Duguma wins major court victory: Without a fight it can’t be no struggle

From: SF Bay View, Aug. 20th 2012

By by Mutope Duguma

We as New Afrikan Revolutionary Nationalist Freedom Fighters have won a major court victory toward throwing off the shackles of mental oppression. The First District Court of Appeal in San Francisco has ruled in a 3-0 decision that alleged members and associates of the New Afrikan revolutionary leftist organization titled the Black Guerrilla Family (BGF) and all New Afrikan prisoners have a First Amendment right to expression of their United States constitutional rights to speak to the New Afrikan nationalist revolutionary man ideology. The California Prison Intelligence Units (PIU), i.e., the Office of Correctional Safety (OCS) and the Investigative Services Unit (IGI), have now been instructed to comply with the ruling by Justice James Lambden.

These are clearly our political beliefs, synonymous with the various ideological developments:

New Afrikan Revolutionary Nationalism (NARN),
New Afrikan Nation (NAN),
New Afrikan Nationalist Revolutionary Man (NANRM),
Black Revolutionary Nationalism (BRN),
Revolutionary Nationalism (RN),
Black Nationalism,
New Afrikan Revolutionary Nationalist Freedom Fighter (NARNFF),
New Afrikan Ethnic Group (NAEG),
New Afrikan Revolutionary Guerrilla Nationalist Resistance Movement (NARGRM),
New Afrikan Socialist Man/Woman (NASMW).

They are stated in the Writ of Habeas Corpus, Case No. HCPB 10-5298, dated Dec. 26, 2010 and the First District Court of Appeal in San Francisco’s Case No. A131276. Three justices ruled unanimously against Pelican Bay State Prison and the California Department of Corrections and Rehabilitation personnel G.D. Lewis, K.L. McGuyer, J. Silveira, G. Wise, K.J. Allen and D. Foster.

The First District Court of Appeal in San Francisco has ruled in a 3-0 decision that alleged members and associates of the New Afrikan revolutionary leftist organization titled The Black Guerrilla Family (BGF) and all New Afrikan prisoners have a First Amendment right to expression of their United States constitutional rights to speak to the New Afrikan nationalist revolutionary man ideology.

Yes, my Brothers and Sisters, we have only begun to struggle for our ideological beliefs on all fronts. Therefore, file your grievances, complaints and direct your claims to the state and federal courts forthwith!

Following is a declaration that I personally believe was very instrumental in winning this case due to James T. Campbell establishing clearly our New Afrikan struggle here in Amerika since 1619.

I can only hope that this ruling can allow the many New Afrikans throughout this nation, held in these prisons, general populations as well as solitary confinement torture units, to express our New Afrikan Revolutionary Nationalist ideology free of any attacks by overzealous prison intelligence units.

United we stand!

Mutope Duguma

Declaration of James T. Campbell

[photo: Stanford Professor James T. Campbell]

1. I am over 18 years of age and fully competent to make this declaration. I have personal knowledge of the matters described here unless otherwise noted.

2. I am currently the Edgar E. Robinson Professor in United States History at Stanford University. My research focuses on African American history and the wider history of the black Atlantic. I am particularly interested in African American intellectual and political history, including the long history of interconnections and exchange between Africa and America.

3. In my quarter century teaching at Stanford University, Brown University, Northwestern University, and the University of the Witwatersrand I have taught the following courses: Slavery and Freedom in American History; The Politics of Retrospective Justice; The Harlem Renaissance; History and Legacy of the Civil Rights Movement; The Life and Work of W.E.B. Du Bois; Celluloid America: History and Film; as well as survey courses in American and South African history. My curriculum vitae is attached as Exhibit A.

4. I was contacted by the Prison Law Office to review a letter dated April 11, 2010, written by James Crawford, along with some of his other writings. I was asked if I could determine whether the contents of the letter and, in particular, the terms “New Afrika” and “New Afrikan Nationalist Revolutionary Man” communicated genuine political ideas about Black Nationalism in the context of African American history, which is an area I have studied extensively.

5. After reviewing the letter carefully, I reached the conclusion that Mr. Crawford is rooted in a political tradition with deep roots in African American intellectual and political history, a tradition that stretches from the first African emigration movements in the era of the American Revolution, through the classical Black Nationalist tradition of the nineteenth century, and extending through the twentieth century in such incarnations as Marcus Garvey Universal Negro Improvement Association, the Black Panthers, and the Republic of New Afrika. The language that Mr. Crawford uses to communicate his ideas reflects a thorough immersion in and understanding of this history and ideological tradition.

6. Mr. Crawford’s use of the terms “New Afrika” and “New Afrikan” are consistent with the movement in the 1960s and 1970s to allow African Americans the right of self-determination to decide whether to form a Republic of New Afrika in the South. The Republic of New Afrika was one of the movements that popularized the usage of Afrika with a “k.”

7. As is characteristic of Black Nationalist thought in American history, Mr. Crawford’s letter does not appear to trace back to a single source but rather reflects a synthesis of a range of ideologies and movements stretching over the entirety of American history, with particular emphasis on the Black Nationalist movements of the 1960s and early 1970s.

8. Although I have no personal knowledge of what Mr. Crawford was trying to communicate in his April 11, 2010, letter apart from reading it, in my judgment he is a serious political thinker using terms such as “New Afrikan” and “New Afrikan Nationalist Revolutionary Man” that were ubiquitous in Black urban life in the 1960s and 1970s and that to my knowledge have no particular connection to prison gangs.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed July 3, 2011, in Palo Alto, California.

Mutope Duguma, a frequent contributor to the Bay View, is the author of “The call: Hunger strike to begin July 1,” “Pelican Bay SHU prisoners plan to resume hunger strike Sept. 26,” “We are willing to sacrifice ourselves to change our conditions,” “They took the 15 of us hunger strikers to ASU-Hell-Row,” “We’ve taken their power away by uniting as one,” “The solitary confinement profiteers“ and many more. Send our brother your congratulations and some love and light: Mutope Duguma (s/n James Crawford), D-05996, PBSP SHU D1-117, P.O. Box 7500, Crescent City CA 95532.

The Call

By Mutope Duguma (s/n James Crawford)
From: Prison Hunger Strike Solidarity

This is a call for all prisoners in Security Housing Units (SHUs), Administrative Segregation (Ad-Seg), and General Populations (GP), as well as the free oppressed and non-oppressed people to support the indefinite July 1st 2011 peaceful Hunger Strike in protest of the violation of our civil/human rights, here at Pelican Bay State Prison Security Housing Unit (PBSP-SHU), short corridor D1 through D4 and its overflow D5 through D10.

It should be clear to everyone that none of the hunger strike participants want to die, but due to our circumstances, whereas that state of California has sentenced all of us on Indeterminate SHU program to a “civil death” merely on the word of a prison informer (snitch).

The purpose of the Hunger Strike is to combat both the Ad-Seg/SHU psychological and physical torture, as well as the justifications used of support treatment of the type that lends to prisoners being subjected to a civil death. Those subjected to indeterminate SHU programs are neglected and deprived of the basic human necessities while withering away in a very isolated and hostile environment.

Prison officials have utilized the assassination of prisoners’ character to each other as well as the general public in order to justify their inhumane treatment of prisoners. The “code of silence” used by guards allows them the freedom to use everything at their disposal in order to break those prisoners who prison officials and correctional officers (C/O) believe cannot be broken.

It is this mentality that set in motion the establishing of the short corridor, D1 through D4 and its D5 though D10 overflow. This mentality has created the current atmosphere in which C/Os and prison officials agreed upon plan to break indeterminate SHU prisoners. This protracted attack on SHU prisoners cuts across every aspect of the prison’s function: Food, mail, visiting, medical, yard, hot/cold temperatures, privileges (canteen, packages, property, etc.), isolation, cell searches, family/friends, and socio-culture, economic, and political deprivation. This is nothing short of the psychological/physical torture of SHU/Ad-Seg prisoners. It takes place day in and day out, without a break or rest.

The prison’s gang intelligence unit was extremely angered at the fact that prisoners who had been held in SHU under inhuman conditions for anywhere from ten (10) to forty (40) years had not been broken. So the gang intelligence unit created the “short corridor” and intensified the pressure of their attacks on the prisoners housed there. The object was to use blanket pressure to encourage these particular isolated prisoners to debrief (i.e. snitch on order to be released from SHU).

The C/Os and administrative officials are all in agreement and all do their part in depriving short corridor prisoners and its overflow of their basic civil/human rights. None of the deliberate attacks are a figment of anyone’s imagination. These continuous attacks are carried out against prisoners to a science by all of them. They are deliberate and conscious acts against essentially defenseless prisoners.

It is these ongoing attacks that have led to the short corridor and overflow SHU prisoners to organize ourselves themselves around an indefinite Hunger Strike in an effort to combat the dehumanizing treatment we prisoners of all races are subjected to on a daily basis.

Therefore, on July 1, 2011, we ask that all prisoners throughout the State of California who have been suffering injustices in General Population, Administrative Segregation and solitary confinement, etc. to join in our peaceful strike to put a stop to the blatant violations of prisoners’ civil/human rights. As you know, prison gang investigators have used threats of validation and other means to get prisoners to engage in a protracted war against each other in order to serve their narrow interests. If you cannot participate in the Hunger Strike then support it in principle by not eating for the first 24 hours of the strike.

I say that those of you who carry yourselves as principled human beings, no matter you’re housing status, must fight to right this and other egregious wrongs. Although it is “us” today (united New Afrikans, Whites, Northern and Southern Mexicans, and others) it will be you all tomorrow. It is in your interests to peacefully support us in this protest today, and to beware of agitators, provocateurs, and obstructionists, because they are the ones who put ninety percent of us back here because they could not remain principled even within themselves.

Source: http://prisonerhungerstrikesolidarity.wordpress.com/voices-from-inside/the-call/