Harold Koh, legal advisor to the US State Department, went before the United Nations Human Rights Council (UNHRC) in November of last year and declared that the US is very proud of its human rights record. He responded to recommendations the UNHRC made in its universal periodic review of the United States’ respect for human rights. Koh said in the section addressing recommendations on criminal justice, “The U.S. criminal justice system rests on the protection of individual human rights and basic principles of due process and fair and equal treatment.” Prisoners striking at the Pelican Bay supermax prison in California are demonstrating to Americans and the world the scale of fraudulence behind the above statement.
On July 1, 2011, Pelican Bay prisoners began an indefinite hunger strike to protest the conditions in the prison. Across prison-manufactured racial and geographical lines, prisoners came together behind five core demands to force the prison officials to end the use of “group punishment”; abolish a “debriefing policy and the current criteria for determining who is and who isn’t a gang member; comply with the US Commission 2006 Recommendation Regarding an End to Long-Term Solitary Confinement and end conditions of isolation, make segregation a last resort, end long-term solitary confinement and grant access to adequate healthcare and sunlight; provide adequate food and stop using it as a tool to punish inmates; and expand constructive programming and privileges for indefinite SHU inmates.
SHU stands for “Security Housing Unit.” In some prisons, the SHU is called “the hole.” The SHU is a “prison-within-a-prison.” Solitary Watch explains the SHU became more widely used after two guards were killed in the Marion, Illinois, federal prison in 1983. That led to the Marion Lockdown with prisoners being “confined to their cells without yard time, work or any kind of rehabilitative programming.”
Other prisons followed suit, and in 1989 California built the first supermax—Pelican Bay. There was a supermax boom in the 1990s, and today, 40 states and the federal government have supermax prisons holding upwards of 25,000 inmates. Tens of thousands more are held in solitary confinement in lockdown units within other prisons and jails. There’s no up-to-date nationwide count, but according to best estimates, there are at least 75,000 and perhaps more than 100,000 prisoners in solitary confinement on any given day in America.
Dolores Canales, whose son has been in the SHU in Pelican Bay for ten years and is participating in the strike, explains the SHU is “like a dungeon.” It is a “cell block within a cell block.” The walls are soundproof, the floor is cement, there cells are windowless, there are a few dime-sized holes in a metal door and prisoners in the SHU are locked down nearly twenty-three hours of the day.
She says her son was recently transferred from Corcoran SHU to the Pelican Bay SHU and is “very well-known.”
“He’ll stick up to the officers, like if something is done unjustly. And the correctional officers do not like that,” Canales shares. “He’s taken some stuff in court and challenged different issues in the prison system and he doesn’t stop.”
More than a week later, the strike continues. The number of Pelican Bay prisoners striking is unknown, for various reasons, but what is known is that the prisoners’ hunger strike has inspired resistance and solidarity in other California prisons. As of Friday, July 8, the California Department of Corrections and Rehabilitation reports 6,600 prisoners in at least 13 state prisons joined the hunger strike, including the Folsom, Tehachapi, Centinela, Calpatria and San Quentin state prisons.
Isaac Ontiveros of the Prison Hunger Strike Solidarity coalition reports on one hunger striker, who says, “We feel the CDCR will not make meaningful changes in policy unless this strike gets so severe that prisoners start dying. But we are in this until our demands are met.”
A prisoner in the Pelican Bay SHU has written a letter detailing why he and others are protesting conditions. He explains the resistance is being organized to protest “the denial of our human rights and equality via the use of perpetual solitary confinement.”
The Supreme Court has referred to “solitary confinement” as one of the techniques of “physical and mental torture” that have been used by governments to coerce confessions (Chambers v. Florida, 309 U.S. 227, 237-238 (1940)).
In regards to PBSP-SHU, Judge Thelton E. Henderson stated that “many if not most, inmates in the SHU experience some degree of psychological trauma in reaction to their extreme social isolation and the severely restricted environmental stimulation in SHU” (Madrid v. Gomez, 889 F. Supp. 1146, 1235 (N.D. Cal. 1995)). Not surprisingly, Judge Henderson stated that “the conditions in the SHU may press the outer bounds of what most humans can psychologically tolerate” and that sensory deprivation found in the SHU “may well hover on the edge of what is humanly tolerable for those with normal resilience” (Madrid, 889 F. Supp. at 1267, 1280)…
… Solitary confinement, by its very nature, is harmful to human beings, including prisoners,1 especially for those of us prisoners whose isolation is perpetual based solely upon our status as an associate or member of a gang. In theory, our detention is supposedly for administrative “non-disciplinary” reasons. Yet, when I asked one of the prison staff why is it we are not afforded the same privileges as those gang affiliated inmates in a Level 4 general population (GP), I was told that “according to Sacramento,” we don’t “have shit coming” and that it is the department’s “goal of breaking” us down. Thus, our treatment is clearly punitive, discriminatory and coercive…
What is most striking in reading testimony from prisoners like Martinez or individuals working to provide prisoner support to those seeking reform in the prison is how the description of prison conditions and prisoner treatment sounds like a story from Abu Ghraib, what detainees experience at Baghram prison in Afghanistan or life for a “terror suspect” detained indefinitely at Guantanamo Bay in Cuba. It is starkly similar to the inhumane treatment and torture that the US seeks to get away with abroad, the kind of violations of human rights that a number of Americans probably believe do not happen here at home.
The prisoners have mounted a strike to call attention to the disciplinary and administrative abuse they are being subjected to where they are thrown into the SHU because they do something a guard doesn’t like or they are accused of being an active gang member. Once a prisoner is accused of being a gang member, in many instances, that prisoner ends up in the SHU, whether the information is accurate or not.
Molly Porzig, a Critical Resistance representative in the Prisoner Hunger Strike Solidarity coalition, details, “SHU assignments affect sentence lengths in two very severe ways: when you get placed in the SHU, you can’t earn “good time” credit and so that means prisoners with fixed or determinate sentence are released later than they would’ve been if they never went to the SHU.”
Additionally, “There is an unwritten rule that prevents any lifer in the SHU from being granted a parole date. So, for prisoners with a SHU commitment, that means the only way to get out of the SHU is to ‘debrief’ or die.” And, if you are a lifer that gets placed in the SHU, your sentence is automatically “converted to life without the possibility of parole, which is a different sentence than what the judge originally gave you. “
“Debriefing” or dying are two main ways that someone can get out of the SHU and “debrief” means that if you have information on people who are members of gangs you can tell the guards and if you have good intelligence you can get out of the SHU. The people you name will then likely end up in the SHU. It’s very similar to how information has been obtained through torture at Guantanamo. Detainees at Guantanamo provide the information interrogators want so they can stop being tortured; prisoners in the SHU make up stories about individuals in the prison to get out of the SHU.
USA Today’s Kevin Johnson reported in December 2006, “Although an estimated 5% of California’s inmates are housed in solitary confinement — also known as “administrative segregation” — 69% of last year’s suicides occurred in units where inmates are isolated for 23 hours a day, according to state Department of Corrections records.” About half of the suicides that year were in units where inmates are held in isolation.
So far, it is difficult to confirm whether the prisoners are facing repercussions or escalated administrative and disciplinary abuse from the prison guards. A representative with California Prison Focus reports there has been ransacking of cells and that guards have been taking away artwork and newspapers from prisoners.
Clyde Young, a revolutionary communist who has been working with organizers supporting the prisoners, expresses concern over the fact that now, ten days after the beginning of the strike, the prisoners may fall ill from the hunger strike and die.
“I’m very concerned with the situation that exists because the hunger strike began on July 1st because I heard recently that two prisoners—I heard this from a mother who has two sons in Pelican Bay, where she indicated that they’ve been put into intensive care,” Young reports. “One thing to keep in mind is that medical conditions are horrendous. Many of the prisoners don’t even want to be treated by the prison doctors.”
As with Guantanamo Bay, there exists a distinct possibility that prisoners are force-fed, which is torture in and of itself.
Young says support is gathering but not fast enough in order to force the prison officials to meet the demands that the prisoners have put forward which are entirely just and legitimate demands. Not only could prisoners be force-fed or die from hunger striking but they could die and be force-fed and prisoners’ families and the public might not know be informed about it. And this, Young suggests “puts a tremendous responsibility on us to build a movement that is so massive that they are forced to meet the demands of the prisoners.”
He concludes, “If you look at the kinds of conditions that Bradley Manning has been subjected to or prisoners at Guantanamo or conditions at Abu Ghraib that prisoners have been subjected to, these are conditions that no human should be subjected to. I don’t care where it is or what justification is given for it. No human being should be subjected to the kinds of conditions that human beings have been subjected to, which are nothing less than torture in Guantanamo,” in prisons abroad, and in prisons “right here within the borders of the US.”
“This tells you something about the character of a country that is willing to subject human beings to these kinds of conditions anywhere they are. I don’t care where they are. I don’t care what kind of crime that a person has supposedly committed. There is no reason for them to be subjected to conditions of torture.”
*Check back for more updates and coverage of the Pelican Bay prisoner hunger strike.



29 Comments

Sign the petition over at Change.org to support the prisoners on hunger strike at Pelican Bay state prison.
My personalized message:
I have a responsibility, as a journalist who claims to be dedicated to the preservation of American civil liberties, to speak up and inform others on what these brave and courageous prisoners are doing. Nobody should have to serve their sentence being dehumanized the way these prisoners are being dehumanized.
Thank you for this diary. I’ve heard it said that you can judge the quality of a civilization by the way it treats its prisoners. If that is so, our civilization is in terrible trouble.
Koh said in the section addressing recommendations on criminal justice, “The U.S. criminal justice system rests on the protection of individual human rights and basic principles of due process and fair and equal treatment.”
Never play poker with a professional liar.
I have to say, I’m not so sure about this. Watch some of the “Lock Up” shows on weekend MSNBC. See some of the people at Pelican Bay. Find out why they’re there. Lots of them are crazy, murderous, and irredeemable. That said, I would be in favor of allowing more exercise time, reading materials, etc. And some form of noise suppression. The noise of places like the SHU would surely drive me insane.
It is people who think like you, that prevents reasonable and intelligent independents from joining the democratic party and the good causes that they fight for. This is not a good cause. Our prisons are too lenient. That’s part of the reason they are so full. Your viewpoint is as far out to the left as the Tea Party is to the right. I wish you no ill, but also no success in your efforts.
You’re not so sure about what? Not sure they shouldn’t be dehumanized?
Rickster,
(1) Thanks for coming guns a-blazing after me for thinking like I do.
(2) I don’t care if I make people run from the Democratic Party. I do not pay dues to the Democratic Party and I think the Democratic Party has bigger problems than young adult journalists who blog about prisoners resisting inhumane conditions in prisons
(3) The Democratic Party, if successful, would not make the prisons less full. So, even if I was sabotaging the efforts of the Democratic Party, you would have to offer proof that the Party was even remotely interested in taking care of the mass incarceration of 2.3 million people in this country.
Finally, (4) your attempt to minimize my view by placing me on the American political spectrum is undermined by the fact that you have an empty argument against my post. You offer no argument against calling attention to the solitary confinement, segregation, etc that these prisoners are subjected to on a daily basis.
It’s disappointing that people like you, rickster, would cower and run from attempts to challenge the policy of solitary confinement (torture) of prisoners, especially ones who are arbitrarily subjected to this kind of punishment, especially those that are subjected to administrative or disciplinary abuse in a manner similar to the way that Guantanamo detainees are treated by guards in that prison.
Kevin,
Thanks for proving my point.
sadly, I have to agree with you rickster. Prison guards have tough thankless jobs. And they make squat. he very least we can do is protect their lives.
I agree. As long as the rest ofthe prison population and the guards are protected.
Please. Defend solitary confinement. I would like to hear from you on why guards have to subject prisoners to conditions that are tantamount to torture.
Defend solitary confinement. That’s essentially what you are doing by dismissing this post.
You agree people have to be dehumanized in prison?
I agree with Beach Populist. As long as others can be protected. Someone’s right to exercise does not trump the rights of others to be safe.
Beach, on the noise suppression which I agree would seem critical. there would really only be two ways to do that, suppress those making the noise or build the walls thicker to suppress whatever noise the noisemakes make. Does a noisemakes right to make noise trump the rights of others to live with relative peace?
Do you support the torture of prisoners?
I was just at a talk this evening given by a human rights worker and heard the that person’s first-hand observation of people in US prisons. The worker said that people in prison are so systematically dehumanized that they respond very positively to the simplest, basic interactions we take for granted as minimal or “normal.” So, people in prisons are routinely treated like objects and in a negative way. The worker said that they observed that just showing any basic form of respect for another human being blows the prisoners’ minds in a nice way. Can one imagine this life fraught with fundamental degradation if one has not actually gone through it themselves? TV will now show you the reality that prison is not about the self-respect of guards and wardens or there for their protection; it is about burying the humanity of the incarcerated. A way to connect with this reality and find out about it for yourself is to go get the required background check then to work in a prison as part of a humanitarian outreach program. I wager this experience will change the world of anyone daring enough to examine and test their own attitudes and assumptions with first-hand experience.
I suggest that you actually visit a prison yourself, rather than take anyone else’s word.
I know professionals persons cleared in different states who do this work and do public presentations about what they do as one can’t otherwise get inside a prison without either being a state-board licensed attorney working on criminal cases, a prison worker (e.g. guard or warden) or being a prisoner themselves. So sorry, I am going to give the the gong, as you missed the legal qualification information as you are so unfamiliar with the realities of the prison system which shows that you are clearly “talking out of school.”
By no stretch of the imagination does anything related to Pelican Bay shine “light on true character of US prison system.’
California is a nation-state of 33+ million people, among whom are some unbelievably savage fuck-ups, of which California keeps about 200 in an unbelievably expensive prison called Pelican Bay. Not a single one is there until he has attacked and attacked and attacked other prisoners and guards in other facilities.
Kevin, you have a very great deal to learn about crime and prisons. There are many, many things to fix in our society, and certainly in our criminal justice system, but the notion there’s a bunch of civil rights abuses in P-Bay suggests you are criminally ignorant of the problem(s) to be dealt with, the resources for doing so, and the attempts made and lousy choices on hand.
While you’re at it, be sure to study prisons in other countries.
I’m thinking in terms of sound suppression construction elements. There are probably practical problems to putting sound proofing in cells because inmates have a proclivity to put anything that isn’t concrete to ulterior uses, whether to make weapons, clog toilets, or set on fire. However, using noise dampening materials in certain common areas, esp. high ceilings, would help considerably. Issuing prisoners noise cancelling headphones might also be a possibility.
Shame on MSNBC for even airing “Lock Up”, it’s one of the things that makes them not much better than Fox News. It’s sensational, “reality” TV at its worst.
Many people in California’s prisons became crazy, murderous and irredeemable from the treatment they’ve endured while incarcerated.
Thanks, Kevin, for this post. There is not much in the MSM about it at all. Will be checking back for updates.
To those folks who support the prison guards.
How many have family inside? I do. I also have had family inside as political prisoners, in northern Ireland. I also note the Democratic Party apologists meme.
The Democrats turned their backs on the poor long ago.
Simple fact and simple reality.
Kevin, I will contact the Jerico organization about this.
Send them some books written by
BOBBY SANDS
There is no ethical justification for the inhumane treatment of people in any circumstance (and, yes, I have personally met the man in the below video and examined him and his story):
“Oslo Freedom Forum – Palden Gyatso (Part 1 of 3)”
Yes, pattye, thank you.
“On July 1, 2011, Pelican Bay prisoners began an indefinite hunger strike to protest the conditions in the prison. ”
Kevin, thank you so much for shining the light of day on some of this stuff. This subject is very close to my heart.
Hunger striking in a prison is a next-to-impossible activist statement, and I commend the inmates as well for their resolve, in spite of probably (I am assuming here) abuse and discouragement from fellow inmates as well as staff.
Recommended.
Excellent post, gannon
That is an absolute lie.
You are attaching sentiments you see and hear on television to what is actually occurring. The constant invasive tactics used by prison has only perpetuated this cycle of hatred and violence performed by inmates.
Before you spread your knowledge of crime and prisons, stop looking at the graphs with such a keen eye as you might miss what is taking place. Until you realize how much influence the guards really have on the violence which occurs ‘on the yard’, you should not be one to comment on what is occurring. The actions of guards will lead to tension which will ultimately erupt in the forms of attacks and violence. Violence also becomes a part of the game when your side gives you an order which cannot be denied or refused under any circumstances.
The existence of the CDC and prisons is inhumane in and of itself. Any payment for a crime which is charged as a time away from society aids nothing. Although I am glad to see you recognize the ills of criminal justice system, I see you cannot grasp the entirety of this issue.
Related link, not directly although excellent thing to take into consideration. http://www.thiscantbehappening.net/node/545
I know the prison system all too well.