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 

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

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)