wanted to let you know [as you can see from this], that this is far
from over..and once again, hopefully for the last time, we will be
risking our lives via a peaceful hunger strike on Sept 26, 2011 to force
positive changes. Thus, we stillneed
your support to contact the governor, etc, to force CDCR to make fair
and reasonable changes to their policies, and indicated here. Thank
you.
Respectfully and in Solidarity,
From all PBSP SHU H.S. Reps.
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