STATEMENT OF PRISONER REPRESENTATIVES ON SECOND ANNIVERSARY OF Ashker v. Brown SETTLEMENT

Oct 14, 2017 marks the 2 year anniversary of the approval of the Ashker settlement. We celebrate our victory in the Ashker case, in which virtually all of the over 1600 prisoners then languishing in indeterminate SHU were released to General Population. This victory was achieved through 3 hunger strikes and the non-violent legal and political action of thousands of California prisoners, their families, supporters, and their attorneys.

However, unfortunately our general monitoring is due to run out after two years unless the Court grants an extension. We believe that CDCR is still engaged in constitutional violations that deny prisoners due process and seeks to put us back in the hole, for many, indeterminately under the guise of Administrative SHU.  Our attorneys will seek an extension of the agreement due to CDCR’s systemic violations of the Constitution.  We don’t know what the Court will do, but we do know that prisoners and their families have to re-energize our human rights movement to fight against the continuing violations of our rights. Examples are:

·       CDCR’s continued misuse of Confidential Information to place prisoners back in the SHU, particularly with bogus conspiracy charges;

·       The lack of out of cell time, programming and vocational programs in Level 4 prisons. The last letter of CDCR stands for rehabilitation, and there is almost no rehab programs and opportunities in the level 4 prisons. They function like modified SHUs;

·       The denial of parole to lifers and Prop 57 prisoners who have clean records simply because of old, unconstitutional gang validations and CDCR’s illegally housing us in SHU for years;

·       The turning of the Restrictive Custody General Population Unit which was supposed to be a GP unit where prisoners who had real safety concerns could transition to regular GP, into a purgatory where the only way out is to either debrief or die;

·        CDCR promulgation of new regulations which gives the ICC discretion to put people back in the SHU, allows for many prisoners to be placed in the future in indeterminate Administrative SHU, or to be placed in the RCGP on phony safety concerns.

We must stand together, not only for ourselves, but for future generations of prisoners, so that they don’t have to go through the years of torture that we had to. We need all prisoners – young and old -to make our collective outcry public to ensure that the victory that we have won is not reversed by CDCR behind closed doors. Ultimately, we are the ones who are responsible for leading the struggle for justice and fair treatment of prisoners. That is why we entered into the historic Agreement to End Hostilities, and why it is so important that the prisoner class continue to stand by and support that agreement. We cannot allow our victories to be nullified by CDCR’s abuse of power, and may have to commit ourselves to non-violent peaceful struggle if CDCR continues on its present path.

We need everyone- prisoners, their families and the public – to send comments on CDCR’s proposed regulations to staff@aol.ca.gov, send emails and letters urging Gov Brown to sign Assembly Bill 1308*, make sure that prisoner complaints about unfair treatment are publicized, and to work together to rebuild our prisoners human rights movement.

We cannot let CDCR increase its use of prolonged solitary confinement either by misusing confidential information to place prisoners in SHU on phony conspiracy charges, or through increasing the use of Administrative SHU. As the Supreme Court stated over one hundred years ago in the 1879 case of Wilkerson v. Utah,  it is “safe to affirm that punishment of torture… and all others in the same line of unnecessary cruelty are forbidden by that [the Eighth] Amendment.” The admired historian Howard Zinn noted the application of that decision to the modern SHU:  “All we need then, is general recognition that to imprison a person inside a cage, to deprive that person of human companionship, of mother and father and wife and children and friends, to treat that person as a subordinate creature, to subject that person to daily humiliation and reminder of his or her own powerlessness in the face of authority… is indeed torture and thus falls within the decision of the Supreme Court a hundred years ago.”

    Sitawa (S/N Ronnie Dewberry), Arturo Castellanos, Todd Ashker, George Franco

* AB 1308 became law on Oct 11, 2017 

The Agreement to End Hostilities in its 4th Year: Read and Spread the Word!

From the Prisoner Human Rights Movement:
Today it is four years since the Agreement to End Hostilities was issued from the Pelican Bay SHU by the PBSP-SHU Short Corridor Collective and the Representatives Body. The text of the Agreement stands strong, and we encourage you all to spread the word and keep to it. It is and has been the basis of our success in fighting for our human rights. United we stand!

Agreement to End Hostilities in Spanish and English (flyer to download)

Statement to the Streets and All Youth Lock-ups, from Youth Justice Coalition, and Agreement to End Hostilities in English (flyer to download)

Statement to the Streets and All Youth Lock-ups, from Youth Justice Coalition in Spanish and English (flyer to download)

August 12, 2012

To whom it may concern and all California Prisoners:

Greetings from the entire PBSP-SHU Short Corridor Hunger Strike Representatives. We are hereby presenting this mutual agreement on behalf of all racial groups here in the PBSP-SHU Corridor. Wherein, we have arrived at a mutual agreement concerning the following points:

1. If we really want to bring about substantive meaningful changes to the CDCR system in a manner beneficial to all solid individuals, who have never been broken by CDCR’s torture tactics intended to coerce one to become a state informant via debriefing, that now is the time to for us to collectively seize this moment in time, and put an end to more than 20-30 years of hostilities between our racial groups.

2. Therefore, beginning on October 10, 2012, all hostilities between our racial groups… in SHU, Ad-Seg, General Population, and County Jails, will officially cease. This means that from this date on, all racial group hostilities need to be at an end… and if personal issues arise between individuals, people need to do all they can to exhaust all diplomatic means to settle such disputes; do not allow personal, individual issues to escalate into racial group issues!!

3. We also want to warn those in the General Population that IGI will continue to plant undercover Sensitive Needs Yard (SNY) debriefer “inmates” amongst the solid GP prisoners with orders from IGI to be informers, snitches, rats, and obstructionists, in order to attempt to disrupt and undermine our collective groups’ mutual understanding on issues intended for our mutual causes [i.e., forcing CDCR to open up all GP main lines, and return to a rehabilitative-type system of meaningful programs/privileges, including lifer conjugal visits, etc. via peaceful protest activity/noncooperation e.g., hunger strike, no labor, etc. etc.]. People need to be aware and vigilant to such tactics, and refuse to allow such IGI inmate snitches to create chaos and reignite hostilities amongst our racial groups. We can no longer play into IGI, ISU, OCS, and SSU’s old manipulative divide and conquer tactics!!!

In conclusion, we must all hold strong to our mutual agreement from this point on and focus our time, attention, and energy on mutual causes beneficial to all of us [i.e., prisoners], and our best interests. We can no longer allow CDCR to use us against each other for their benefit!! Because the reality is that collectively, we are an empowered, mighty force, that can positively change this entire corrupt system into a system that actually benefits prisoners, and thereby, the public as a whole… and we simply cannot allow CDCR/CCPOA – Prison Guard’s Union, IGI, ISU, OCS, and SSU, to continue to get away with their constant form of progressive oppression and warehousing of tens of thousands of prisoners, including the 14,000 (+) plus prisoners held in solitary confinement torture chambers [i.e. SHU/Ad-Seg Units], for decades!!!

We send our love and respects to all those of like mind and heart… onward in struggle and solidarity…

Presented by the PBSP-SHU Short Corridor Collective:

Todd Ashker, C58191, D4 121
Arturo Castellanos, C17275, D1-121
Sitawa Nantambu Jamaa (Dewberry), C35671, D1-117
Antonio Guillen, P81948, D2-106

And the Representatives Body:
Danny Troxell, B76578, D1-120
George Franco, D46556, D4-217
Ronnie Yandell, V27927, D4-215
Paul Redd, B72683, D2-117
James Baridi Williamson, D-34288. D4-107
Alfred Sandoval, D61000, D4-214
Louis Powell, B59864, D2 – 117
Alex Yrigollen, H32421, D2-204
Gabriel Huerta, C80766, D3-222
Frank Clement, D07919, D3-116
Raymond Chavo Perez, K12922, D1-219
James Mario Perez, B48186, D3-124

[NOTE: All names and the statement must be verbatim when used & posted on any website or media, or non-media, publications.]

LETTER WRITING LAUNCH to end harmful “security / welfare checks”

STOP SLEEP DEPRIVATION in CA Solitary Units in Pelican Bay SHU and Women’s Death Row

Please write letters to Lindsay Hayes, the suicide expert who’s endorsed this harmful practice by CA Dept. of Corrections.  Hayes can stop the “security/welfare checks.” We want Hayes to hear the voices of the women and men affected by these torturous checks, and we ask you to be the messengers.

Use these templates and prisoner quotes, and send to the listed addresses:

 Write to:
Lindsay M. Hayes

40 Lantern Lane
Mansfield, MA 02048

Copy to:
Matthew A. Lopes, Jr.
Pannone Lopes Devereaux & West LLC
317 Iron Horse Way, Suite 301
Providence, RI 02908

If possible, send us a copy of your letter, either by U.S. mail or email:
PHSS Committee to End Sleep Deprivation
P.O. Box 5692
Eureka, CA 95502
phssreachingout@gmail.com

The negative health consequences of inadequate sleep ha[ve] been extensively documented and nowhere in the literature is there a report on as severe a disruption in sleep as is occurring in the Pelican Bay SHU.”
– Dr. Jamie Zeitzer, internationally recognized sleep expert, Oct. 2015

Guards are jarring prisoners awake every 30 minutes, all day and night, in Central California Women’s Facility death row and in Pelican Bay SHU with noisy so-called  “security/ welfare checks,” causing severe sleep deprivation. These checks are purported to be ‘suicide prevention,’ yet are being used as a blanket practice, whether prisoners are suicidal or not, and despite the fact that denial of sleep is devastating for the human mind and body.

This is torture. We are being emotionally, mentally and physically battered by the security checks throughout the nights.” 20 death row prisoners in Central California Women’s Facility (CCWF)

People need sleep for survival, mental and physical health and well-being, and to organize for their human rights.

Continue reading

Prisoner Human Rights Movement BLUE PRINT

(FULL BLUE PRINT pdf- all docs-284pgs)
Overview
Table of Contents
Blue Print core document
Appendix

BLUE PRINT

The declaration on 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 in its resolution 3452 (XXX) of December 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 his or a third person’s information or confession, punishing him for an act he has committed or is suspected of having committed, or intimidating him or other persons.”

FREEDOM OUTREACH PRODUCTION
December 1, 2015

 

PRISONER HUMAN RIGHTS MOVEMENT
#1
Blue Print Overview

California Department of Corrections and rehabilitation (“CDCr”) has systemic and dysfunctional problems that run rampant state-wide (within both Cal.’s Women and Men prisons), which demand this California government to take immediate action and institute measures to effect genuine tangible changes throughout CDCr on all levels.

The entire state government was notified and made aware of this “Dysfunctional” CDCr prison system in 2004 when its own governmental CIRP blue ribbon commission (authorized by then Governor Arnold Schwarzenegger) reported this finding and fact. (See http://www.immagic.com/eLibrary/ARCHIVES/GENERAL/CAGOV_US/C040600D.pdf; also see Prison Legal News article, “CA Corrections System Officially Declared Dysfuntional.”)

However, this CDCr state of “dysfunction” was not new to the massive number of women, men and youth being kept warehoused in CDCr, because they face it daily. (See Cal. Prison Focus News, 1990s-Present, Prisoner Reports/Investigation and Findings; San Francisco Bay View News Articles; ROCK & PHSS Newsletters, etc.)

During the historic California Prisoners’ Hunger Strikes (2011-2013), tens of thousands of men and women prisoners in CDCr’s solitary confinement torture prisons, as well as a third of the general population prisoners, united in solidarity in a peaceful protest to expose this dysfunctional system officially reported in 2004 by the CIRP.

The Prisoner Human Right’s Movement (PHRM) Blue Print is essentially designed to deal with identifying and resolving primary contradictions by focusing on the various problems of CDCr’s dysfunction, including (but not limited to) the following areas… [read full OVERVIEW Here]

 

TABLE OF CONTENTS for Blue Print

OVERVIEW by Sitawa Nantambu Jamaa

Prisoner Human Rights Movement BLUE PRINT

Prisoner Human Rights Movement (“PHRM”)

PHRM Principle Negotiators, Reps, Plaintiffs, Local Councils

I. Monitoring Reports on 33 State Prisons

II. Monitoring Implementation of the Ashker v. Brown Settlement Agreement

III. Instituting the Agreement to End Hostilities

IV. Legal PHRM Political Education

V. Freedom Outreach

Conclusion

APPENDIX

All Appendices can be found at www.prisonerhumanrightsmovement.org

#1 (A) Five Core Demands; &
(B)
Agreement to End Hostilities

#2 Second Amended Complaint, Ashker v. Brown

#3 Supplemental Complaint, Ashker v. Brown

#4 Settlement Agreement, Ashker v. Brown

#5 PHRM’s Principle Negotiators’ Statements on 2nd Anniversary of the Agreement to End Hostilities

#6 (A) Example Monitoring Report w/ Exhibit; &
(B)
Example Monitoring Record

#7 (A) CA Assembly Public Safety Committee Legislative Hearing on CDCr SHU policy, 8/23/2011
(B)
CA Joint Legislative Hearing on CA Solitary Confinement, 10/9/2013

#8 – Mediation team publications

(A) Mediation Team Memorandum on Meetings with CDCr Officials, (3/26/12)
(B) Mediation Team Memorandum on Meetings with CDCr Officials, (3/15/13)
(C) Mediation Team Memorandum on meetings with CDCr Officials, (2/20/15)

#9 – PHRM LEGAL PRISON ACTIVISM EDUCATION Packets*:

(A) LEARN TO PROTECT YOUR RIGHTS
(B)
MEMORANDUM ON UNCONSTITUTIONALITY OF CDCR’s STG/SDP (Feb. 2015)

* To receive Educational Materials (Appendix #9), please write and send, for the cost of the mailing, either eleven dollars and fifty cents ($11.50) or the equivalent in postage stamps to:

Freedom Outreach/PHRM
Fruitvale Station
PO Box 7359
Oakland, CA 94601-3023

 

PRISONER HUMAN RIGHTS MOVEMENT

We are beacons of collective building, while clearly understanding that We, the beacons, must take a protracted internal and external retrospective analysis of our present-day prisons’ concrete conditions to forge our Prisoner Human Rights Movement (PHRM) onward into the next stage of development, thereby exposing California Department of Corruption and Repression (CDCr)/United States Prison System of Cultural Discrimination against our Prisoner Class. This is why our lives must be embedded in our determined human rights laws, based on our constructive development of the continuous liberation struggle via our scientific methods and laws. Therefore, through our Prisoner Class, the concrete conditions in each prison/U.S. prisons shall be constructed through our Prisoner Human Rights Movement.

Continue reading

April 23: Memorial for Hugo “Yogi” Pinell

Members of The San Quentin 6 – Sundiata Tate, Bato T. and David Johnson – with Brother & Sister Comrades Present A Memorial for Hugo “Yogi” Pinell


We are taking this day to embrace and hold dear to our hearts the dedication of Hugo “Yogi Bear” Lyon Antonio Pinell (March 10, 1944 – August 12, 2015), beloved former San Quentin 6 political prisoner, who dedicated his life to becoming a revolutionary, and was the embodiment of the transformation into the New Man.

“Comrade George Jackson and Comrade Hugo Pinell, one Black and one Latino, were the living examples of the unity that can and must exist among the prisoner class.” – “The Black Panther Party and Hugo Pinell,” Nov. 29, 1971 edition of The Black Panther, Courtesy Billy X Jennings, ItsAboutTimeBPP.com, SF BayView, August 14, 2015.

Hugo “Yogi” Pinell and George Jackson organized for racial unity in prison, laying the foundation for the CA prisoners’ August 12, 2012 Agreement to End Hostilities between ethnic groups, which made possible the CA Prisoner Hunger Strike of 2013 by over 30,000 CA prisoners and 100’s more nationwide. This helped lead to the historic 2015 settlement ending indefinite solitary confinement in CA. Hugo was assassinated on the 3-year anniversary of the Agreement to End Hostilities.

Yogi was the person held longest in solitary confinement in the U.S., in solitary in California 45 years and 10 months.

“The only way he survived was that this man was full of love.”Kiilu Nyasha, on Hard Knock Radio, August 13, 2015

All are welcome.  Free.  Food will be served.
Childcare will be provided.  Wheelchair accessible event.

FACEBOOK:  Memorial for Hugo “Yogi” Pinell

Build Unity: Don’t let CDC undermine the Agreement to End Hostilities

by Jalil Muntaqim   Sept. 18, 2015

The hunger strike victory – settlement of the class action suit against solitary confinement – is fantastic, but now, more hard work confronts them all. They will continue to be in a relentless fight to prevent COs (correctional officers) from destroying the unity and continued political determination of the vision for prison reform in California.

'Free Jalil Muntaqim' graphicObviously, there will come a time in which the prisoners will need to essentially rebrand, identify and complete what they started – the five demands – and to ensure the sustainability of organizing as well as build capacity to grow the work into a substantial statewide political campaign for prison reform. I sincerely hope they will consider this victory as a tactical victory, not a strategic one – especially when parole decisions continue to be constricted and there is an ongoing need for more programs that serve to support prisoners for their return to the community.

In fact, I hope they will begin the process of floating a proposal to broaden the overall campaign for prison and parole reform and ultimately end mass incarceration – demand abolition. If they can successfully make this transition, they will certainly create the paradigm for the country to replicate.

One of the first things that must be done as part of the transition and to move the prison-cultural-psychological determinant forward would be to educate the prison and public about how the state will seek to undermine their success. For example, publications should have issues solely devoted to incidents in which state officials (COs) attempt to undermine the Agreement to End Hostilities.

I hope they will begin the process of floating a proposal to broaden the overall campaign for prison and parole reform and ultimately end mass incarceration – demand abolition. If they can successfully make this transition, they will certainly create the paradigm for the country to replicate.

It is these testimonies and examples of fight-back that can serve to strengthen the capacity to build unity and uniformity in the fight. Secondly, this would broaden the future vision of the campaign from the inside out and then the outside in. I imagine family members and loved ones will want to concentrate on parole issues and prison medical and health concerns as the next major issues to be tackled.

Jalil Muntaqim

Jalil has been imprisoned since 1971 when, at the age of 19, he was active in the Black Panther Party and the Black Liberation Army. He spent from 1975-77 in San Quentin before being sent to New York state prisons. Send our brother some love and light: Anthony Bottom, 77A4283, Attica Correctional Facility, P.O. Box 149, Attica, NY 14011-0149.

This was published in the SF Bay View:
http://sfbayview.com/2015/09/build-unity-dont-let-cdc-undermine-the-agreement-to-end-hostilities/

Sept. 23rd Statewide Coordinated Actions To End Solitary Confinement: Locations & Details

Wed, Sept. 23 ACTIONS by Location
alphabetical order)

 the Bronx, NY –  Crescent City, CA (Pelican Bay) – Los Angeles, CA –   Nationwide for Yom Kippur – Oakland, CA –San Diego, CA – Santa Cruz, CA

If you still don’t see your locale, we haven’t received the details or YOU just might need to set up a simple action where you are!!  Here are two resources with ideas to mark the day:
http://www.cjpc.org/2015/CEPS-Action-Packet-final.pdf
http://www.nrcat.org/torture-in-us-prisons/together-campaign

Statewide Coordinated Actions To End Solitary Confinement (SCATESC) has a PHSS Facebook Event page.  SCATESC’s growing list of Co-sponsors and Endorsers is below.  Look soon for a website launch for ‘Together to End Solitary’, the nationwide collaboration

Sept. 23 Locations & Details

the BRONX, NY:
All are welcome to join this monthly demonstration against the torture of solitary confinement.  New York Campaign for Alternatives to Isolated Confinement (CAIC) asks you to lend NY_Together Sept. 23 Flyer_Page_1support to abolish Solitary Confinement in New York State.
Here’s the Bronx Flier & NY Solitary Fact Sheet
Bronx Action Details
Time:  6:00pm EST
Location:  corner of White Plains Rd and Gunn Hill Rd, Bronx, NY 10467
For more info, email caicny@gmail.com
Website: http://nycaic.org/
Facebook event: https://www.facebook.com/events/435402853327387/
#HALTSolitaryConfinement

 

CRESCENT CITY , CA:
Headed to demonstrate outside Pelican Bay State Prison (Crescent City, CA)

Sleep Deprivation is Torture”
Please join us on Wednesday, Sept 23rd to protest the sleep deprivation torture that began on the night of Aug 2nd in Pelican Bay SHU, perpetrated by the guards. People in SHU cannot escape the constant noise, and they can’t sleep. It’s torture and it’s really hurting them.

We plan to set up across from Pelican Bay in protest of the 30 minute so-called welfare checks, the guards’ bogus excuse for the sleep deprivation. These “checks” happen 48 times a day, keeping people in SHU sleep deprived DAY & NIGHT.

Want to join us?  We will have a banner and music and information (you can learn, if you don’t know much about solitary).  People have been writing letters, sending emails, and making phone calls about the sleep deprivation, which seems to be retaliation for two successful lawsuits settled on behalf of prisoners.∗

The men inside will learn of our solidarity action which, we hope, will lift their spirits.

We will leave for Crescent City from Eureka on Wednesday morning and come back in the evening. Also, we will be demonstrating against CA prisons entombing people in solitary confinement, period.
Crescent City Action Details
Time:  Carpool from Eureka about 9:00am PST
Protest  12:00pm – 5:00pm PST

Location: across from Pelican Bay, 5905 Lake Earl Dr, Crescent City, CA 95532
For more info, call  707-267-4249
Contact Name: Verbena
Contact Email: phssreachingout@gmail.com
#CAHungerStrike #StopSolitary #Together #SleepDeprivationIsTorture #StopSolitaryCA

 

LOS ANGELES, CA:
If the SHU Fits – Sept 23 Voices to End Solitary Confinement  If the SHU Fits – Voices from Solitary Confinement is a play which uses the history, use of, and statistics about solitary confinement in the United States to paint a broad picture of the practice. But the heart of the play comes from letters, articles, statements, stories and commentaries from those imprisoned and their family members, as well as legal and SHU923v3-LAcommunity testimony.On Sept 1, 2015 an historic legal settlement was announced between CA and prisoners held in isolation for 10 years or more at Pelican Bay State Prison, calling for the end of the use of solitary confinement for people based on alleged prison gang affiliation.  Despite that, the struggle is not over.Come join us to learn more about the ongoing efforts to end solitary confinement and to take action yourself!
HERE‘s the Los Angeles flier!
Los Angeles Action Details

Time: 6:30 pm
Location: St. John’s United Methodist Church 1715 Santa Ana Blvd, Los Angeles, California 90002
Facebook Event: https://www.facebook.com/events/997504186975480/
Website: iftheshufits.net
For more info, call 310-704-3217
Contact email: info@iftheshufits.net

 

NATIONWIDE FOR YOM KIPPUR:
T’ruah: The Rabbinic Call for Human Rights is asking people to dedicate their fast for Yom Kippur (which is on Sept. 23rd) to people in solitary and to educate themselves.
‪#‎StopSolitary‬ ‪#‎Together‬ ‪#‎StopTorture‬

Unfortunately, for many people in America, being alone–continuously–is a daily reality. Between 80,000 and 100,000 incarcerated persons in solitary confinement are alone for 23 hours a day. In support with those who face isolation, activists around the country have dedicated the 23rd of every month as a day of action and solidarity. This month, the 23rd is Yom Kippur. T’ruah is calling on Jews across the country to dedicate their fast to those who suffer in prolonged solitary confinement and renew their commitment to ending it.

Full Invite including Resources from T’ruah about solitary confinement
Website: www.truah.org
Contact email: office@truah.org
For more info, call: (212) 845-5201

 

OAKLAND, CA (two actions, day & night):
Oakland Daytime Action
The big banner and new placards will put attention on the horrendous noise at Pelican Bay SHU 24/7, caused by the ‘wellness checks’.
SLEEP DEPRIVATION = TORTURE
The architecture of the SHU at Pelican Bay amplifies the slamming of the pod doors, the guards clambering up and down the tiers as well as the beeper and wand action by guards. The interpretation of these wellness checks by Pelican Bay staffers is unacceptable. Turn out to hear the latest and sign up for our emergency response network.
Daytime Oakland Action Details
Time: 11:30am – 2:00pm
Location: in front of the CA State Building, 1515 Clay St, Oakland, CA 94612
(between 14th and 15th Streets)
Contact phone: 510-435-1898
Contact email: phssreachingout@gmail.com

Oakland Nighttime Action
Flying Over Walls will be hosting their Oakland LGBTQ+ Prisoner Letterwriting Nightagain in conjunction with Statewide Coordinated Actions To End Solitary Confinement – and discussing the recent Ashker v. Governor of California settlement, including what it means and what we are still fighting for.

As the SF Bay Area chapter of Black & Pink, our focus is to connect the non-incarcerated LGBTQ+ folks who participate in our events to B&P members in Northern California prisons.
Nighttime Oakland Action Details
Time: 6:30pm – 8:30pm PST
Location: The Flight Deck, 1540 Broadway, Oakland, CA 94612
Website: https://flyingoverwalls.wordpress.com/about/
Facebook Event: https://www.facebook.com/events/1635556230055874/

 

SAN DIEGO, CA:
We will be out talking with people and providing information to END SOLITARY CONFINEMENT and promote the AGREEMENT TO END HOSTILITIES. Please come join us for an hour after the work day.
San Diego Action Details
Time: 6:30pm – 7:30pm PST
Location: Rosa Park (park is next to the library) City Heights, San Diego  92105
Contact Person: Martha Esquivel
Contact Email:  emartha42@yahoo.com

 

SANTA CRUZ, CA:
Join us on Wednesday September 23rd, 2015 in Santa Cruz as part of actions statewide throughout California and state-by-state nationwide.  We will have sign-making, leafletting, and a rally. Also:
Zines and other literature
•Security Housing Unit (SHU) / solitary model food tray
Updates on the landmark victory of Ashker v. Gov. Brown and Statewide Coordinated Actions To End Solitary Confinement in CA & nationwide
Readers’ Theater: plaintiffs’ statement on the settlement of Ashker v. Governor of California; women in and against solitary confinement.

On September 1, 2015 a landmark settlement ended indeterminate long-term solitary confinement in California prisons. The settlement may release 2,000 prisoners from solitary confinement. Let’s keep up the pressure to make sure it is implemented, and to end solitary confinement (15 days is torture), abusive prison conditions, and mass incarceration of the poor, particularly communities of color. 90% of people in the SHU in CA are people of color.

Sept. 5, 2015 is the 2-year anniversary of the suspension of the third nonviolent CA Prisoner Hunger Strike and work stoppage by over 30,000 prisoners. It was based on 5 Core Human Rights Demands and the Agreement to End Hostilities between all racial/ethnic and geographic groups in CA prisons, jails, and communities.
Santa Cruz Action Details
Time: 11:30am Sign-Making and Set Up
12 noon Leaflet and Talk with passersby
12:30pm – 2:30pm RALLY

Location: corner of Pacific Ave. and Cooper St., next to O’Neill’s, 110 Cooper St., Santa Cruz 95060
For more info, call  831-325-3251
Contact email: phssreachingout@gmail.com
Facebook Event: https://www.facebook.com/events/1685905584966193/

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“Our movement rests on a foundation of unity: our Agreement to End Hostilities.” [VIDEO included]

Statement of plaintiffs on settlement of Ashker v. Governor of California

Dated Aug. 31, 2015

This settlement represents a monumental victory for prisoners and an important step toward our goal of ending solitary confinement in California, and across the country.  California’s agreement to abandon indeterminate SHU confinement based on gang affiliation demonstrates the power of unity and collective action.  This victory was achieved by the efforts of people in prison, their families and loved ones, lawyers, and outside supporters.

Our movement rests on a foundation of unity: our Agreement to End Hostilities.  It is our hope that this groundbreaking agreement to end the violence between the various ethnic groups in California prisons will inspire not only state prisoners, but also jail detainees, county prisoners and our communities on the street, to oppose ethnic and racial violence.  From this foundation, the prisoners’ human rights movement is awakening the conscience of the nation to recognize that we are fellow human beings.  As the recent statements of President Obama and of Justice Kennedy illustrate, the nation is turning against solitary confinement. We celebrate this victory while, at the same time, we recognize that achieving our goal of fundamentally transforming the criminal justice system and stopping the practice of warehousing people in prison will be a protracted struggle.  We are fully committed to that effort, and invite you to join us.

Todd Ashker
Sitawa Nantambu Jamaa
Luis Esquivel
George Franco
Richard Johnson
Paul Redd
Gabriel Reyes
George Ruiz
Danny Troxell

“This litigation was led by the plaintiffs – those held in the SHU – from the beginning, not the lawyers, who properly understood their role as carrying out the strategy of those they represented to fight for their release and further their movement. It should be studied.”  Bret Grote, Attorney, Abolitionist Law Center

After decades in solitary they joined forces. Here’s what happened.

CA Prisoners Win Historic Gains with Settlement Against Solitary Confinement

Agreement reached in Ashker v. Brown ends indeterminate long-term solitary confinement in CA, among other gains for prisoners

FOR IMMEDIATE RELEASE – September 1, 2015
Prisoner Hunger Strike Solidarity Coalition

Oakland – Today, California prisoners locked in isolation achieved a groundbreaking legal victory in their ongoing struggle against the use of solitary confinement. A settlement was reached in the federal class action suit Ashker v. Brown, originally filed in 2012, effectively ending indefinite long-term solitary confinement, and greatly limiting the prison administration’s ability to use the practice, widely seen as a form of torture. The lawsuit was brought on behalf of prisoners held in Pelican Bay State Prison’s infamous Security Housing Units (SHU) for more than 10 years, where they spend 23 hours a day or more in their cells with little to no access to family visits, outdoor time, or any kind of programming.

“From the historic prisoner-led hunger strikes of 2011 and 2013, to the work of families, loved ones, and advocate, this settlement is a direct result of our grassroots organizing, both inside and outside prison walls,” said Dolores Canales of California Families Against Solitary Confinement (CFASC), and mother of a prisoner in Pelican Bay. “This legal victory is huge, but is not the end of our fight – it will only make the struggle against solitary and imprisonment everywhere stronger.” The 2011 and 2013 hunger strikes gained widespread international attention that for the first time in recent years put solitary confinement under mainstream scrutiny.

Currently, many prisoners are in solitary because of their “status” – having been associated with political ideologies or gang affiliation. However, this settlement does away with the status-based system, leaving solitary as an option only in cases of serious behavioral rule violations. Furthermore, the settlement limits the amount of time a prisoner may be held in solitary, and sets a two year Step-Down Program for the release of current solitary prisoners into the prison general population.

It is estimated that between 1,500 and 2,000 prisoners will be released from SHU within one year of this settlement. A higher security general population unit will be created for a small number of cases where people have been in SHU for more than 10 years and have a recent serious rule violation.

“Despite the repeated attempts by the prison regime to break the prisoners’ strength, they have remained unified in this fight,” said Marie Levin of CFASC and sister of a prisoner representative named in the lawsuit. “The Agreement to End Hostilities and the unity of the prisoners are crucial to this victory, and will continue to play a significant role in their ongoing struggle.” The Agreement to End Hostilities is an historic document put out by prisoner representatives in Pelican Bay in 2012 calling on all prisoners to build unity and cease hostilities between racial groups.

Prisoner representatives and their legal counsel will regularly meet with California Department of Corrections and Rehabilitation officials as well as with Federal Magistrate Judge Nandor Vadas, who is tasked with overseeing the reforms, to insure that the settlement terms are being implemented.

“Without the hunger strikes and without the Agreement to End Hostilities to bring California’s prisoners together and commit to risking their lives— by being willing to die for their cause by starving for 60 days, we would not have this settlement today,” said Anne Weills of Siegel and Yee, co-counsel in the case. “It will improve the living conditions for thousands of men and women and no longer have them languishing for decades in the hole at Pelican Bay.”

“This victory was achieved by the efforts of people in prison, their families and loved ones, lawyers, and outside supporters,” said the prisoners represented in the settlement in a joint statement. “We celebrate this victory while at the same time, we recognize that achieving our goal of fundamentally transforming the criminal justice system and stopping the practice of warehousing people in prison will be a protracted struggle.”

Legal co-counsel in the case includes California Prison Focus, Siegel & Yee, Legal Services for Prisoners with Children, Weil Gotshal & Manges LLP, Chistensen O’Connor Johnson Kindness PLLC, and the Law Offices of Charles Carbone. The lead counsel is the Center for Constitutional Rights. The judge in the case is Judge Claudia Wilken in the United States District Court for the Northern District of California.

A rally and press conference are set for 12pm in front of the Elihu M Harris State Building in Oakland, which will be livestreamed at http://livestre.am/5bsWO.

The settlement can be read on CCR’s website, along with a summary. CCR has also put up downloadable clips of the plaintiffs’ depositions here.  Read statement from plaintiffs.

Honoring Hugo “Yogi Bear” Pinell

Long live Hugo Pinell, who showed us the power of the human spirit, that love can survive and overpower hell on earth.

________________________________________________

Beloved political prisoner Hugo ‘Yogi Bear’ Pinell, feared and hated by guards, assassinated in Black August after 46 years in solitary
August 14, 2015   by Dr. Willie and Mary Ratcliff

Black August adds another hero and martyr to the roll.

From December 1970 to 2014, when he finally had a contact visit with his mother, Yogi was allowed to come out from behind the thick glass in the visiting room and touch a loved one only once: When he married Shirley, they were given 15 minutes together. She later died.

By some accounts, it was his first day on the yard after 46 years in solitary confinement when Hugo Pinell, affectionately known as Yogi Bear, was assassinated Aug. 12. The news sparked a victory celebration by  prison guards on social media: “May he rot in hell” and “Good riddens” (sic), they typed. Yogi was the only member of the San Quentin 6 still in prison, and his role in the events of Aug. 21, 1971, the day George Jackson was assassinated, has earned the guards’ incessant enmity ever since.

“This is revenge,” declared his close friend, fellow Black Panther veteran Kiilu Nyasha, on Hard Knock Radio Aug. 13. “They hated him as much as George Jackson. They beat him constantly, kept him totally isolated for 46 years – no window, no sunlight – but they could never break him, and that’s why they hated him.

“The only way he survived was that this man was full of love.” ….
Please read more of this excellent SF Bay View article
which includes “The Black Panther Party and Hugo Pinell”  from The Black Panther newspaper of Nov. 29, 1971

 

Hugo Pinell Presente!
August 14, 2015   by Isaac Ontiveros

….Hugo became a part of the Prison Liberation Movement, which saw the prison as a front of struggle connected to the global upsurge of oppressed people against colonialism, imperialism, and white supremacy.  This was a period of intense education, organizing, and resistance among imprisoned people—some locked up as political prisoners, some transformed while inside, nearly all targeted by prison administrations for their political stances and activism.  In 1971, Hugo, along with 5 other prisoners at San Quentin State Prison in California, were charged with raising a rebellion at the facility’s Adjustment Center, during which prisoner movement leader George Jackson was assassinated.  Several weeks later, actions commemorating the assassination of Jackson by prisoners at Attica went on to spark the massive rebellion at that prison.  The story and political trial of the San Quentin Six helped people across the planet to understand the conditions inside prison, the resistance of prisoners, and the connection across the walls that the Prison Liberation Movement was trying to make.

Hugo Pinell in 2001

Hugo Pinell would go on to spend over 40 years in the solitary confinement units used to punish prisoners and break up their social, political, and religious organizations—indeed, Pinell was the longest held prisoner in solitary confinement in California, before recently being released into the general population.  Despite the torturous conditions of solitary, Hugo remained steadfast politically, and tried to stay connected to people and struggle, inside and outside the prison.  Hugo participated in the recent California Prison Hunger Strikes and was vocal supporter of prisoners’ 2011 Agreement To End Racial Hostilities.   In his late 60s while on hunger strike, Hugo talked about his activism with journalist Kilu Nyasha:

I wasn’t prepared for a hunger strike, so I don’t know how well or how long I can hold on, but I had to participate…I don’t even think in terms of doing or saying something wrong, for that would strike against everything I live for: freedom, becoming a new man and the New World. So, Sis, this hunger strike provides me with an opportunity for change while also allowing me to be in concert with, and in support of, all those willing to risk their precious and valuable health.  ….
Please read more of this tribute from Critical Resistance
Hugo Pinell- Rest in Power

August 13, 2015  by Claude Marks

We are saddened by the news of Hugo Pinell’s death. Hugo Pinell always expressed a strong spirit of resistance. He worked tirelessly as an educator and activist to build racial solidarity inside of California’s prison system. ….

….As the California Prisons began to lock people up in long-term isolation and control unit facilities, Hugo was placed inside of the SHU (Secure Housing Unit) in prisons including Tehachapi, Corcoran and Pelican Bay. There, despite being locked in a cell for 23 hours a day, he continued to work for racial unity and an end to the torturous conditions and racially and politically motivated placement of people into the SHU. This work included his participation in the California Prison Hunger Strikes as well as supporting the Agreement to End Racial Hostilities in 2012.

At the time of his death, Hugo had been locked behind bars for 50 years yet his spirit was unbroken.
Please read the full writing, Hugo Pinell- Rest In Power

See Who are the San Quentin 6? flyer (from 1970’s) provided by Freedom Archives

Here is a link to the Freedom Archives San Quentin 6 collection 

brief poem by Luis ‘Bato’ Talamantez

Hasta Siempre Hugo
Solidarity forever
And we are saddened
Solidarity left
You when (it) should have
Counted for something and
What your long imprisoned
Life stood for
Now all your struggles
To be free have failed
And only death an
Inglorious and violent
Death has
Claimed you
At the hands of the
Cruel prison system
La Luta Continua

-Bato and the San Quentin 3

A short poem written by Hugo Pinell from a publication issued in 1995.

No
Matter
How long it takes,
Real Changes will come,
And the greatest personal reward
Lies in our involvement and contributions,
Even if it may appear that nothing significant
Or of impact really happened
During our times,
But it did,
Because
Every sincere effort
Is as special as every human life

-Hugo Pinell (1995)