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Sunday, April 20 2014 @ 12:44 AM CDT

Pelican Bay, California: Prisoners reject CDCR proposal; threaten new hunger strike

The Short Corridor Collective at Pelican Bay State Prison has asked us to publish a letter denouncing the reforms proposed by the California Department of Corrections and Rehabilitation (CDCR). The collective remains in steadfast opposition to the proposal, which they rejected in March of this year. This statement responds to the CDCR’s July proposal revision, saying: “We remain 100% opposed to CDCR’s revised proposal for the same reasons stated publicly [last March].” More pointedly, it also says: “We cannot accept the garbage proposal from CDCR!”

Pelican Bay, California: Prisoners reject CDCR proposal; threaten new hunger strike

The Short Corridor Collective at Pelican Bay State Prison has asked us to publish a letter denouncing the reforms proposed by the California Department of Corrections and Rehabilitation (CDCR). The collective remains in steadfast opposition to the proposal, which they rejected in March of this year. This statement responds to the CDCR’s July proposal revision, saying: “We remain 100% opposed to CDCR’s revised proposal for the same reasons stated publicly [last March].” More pointedly, it also says: “We cannot accept the garbage proposal from CDCR!”

This latest rejection does not come softly, as it also threatens “return to non-violent, peaceful protest actions in the form of indefinite hunger strike and no work” if the CDCR doesn’t shift directions and revamp the reforms to appeal to the internationally recognized human rights framework.

Short Corridor Collective letter:

Greetings from the Pelican Bay Short Corridor Collective to all who stand with us in solidarity and support our struggle to force an end to this nation’s draconian practice of subjecting tens-of-thousands of prisoners to the torture of long term isolation cells… via an ongoing nonviolent peaceful effort, inside and out.

This is an update on the current status of our struggle here in California, wherein upwards of 14,000(+) prisoners are presently held in isolation cells, several hundred have been held indefinitely in isolation (SHU) cells for the past 10 to 30 years, solely based on “status”, rather than illegal behavior – specifically, on decades of SHU isolation is based on a CDCR gang classification label, i.e. “status of a label”, without ever being found guilty of committing a gang-related criminal act! Notably, our CDCR-OCS/IGI gang validations, and related decades of SHU torture, are based on what CDCR claims to be “intelligence-based evidence of criminal gang activity” consisting of: (a) innocent associational/political type activity; and/or (b) confidential prison informants “unsubstantiated allegations” of involvement in criminal activity!

We remain in the SHU and were not impressed after receiving and carefully reviewing CDCR’s June 29, 2012 revised proposal re: Security Threat Group Prevention, Identification and Management Strategy, which they plan to begin as a pilot program in October.

We remain 100% opposed to CDCR’s revised proposal for the same reasons stated publicly – in response to this March version, the proposal fails to meet our five core demands, and violates our October 2011 argument with CDCR undersecretary Kernan , wherein, among other things, we agreed to suspend our hunger strike activism in order to give CDCR additional time to change SHU policies and practices into a reasonable individual accountability/behavior-based system (e.g. SHU would be reserved for prisoners charged for, and found guilty of, committing a serious offense… a felony!).

Instead of this agreed-upon policy change, we patiently sit here for another year only to have CDCR come at me with more of the same garbage we rejected in March… Thereby making clear to us that obtaining real changes will require us to resume our non-violent, peaceful protest actions; in the form of a hunger strike and no work, protests to the death if necessary! Our decision to do so has not come lightly, and is supported by the following facts and circumstances.

Beginning in February 2010, we became united in our efforts to collectively expose and bring a peaceful end to the CDCR policies and practices reference above, based on our position that they constitute a form of torture, and a violation of basic human rights principles. This is when we created a “formal complaint” document, copies of which were sent to numerous lawmakers, organizations, groups and individuals, including former Governor Schwarzenegger and CDCR Secretary Cate. [To review our formal complaint, go to http://prisonerhungerstrikesolidarity.wordpress.com/formal-complaint/].

As of early 2011, the formal complain had resulted in no relief, and our conditions in SHU had become more oppressive! Therefore, we decided that our sole avenue for gaining the mainstream exposure and outside support for our case – to end our torture – was for us to put our lives on the line via peaceful protest hunger strike action. In May/June 2011, we served governor Brown, and Secretary Cate with another copy of a formal complaint and our final notice of the July 1st hunger strike (with the five core demands, available now at www.prisons.org; click on Prisoners’ 5 Core Demands in the left column).

True to our words, we began our hunger strike July 1, 2011, which lasted until July 20, 2011 (and included supportive participation by more than 6,600 prisoners across the state). Our hunger strike action was temporarily suspended on July 20th, in response to our face-to-face negotiation with CDCR Undersecretary Scott Kernan, et al, who admitted early on in the process that our five core demands “were all reasonable”, and CDCR “should have made changes twenty-years ago”… and who promised to make timely, substantively meaningful changes, responsive to all five demands.

All parties understood that CDCR needed to change policies so that SHU confinement would be reserved for prisoners who are charged with, and found guilty of, committing a serious rule violation, meriting a determinate SHU term! (i.e. a system based on individual behavior).

As of early September 2011, we believed CDCR was not acting in good faith resulting in our return to hunger strike on September 26, 2011. The response was for CDCR to take retaliating actions, including the subjection of fifteen of us to additional torture (Todd Asher, C58191; Arturo Castellanos, C17275; Charles Coleman, C60680; Mutope Duguma/James Crawford, D05996; Sitawa Nantamu Jamaa/Dewberry, C35671; J. Brian Elrod, H25268; George Franco, D46556; Antonio Guillen, P81948; Paul Jones, B26077; Louis Powel, B59864; Paul Redd, B72683; Alfred Sandoval, D61000; Danny Troxell, B76578; James Baridi Williamson, D34288; and Ronnie Yandell, V27927). We were placed into more isolative Ad-Seg strip cells, without adequate clothing or bedding, and with ice-cold air blasting out of the air vents! Then Warden Lewis informed us, “as soon as you eat, you can go back home to your SHU cell.”

This second hunger strike action was joined by more than 12,000 prisoners at its peak! It was again temporarily suspended on October 13, 2011, after CDCR made a presentation of their good faith efforts toward making the policy changes agreed to in July… which was satisfactory to our outside mediation team.

Between October 13, 2011 and now, the CDCR has failed to honor their end of our prior agreements to substantively change SHU policies and practices, no such policies and practices are in line with our five core demands; and they have made it clear that they have no intension of doing so… by moving forward with their June 29, 2012 revised proposal, in spite of our March 2012 written opposition to their related March proposal – and presentation of our counter-proposal (available here).

Our outside mediation team and the Prison Law Office also presented CDCR with related written opposition to the proposal (mediation team statement available here; PLO opposition available here). In typical fashion, the CDCR totally disregarded the above referenced oppositions and counterproposal!

At this point, we remain opposed to CDCR’s proposal based on their refusal to bring the policies and practices at issue into line with our five core demands, as demonstrated by the below, briefly summarized, examples:

Core demand #1 – “Eliminate group punishments…” CDCR’s revised proposal fails to honor this demand and makes it clear that prisoners validated as STG-I Members will automatically be subject to indefinite SHU confinement… until they successfully complete the four year minimum step-down program, or debrief (see CDCR’s June proposal at p#22). This is status-based group punishment!

Core Demand #2 – “Abolish the debriefing policy and modify active/inactive gang status criteria…”. The main points of this demand are: (a) the debriefing policy is illegal! Especially in the context of subjecting SHU prisoners to indefinite, progressively more torturous conditions for the purpose of coercing them to become state informants (which in turn, places them and their families in serious danger!); and, it produces fabricated allegations from prisoners desperate to get out of SHU!! (b) prisoners being denied inactive status, and release to General Population, based on CDCR, OCS-IGI’s version of “intelligence”-based documentation of involvement in gang activity (i.e. innocent associational/political type activity; and/or, confidential prisoner debriefer-informants “unsubstantiated allegations” of involvement in illegal activity), without any formal changes being filed!We’ve repeatedly made it clear that SHU confinement must be reserved solely for prisoners who are charged for and found guilty of serious rule violation – meriting a reasonable determinate SHU-term! This is non-negotiable!!

CDCR’s revised proposal fails to honor this demand by maintaining their illegal debriefing policy; and, making it clear that SHU-STG prisoners will remain indefinitely confined in SHU “… based upon intelligence and/or confirmed behaviors” (see proposal, pp# 7, 8, 9); “…while in the program, if the STG-I Member (or Associate), exhibits STG behaviors, staff shall report the behavior using appropriate documentation. Once documented by the IGI the subject will be referred to the STG-Committee and ICC for a program, privilege or housing review. The behavior may lead to a loss of privileges, retention in the currest step, or regression to a previous step.” (Id. Proposal at P# 34)… “Documentation may be in the form of disciplinary reports, compelling changes, confidential memorandum and/or other sources documenting behaviors and intelligence”. (Id. Proposal, p# 21). Sound familiar? It should, because it’s the same policy and practice used and abused by CDCR, OCS-IGI for the past 13 years to deny us inactive status!! (See CCR Title 15, at pp# 2020-222 re: basis for denying inactive status!).

This constitutes a blatant violation of our October 2011 agreement and is 100% unacceptable!!

Core demand #3 – Comply with the recommendations of the US Commission on Safety and Abuse in Prisons (2006), calling for an end to long term solitary confinement…”CDCR’s revised proposal makes a mockery of this core demand! The authors of the proposal insult everyone’s intelligence by changing titles and words, while actually changing nothing re: policies and practices at issue that have been used and abused repeatedly… resulting in our subjection to decades of torture in these SHU/Ad-Seg solitary cells!! Importantly, if the proposal is allowed to stand, it will result in many more prisoners being subject to the torture of long term isolation by way of the STG designation(s), and related criteria for indefinite placement in SHU!! All prisoners across the state need to make a collective stand and peacefully protest this proposal, because it will adversely impact all prisoners and our loved ones outside!!

We have made it clear that we shouldn’t have to jump through more hoops to be released from SHU! We’ve already been tormented and tortured in SHU for decades!! The Step-Down Program should be for prisoners serving determinate SHU terms to be able to shorten their SHU term; it should be no more than eighteen months from start to finish; needs to begin with meaningful incentives that include the ability to earn time off their sentence, opportunity for out-of-cell contact with other prisoners, regular phone calls and contact visits, and programs that prepare the prisoner for return to, first general population and ultimately civilian life!! We oppose CDCR’s proposed version of a Step Down Program… Four years is too long, and the incentives are a joke!!

The above points illustrate CDCR’s failure to act in good faith in response to our five core demands, and related agreements with CDCR Undersecretary Kernan, et al, during our July-October negotiations! Last year we made it clear to CDCR, and the world, that we were drawing the line and would no longer silently accept the torture upon ourselves and our loved ones outside! We let it be known that our plan was to use non-violent, peaceful protest activity in the form of an indefinite hunger strike – to the death if necessary – in order to achieve our goal of forcing an end to CDCR’s illegal policies and practices at issue, via our own sacrifice, and related mainstream expense and solid outside support! We’ve had some success regarding worldwide exposure, and we have solid outside support standing with us in solidarity… And – we have patiently pursued all available avenues to try and get CDCR to honor our reasonable demands; and presently, our final avenue is an open letter to governor Brown, asking him to order Secretary Cate to get right! If this is not successful, we will have no other option than to return to non-violent, peaceful protest actions in the form of indefinite hunger strike and no work!!

We cannot accept the garbage proposal from CDCR! We cannot allow the four prisoner deaths in support of our cause to be forgetting and many of us are fully committed to making the same sacrifice if need be to force meaningful changes to this corrupt system… and we will be serving CDCR with our notice of intent to resume our peaceful/non-violent protest actions in the near future, and if CDCR continues to refuse to act right on our five core demands, as spelled out above!!!

We want to extend our heartfelt appreciation to all of our outside supporters, including but not limited to the people with the following organizations: LSPC, CPE, Rock, SF Bayview, CFASC, JRA Advocate, Center for Human Rights and Constitutional Law (CHRCL), and Center for Constitutional Rights (CCR), Amnesty International. The latter two organizations have selflessly supported our cause via the March filing of our UN petition (CHRCL), and the May filing of our class action suit (CCR et al); these efforts are greatly appreciated, and are very beneficial to our cause (e.g. helping provide continued worldwide exposure, etc, etc, etc)!! However, the UN hasn’t acted on our petition, and the Federal Court process moves very slowly… The bottom line is: We are ultimately the ones responsible for continuing to force reforms via our collective efforts in here!!! It’s time to move forward and make it happen!!!

In memory of: Johnny Owen Vick, Hozel Alonzo Blanchard, Christian Gomez, and Alex Machado, who made the ultimate sacrifice for our cause (PBHRM)… make no mistake, none of us wants to die, but, we are prepared to, if that’s what it takes to force a real reform!!!

Onward in struggle, with solidarity and respect
PBSP Short Corridor Main Representatives

Todd Ashker,
Arturo Castellanos,
Antonio Guillen,
Sitawa Mantambu Jamaa (Dewberry)

http://prisonerhungerstrikesolidarity.wordpress.com/2012/12/17/prisoners-reject-cdcr-proposal-threaten-new-hunger-strike/#more-2166

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