In the Spirit of Nelson Mandela: International Campaign for Human Rights of U.S. Political Prisoners

By Jalil Muntaqim

[Sent to Prisonwatch Network, received Oct. 14th 2017]

We will be petitioning the United Nations – Committee on the Elimination of Racial Discrimination, urging the International Jurist to initiate a formal investigation into human rights abuses of U.S. political prisoners.

In 1977, I initiated a National Prisoners Petition Campaign to the United Nations. The campaign petitioned the United Nations to recognize the existence of U.S. political prisoners. The petition was documented as E/CN.4/Sub.2/NGO/75, pertaining to racism and the conditions of political prisoners in [the] U.S. penal system.

As occurred in 1979, the International Jurist investigated the existence of U.S. political prisoners and reported their findings to the United Nations. Some of those same political prisoners interviewed in 1979, still languish in prison today. They continue to suffer racial oppression from being murdered by white supremacist (Hugo Pinel), brutal assaults by prison guards (Herman Bell); indefinitely held in solitary confinement for political speech (Kevin Rashid Johnson, Jaan Laaman); suffer medical neglect (Imam Jamil Al-Amin, Robert Seth Hayes, Tom Manning); persistent parole denials after becoming eligible for release (Veronza Bowers, Dr. Mutulu Shakur, Sundiata Acoli, Jalil A. Muntaqim), the list is extensive.

On August 18, 2017, the Committee on the Elimination of Racial Discrimination (CERD) – Decision 1(93) in Acting under its Early Warning and Urgent Action Procedure, issued a statement calling for the United States of America to critically denounce the “horrific events in Charlottesville of 11-12 August, 2017 leading to the death of Heather Heyer….” The failure of the U.S. government to condemn the Ku Klux Klan, neo-Nazis and white supremacists represents the unspoken philosophy of the U.S. government since the inception of the Transatlantic Slave trade. By virtue of the historical dynamics of this country’s racial conflicts, there has been centuries of dissent, protests, revolts and insurrections. Such protests against racial oppression has resulted in the existence of political prisoners.

In the Spirit of Nelson Mandela, we are calling for a new investigation by the International Jurist on the human rights abuses of U.S. political prisioners. It is incumbent of freedom loving peoples’ of the world to join in this campaign to expose this incessant racial repression by U.S. white supremacist practices on U.S. political prisoners.

I am requesting the body of the United Nations, in its authority and capacity, in support of Human Rights to vigilantly support this campaign. The Jericho Amnesty Movement, the premier U.S. political prisoner support organization, and the Northeast Political Prisoners Coalition will provide documents, statements, and material to the investigative body cataloging the human rights abuses of U.S. political prisoners.

The Chairperson of CERD, Anastasia Crickley, criticizing the U.S. government’s indulgence toward white supremacists, on August 23, 2017, stated: “…there should be no place in this world for racist white supremacists’ ideas or any similar ideologies that reject the core human rights principles of human dignity and equality. We are alarmed by the racist demonstrations, with overtly racist slogans, chants and salutes by white nationalists, neo-Nazis, and the Ku Klux Klan, promoting white supremacy and inciting racial discrimination and hatred. We call on the U.S. Government to investigate thoroughly the phenomenon of racial discrimination targeting, in particular, people of African descent, ethnic or ethno-religious minorities, and migrants.”

Hence, by virtue of CERD’s position condemning the U.S. Government’s failure to denounce white supremacist in Charlottesville, we are calling for the International Jurist to conduct the same investigation urged by CERD on the human rights abuses of U.S. political prisoners.

Respectfully submitted,

Jalil Abdul Muntaqim
Sullivan Correctional Facility
October 10, 2017

For more information on this human rights campaign contact:

www.thejerichomovement.com
www.jerichony.org
Email: nycjercho@gmail.com
The Northeast Political Prisoner Coalition

“In the Spirit of Nelson Mandela!”


We received this flyer from Jalil too:

In the Spirit of Nelson Mandela - flyer p.1

In the Spirit of Nelson Mandela – flyer p.1

In the Spirit of Nelson Mandela - flyer p.2

In the Spirit of Nelson Mandela – flyer p.2

How torture is inflicted on prisoners in solitary confinement

February 24, 2014
Published in: SF Bay View

by Mutope Duguma and Sitawa Nantambu Jamaa

This is a glimpse into torture by prison staff, using any means available, of which solitary confinement at Pelican Bay State Prison in California is only a reflection of the inhumane treatment and clear U.S. constitutional violations of our First, Fifth, Eighth and 14th Amendment rights that prisoners in solitary everywhere are subjected to.

Torture by deprivation

The objective of the deprivation method is not complicated. It is to attack the sensory organs and perception with methods to impair them. The weapon of deprivation cannot be effective without having in place a conditioning process to produce degeneration over a long period of time. The psychological, social and cultural trauma is observable in such a sterile and punitive environment.

Deprivation is cannibalistic for the spirit that is willing to stay the course. The flesh becomes weakened as men feed on themselves and others, eating away at human excellence. The feasting of deprivation will become more than flesh, blood or nature can endure. Indeterminate SHU confinement has left individuals with having to choose between discontinuity and becoming inflicted with a cannibalistic nature.

There are two aspects of deprivation, the psychological and the physical, where the mind acts upon the body. This two-edged torture can be effective either way. But in order for deprivation to eat away at the targeted prisoner’s consciousness, a conversion reaction must occur that breaks down the psychological defense mechanism.

Declaration on Protection from Torture

The “Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment” was adopted by the United Nations General Assembly as Resolution 3452 (XXX) on Dec. 9, 1975. The declaration contains 12 articles, the first of which defines the term “torture” as

“any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining from him or a third person information or confession, punishing him for an act he has committed or is suspected of having committed, or intimidating him or other persons.”

Types of torture

Medical: Honorable Judge Thelton Henderson ordered a receivership to oversee CDCr’s PBSP SHU due to intentional medical neglect which led to prisoners dying, as frequently as one a week, in the California Department of Corrections and Rehabilitation system. Many of these deaths were, and continue to be, in solitary confinement. This is torture.

Solitary confinement: Prisoners are held in isolation for 10 to 40 years despite having only non-disciplinary infractions during that time. This is torture.

Mail: Prisoner mail is being used to create physical and psychological torment. Mail can be arbitrarily withheld for weeks on a regular basis, and has been known to be withheld for years, even when there are court orders to release the mail to a prisoner being unjustly deprived. This is torture.

Food: Food is intentionally prepared poorly, contaminated and disproportionate. Nutritional food is deliberately denied. This is torture.

No human contact: Prisoners have no real, meaningful social interaction with other human beings, especially family and close friends. Our five senses – touch, sight, smell, hearing and taste – become dulled from deprivation. This is torture.

Visiting: Constantly, under the CDCr gestapo style agency of correctional safety, the Investigative Service Unit (ISU) and Institutional Gang Investigators (IGI) and other such units deliberately intimidate visitors and prisoners. This is torture.

Cell searches: These are used to intimidate, harass and trash prisoners’ cells, leaving them in disarray while taking political writings, pictures, manuscripts, books, pamphlets, magazines etc., causing psychological torment. This is torture.

No sanitation: Prisoners are deliberately kept in unsanitary units. For example, showers are allowed four times a week, but the showers are cleaned only twice a week. There is an abundance of mold, mice, bugs, gnats, fungus etc. This is torture.

Climate: Prisoners are kept in freezing cold or burning hot cells, depending on the time of year, a complaint that has been made for over 21 years. This is torture.

Contraband watch, or potty watch: It is humiliating, dehumanizing and outright cruel and unusual punishment when prisoners are held in shackles and placed in the middle of a hall while being placed on a portable “potty,” while cops (female too) and prisoners with escorts are walking by. There are reports of prisoners being placed in cages, without a toilet or running water. Men are placed in a diaper with a prison jumpsuit over it, while the victim’s hands are bound into a fist-wrap. PVC pipe forced onto arms and black boxes over the hands have also been used. The prisoner is required to defecate three separate times during a three-day period. The torment and suffering are truly visible on the prisoner’s face. This is done to cause severe humiliation, along with mental, physical and psychological torment. This is torture.

Family: Each validated prisoner’s family is deliberately harassed, intimidated and intentionally hoaxed into false prosecution for a thoughtless crime by gestapo-type units (OCS, ISU, SSU and IGI) with the intent of discouraging any support or communication with the prisoner. This is torture.

Grievances: The 602 appeal process, at each of its three levels is deliberately set up to not afford a prisoner relief, regardless of whether prison officials are dead wrong in their accusations. This clearly establishes that there is no accountability for what officials do to prisoners. This is torture.

In addition, the structural features of the various solitary confinement units throughout the U.S. prison industrial complex (PIC) make it possible to target specific prisoners by utilizing sensory deprivation to undermine the social, cultural and ethical values that the targeted prisoners hold. Prisoners are rare who can escape the ravages of the torture that results from long term isolation and the negative assaults by guards in any of California’s supermax control units and similar units all over the U.S.

This is torture.

The science behind the use of deprivations has been perfected by the handlers to operate with devastating force. We know there is no separation between physical torture and mental torture. Torture is a double-edged sword that can slice effectively either way to exact punishment or revenge. It has the purpose of taking away a targeted prisoner’s human dimension and essence.

This is torture.

UN rights expert: California jails: “Solitary confinement can amount to cruel punishment, even torture”


GENEVA (23 August 2013) – The United Nations Special Rapporteur on torture, Juan E. Méndez, today urged the United States Government to abolish the use of prolonged or indefinite solitary confinement. There are approximately 80,000 prisoners in the United States of America who are subjected to solitary confinement, nearly 12,000 are in isolation in the state of California.

“Even if solitary confinement is applied for short periods of time, it often causes mental and physical suffering or humiliation, amounting to cruel, inhuman or degrading treatment or punishment, and if the resulting pain or sufferings are severe, solitary confinement even amounts to torture,” Mr. Méndez stressed as nearly 200 inmates in Californian detention centres approach their fifth consecutive week on hunger strike against cruel, inhuman and degrading prison conditions.

“I urge the US Government to adopt concrete measures to eliminate the use of prolonged or indefinite solitary confinement under all circumstances,” he said, “including an absolute ban of solitary confinement of any duration for juveniles, persons with psychosocial disabilities or other disabilities or health conditions, pregnant women, women with infants and breastfeeding mothers as well as those serving a life sentence and prisoners on death row.”

The independent investigator on torture and other cruel, inhuman or degrading treatment or punishment urged the US authorities to ensure that “solitary confinement is only imposed, if at all, in very exceptional circumstances, as a last resort, for as short a time as possible and with established safeguards in place.” In Mr. Méndez’s view, “its application must be subject to independent review, and inmates must undergo strict medical supervision.”

Since 8 July 2013, thousands of prisoners detained in nine separate prisons across the state of California have gone on hunger strike to peacefully protest the cruel, inhuman and degrading prison conditions. The inmates are demanding a change in the state’s excessive use of solitary confinement as a disciplinary measure, and the subjugation of prisoners to solitary confinement for prolonged periods of time by prison authorities under the California Department of Corrections and Rehabilitation.

In California’s maximum security prison in Pelican Bay more than 400 prisoners have been held in solitary confinement for over a decade, and the average time a prisoner spends in solitary confinement is 7.5 years. “I am extremely worried about those numbers and in particular about the approximately 4,000 prisoners in California who are held in Security Housing Units for indefinite periods or periods of many years, often decades,” Mr. Méndez said.

In many cases inmates are isolated in 8-foot-by-12 foot (2.5 x 3.5 m. Approx.) cells and lack minimum ventilation and natural light. The prisoners are forced to remain in their cells for 22 to 23 hours per day, and they are allowed only one hour of exercise alone in a cement lot where they do not necessarily have any contact with other inmates.

In the context of reported reprisals against inmates on hunger strike and a District Judge’s approval of Californian authorities’ request to engage to force-feed prisoners under certain circumstances, the UN Special Rapporteur also reminded the authorities that “it is not acceptable to use threats of forced feeding or other types of physical or psychological coercion against individuals who have opted for the extreme recourse of a hunger strike.”

Mr. Méndez addressed the issue of solitary confinement in the US, including prison regimes in California, in his 2011 report* to the UN General Assembly and in numerous communications to the Government. He has also repeatedly requested an invitation to carry out a visit to the country, including State prisons in California, but so far has not received a positive answer.

“My request coincides with some prominent voices in the United States, including the first-ever congressional hearing chaired by Senator Durbin on 19 June 2012; the decision to close Tamms Maximum Security Correctional Center by the State of Illinois on 4 January 2013 and numerous editorials by prominent columnists in major papers addressing the excessive use of solitary confinement across the country,” Mr. Méndez said.

“It is about time to provide the opportunity for an in situ assessment of the conditions in US prisons and detention facilities,” the UN Special Rapporteur underscored.

Juan E. Méndez (Argentina) was appointed by the UN Human Rights Council as the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on 1 November 2010. He is independent from any government and serves in his individual capacity.
Mr. Méndez has dedicated his legal career to the defense of human rights, and has a long and distinguished record of advocacy throughout the Americas. He is currently a Professor of Law at the American University – Washington College of Law and Co-Chair of the Human Rights Institute of the International Bar Association.
Mr. Méndez has previously served as the President of the International Center for Transitional Justice (ICTJ) until 2009, and was the UN Secretary-General Special Advisor on the Prevention of Genocide from 2004 to 2007, as well as an advisor on crime prevention to the Prosecutor, International Criminal Court, between 2009 and 2010.

Learn more, log on to: http://www.ohchr.org/EN/Issues/Torture/SRTorture/Pages/SRTortureIndex.aspx

(*) Check the 2011 report on solitary confinement: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N11/445/70/PDF/N1144570.pdf?OpenElement orhttp://ap.ohchr.org/documents/dpage_e.aspx?m=103

UN Human Rights Country Page – United States of America: http://www.ohchr.org/EN/Countries/ENACARegion/Pages/USIndex.aspx

For more information and media requests, please contact Ms. Sonia Cronin (+41 22 917 91 60 / scronin@ohchr.org) or Ms. Stephanie Selg (+1 202 274 4378 / ssleg@ohchr.org) or write to sr-torture@ohchr.org.

For media inquiries related to other UN independent experts:
Xabier Celaya, UN Human Rights – Media Unit (+ 41 22 917 9383 / xcelaya@ohchr.org)
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Prisoner Undocumented Immigrants…The Nightmare of the American Dream

This letter was received, typed and emailed to CaliforniaPrisonWatch.org amongst its recipients, and is being posted here and possibly elsewhere:

By Juan Carlos Molina
CSP-Corcoran-SHU

I would like to take this moment to possibly enlighten you to a situation we as Hispanic Mexican Nationals would like to share with all of you. Our hope is to create discussion and ultimately change this sad reality. Due to being such a small population in California prisons, the majority do not understand or even realize (much less consider). Hopefully with this essay I’m able to express correctly, sufficiently, and effectively these little known conditions and bring attention to this issue. We suffer and struggle daily in a foreign land, where many of us do not even write, understand, or speak English.

This struggle not only involves Mexican Nationals in California, but also all undocumented immigrants in prison around this nation. Some of us are here doing life terms with no family or friends support (mentally, emotionally, economically, physically, etc.), the most basic of human conditions to be social. Think about this for a minute. For family members to visit us from Mexico requires an incredible amount of patience and hard work, and huge obstacles at the US-MEXICO border. 

For example, on my situation I haven’t seen my father, brothers, and some of my sisters since 1996. Why??-because my family couldn’t process the visas for them and couldn’t afford to pay the expenses to travel. In the past, I used to see my mother once a year. My family had to work and save money for my elderly mother to be able to come visit me just one time every year. Unfortunately, since 2007, my family couldn’t afford it anymore. So I haven’t seen the rest of my family since 1996, which is 14 years total and counting. 

This is just my example. Many more undocumented immigrants/Hispanics in prison suffer the same fate. Under life terms and some of us validated in the Security Housing Units (SHU), we may very well never see or hug our immediate family and friends. Imagine the suffering and heartache we endure??? Living life sentences inside ‘the grey box’ (SHU), under this daily struggle, under this psychological and physical torture 23 hours a day we wait to hear and receive news from our family back home.

Many of us came to the U.S. from very rural towns with little or no education and severely economically challenged areas in Mexico. As we can agree, many who come to the U.S. do so for the ‘American Dream’: Land of opportunity and a better way of life. A sacrifice for ourselves and our families back home. 

Due to having to put education on hold early in our youth to work and contribute to our family’s welfare, ultimately basic reading and writing much time is lost and thousands of us risk our lives and cross the border (breaking U.S. laws) and some of those thousands end up in prisons, detention centers, and jails across the nation. Fewer still get life terms that cuts off communication with family and limits it to phone calls (when rare monetary ability allows a phone call home) and letters (for those who can read and write).

This is some of what we endure and struggle with, maintaining communication: hope of seeing, speaking to, hearing the familiar voices, or hugging a family member one more time. Whatever the reason or situation, we as prisoners got caught up in the huge justice system of this mighty and powerful nation. Illiteracy, sadly, caused some to sing plea agreements for life terms unknowingly and unintelligibly and so, here we are, for life we exist… in prisons far away from family and friends back home in our country of origin. Not knowing how their lives are going (basic social interaction in an advanced, immediate access, social technical world) for years on end sometimes, is an exhausting struggle we endure. 
Not knowing English accentuates this lonely existence. We suffer alone, unable to afford even toothpaste or deodorant, indigent with no outside support.

Accordingly, I’ll now share the heavier and further sad facts affecting us undocumented immigrants (Mexican national prisoner class) in California prisons. Prison officials incorrectly clam us as gang-related, even though we (historically) no not involve ourselves with any gangs. 

Because we socialize with other Hispanics who speak our own language, we are now getting validated and segregated as participants or associating with prison gangs incorrectly by CDCR. As we all know, this is an extremely difficult and complicated situation as there is an already limited ability to challenge the validation and segregation or understand the already poorly worded rules and regulations.

Because we are only a few of the thousands validated and segregated we are still subject to these torture chambers, anti-social conditions, indeterminately housed in the SHU. As gang associates (incorrectly by CDCR), our already poor communication abilities with family and friends in our country is made worse by constant IGI interference and delays in mail distribution. These are the facts and the issues. We Hispanic Mexican nationals doing life terms seek your support and assistance along with and in solidarity with the prisoner’s peaceful Hunger Strike and the Core Demands.

We are as one within this struggle and in unity we ask all to include our one demand in solidarity with us….Which is a call for CDCR to simply comply with and for us to be identified under the international Treaty of Vienna Convention. The treaty was adopted by the United Nations conference held at Vienna on the twenty-fourth day of April in one thousand nine hundred and sixty three (April 24, 1963). Agreements that both the U.S. and Mexico signed. We also want to be included in the U.S./Mexico prisoner exchange program (currently as lifers, we are ineligible). We are a prisoner class that is in need of the humane and just treaty.

We Mexican nationals, seek this demand in solidarity with California prisoners: For lifers to be included in the prisoner exchange treaty and for CDCR to comply with the Vienna Convention international law. And our rights to be free from torture of indefinite solitary confinement (in the SHU).

Lastly, the California Prison Reduction and Cost Saving bill past recently and federal courts are mandating CDCR comply with it. We want included as a key issue, Mexican nationals and all undocumented immigrants be returned to their own country to do their time. Yet again, lifers are surely excluded , and not only that, but also CDCR will exclude us in segregated housing under erroneous gang labels.

The conditions and practices that imprisoned man, women, and children experience are in violation of the Universal Declaration of Human Rights, the United Nations Convention Against Torture, and the United Nations Convention on the Elimination of All Forms of Racial Discrimination

U.S. prison practices also violate dozens of other international treaties and fit the United Nations definitions of genocide.

See this article of the US Human Rights Network for the following citation:

Article 1 of the U.N. Convention Against Torture prohibits policies and practices that “constitute cruel, inhumane, or degrading punishment”. The history of international attention to this issue is compelling.

In 1995, the U.N Human Rights Committee stated that conditions in certain U.S. maximum security prisons were incompatible with international standards. 

In 1996, the HRW special reporter on violence against women took testimony in California on the ill treatment of women in U.S. prisons

In 2000, the United Nations Committee against Torture roundly condemned the U.S. for its treatment of prisoners, citing super-max prisons and the use of torture devices, as well as the practice of jailing youth with adults. The use of stun belts and the restraint chair was also cited as violating the U.N. convention against torture. 

In May 2006, the same committee concluded that the U.S. should “review the regimen imposed on detainees in super-maximum prisons. In particular, the practice of prolonged isolation”.


                                                          Respectfully
                                                        In Solidarity,
Juan Carlos Molina #K30854
C.S.P. COR-SHU 4B-2L-47
P.O. Box 3481
Corcoran, CA 93212