Prisoner Hunger Strike Solidarity is
a coalition based in the Bay Area with international supporters of
prisoner rights advocates, lawyers, family & community members and
anti-prison activist organizations. The coalition and hunger strike
was initiated by prisoners in Pelican Bay State Prison. Coalition
partners include: Legal Services for Prisoners with Children, All of
Us or None, Campaign to End the Death Penalty, California Prison
Focus, Prison Activist Resource Center, Critical Resistance,
Kersplebedeb, California Coalition for Women Prisoners, American
Friends Service Committee, and a number of individuals throughout the
United States and Canada. Visit their blog for updates on the hunger strike at http://prisonerhungerstrikesolidarity.wordpress.com/
Dear Friends & Comrades
On Monday, September 26th, prisoners at Pelican Bay & Calipatria State prisons will resume the hunger strike that started on July 1st.
The strike lasted nearly four weeks, as thousands of prisoners refused food to protest the torturous conditions and practices of the California Department of Corrections (CDCR).
After weeks of inadequate & bad-faith negotiations with CDCR officials, prisoners have decided the only way to get the changes they need is to risk their lives again.
CDCR officials have been preemptively cracking down on support & participation for the hunger strike.
Prisoner Hunger Strike Solidarity is calling on supporters everywhere to help amplify the voices of prisoners on hunger strike once again. Please help us use any & all forms of social media to make the voices of the hunger strikers loud & clear.
In Solidarity,
Prisoner Hunger Strike Solidarity
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Gearing up for Round 2 of Hunger Strike, CDCR Threatens Strikers
Posted on September 23, 2011 by prisonerhungerstrikesolidarity
On Monday, September 26th, prisoners at both Pelican Bay & Calipatria will resume the hunger strike to stop the torturous conditions of Security Housing Units (SHUs)
Prisoners first went on hunger strike on July 1st for nearly four weeks, until the California Department of Corrections & Rehabilitation (CDCR) agreed to begin implementing some of the prisoners’ five core demands. The strike became one of the largest prison strikes in California history–stretching across a third of the California’s prisons (at least 13 State prisons), including more than 6,600 prisoners at its height.
However, the CDCR’s response has been inadequate to say the least, giving prisoners & their families false hope of timely substantial change and an end to torture. For a detailed summary of the CDCR’s response to the strike, and why Pelican Bay prisoners are resuming it, read “Tortured SHU Prisoners Speak Out: The Struggle Continues.”
CDCR officials seem to be preemptively cracking down on prisoners in anticipation of the strike and have publicly said they were preparing to take harsh actions against strikers. Illustrating the CDCR’s hard-line stance, Undersecretary of Operations Scott Kernan said in a recent interview, “If there are other instances of hunger strikes, I don’t think the Department will approach it the same way this time around.”
Lawyers who have recently visited Pelican Bay have taken testimony from SHU prisoners who have been retaliated against by prison officials for their participation in this summer’s strike. “Prisoners are receiving serious disciplinary write-ups, usually reserved for serious rules violations, for things like talking in the library or not walking fast enough,” says Carol Strickman, a lawyer with Legal Services for Prisoners with Children, “It’s clear that prison officials are trying to intimidate these men and to make them ineligible for any privileges or changes that may be forced by the strike.”
It’s these sorts of responses from the CDCR & forms of retaliation that show us prisoners are not recognized & treated as human beings, are constantly abused & tortured by the CDCR, and that the CDCR has no intention of stopping this. The prisoners clearly have no other recourse but to risk their lives, again.
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Tortured SHU Prisoners Speak Out: The Struggle Continues
September 2011
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, inspite 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 an 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.
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 ge ta 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!!
f. 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 not say 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 means less 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 still
need 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.
[1]See Cal. Code of Regulations, Title 15, Section 3000, “Disruptive Group-1 means any gang, other than a prison gang.”
[2]
“People” what’s right is right, and we the people, should not, and will
not, compromise ours, and families, health, safety, and security, to
let CDCR continue to violate our human and constitutional rights and
U.s. international law. This is wrong, and we the people need to end
these evil inhumane violations! If not now, when? The time is now!!!
