Must punishment mean prison? Why are you asking?

September 21, 2013 by 9 Comments


In a recent television interview, Christiane Taubira, France’s Minister of Justice, was questioned about her personal philosophy of justice: “Is the mission of justice to punish delinquents?” The journalist repeated the question in different forms, emphasizing the word “punish”. Finally, the journalist added “some may feel that for you, an efficient justice system would put reeducation and reinsertion at the center?” Taubira answered immediately, “Why are you asking me this question?”

Does the act of punishing mean sending someone to prison, as the journalist repeatedly suggested?

Why pose such a question to Taubira? Because she has taken a strong stand against using public funds to contract private companies to build new prisons. These contracts would have eaten up 50% of the budget devoted to the penal system. Instead Taubira has abandoned this way and is instead toward using the funds for alternative sentencing programs, programs that have been proven to be more efficient in reducing violence.

These questions reappear in an emerging climate of crisis. While many magistrates, such as  Serge Pertolli, have argued “prison has never resolved anything in crime control,” the idea that the society must punish with prison is securely imbedded in the privatization of public services.

This is all relatively new for France. After World War II, the State’s power and right to punish existed in the service of rehabilitation. As Denis Salas explains, at that time, “what counted was to defend the delinquent in danger of exclusion in his or her own society.”

Today’s penal populism is built on opposite concepts. The victim and delinquent don’t belong to the same society, and social and economic situations have no relevance any more. Instead fear, largely fueled by the instability of economic crisis, should govern society.

Moreover, the project of penal populism is attached to the larger neoliberal project, which has impoverished many and deprived the society of its social structure through the privatization of social responsibility. The crime rate has not increased in France. In fact it has decreased, but violence is not on the decrease. Violence is gendered, marked and inflected with a neoliberal and patriarchal system of intimidation, which leads to societal destabilization through the disintegration of social cohesion in a globalized economy without a human face.

If we are to think about addressing root causes rather than merely astutely selected consequences, we must attend to the impoverishment and destitution of the notion of civil and societal care with messages of competition that have excluded so many.

 

(Photo Credit: Huffington Post)

Filed Under: General Tagged With: , , , , , , ,

Prisoners have visitors in France and in many other European countries

September 9, 2013 by 8 Comments

Prisoners have visitors in France and in many other European countries. The prison visitors are volunteers who respond to prisoners’ requests to have visitors. As a prison visitor explained: “We are not contracted, we are not entertainers, we come to share and we don’t come to judge the act that sent this person to prison but to meet with the person who is beyond the act. The act is his or her business, our goal is that this person breaks free from the spiral of losing self esteem.”

How does it work? When a person is incarcerated, he or she is informed about the possibility of having a prison visitor assigned, and then the prisoner has to send a request to the prison authorities.  The prison visitor commits to visit the prisoner regularly. The visit is confidential, takes place in cells reserved for meetings with lawyers, and may last from 45 minutes to one hour and thirty minutes.  For the detainee, this moment with the prison visitor is one rare instant without surveillance.

The association of prison visitors, ANVP, was created in 1932 and became state approved in 1951. It presently counts over 1500 members, not enough, they say, to guarantee the ideal ratio of 1 visitor per 20 prisoners. The president of the association, himself a prison visitor, explains that they are always looking for and recruiting volunteers. The age required is between 21 and 75 years old, and it takes about 2 months to be accredited after an interview and a police background check, followed by six months of probation with more training.  The main quality expected is to be able to listen: “We are here to listen. We are the wind coming from the outside.”

For prisoners in France, the outside world continues to exist and detainees remain full citizens. As Stephanie Balandras, director of “Les Baumettes” women’s prison in Marseille, explained, prison visitors “ensure that a detainee remains a citizen”.

In a democracy, everyone with citizenship has the right to vote. In France, as in most democracies in the world, detainees retain the right to vote. The right to vote is recognized by the European Court of Human Rights and the Council of Europe as an essential right in a democracy; its suppression is incompatible with a true democratic system of governance.

Among the 47 countries of the European Council, 19 have no restrictions on civic rights for detainees, 21 have some restrictions, mostly decided in court, and 7 states suspend the right to vote for detainees.

Meanwhile, in the United States prisoners lose their civic rights when convicted. Writing on the extension of the robotized war with the development of the American drone program, Barbara Ehrenreich quoted the US Secretary of Education who reported in 2010 that “75% of young Americans between the ages of 17 to 24 are unable to enlist in the military today because they have failed to graduate from high school, have a criminal record, or are physically unfit.” As African Americans fill the American prisons, they are losing their civic rights in greater proportion than Whites. There are no prison visitors to listen to them or help them retain a sense of belonging as they are pushed further to the margins.

According to Denis Salas, “The principle of human dignity is the reference on which lies the right to bend state power.” As one prison visitor put it, this principle has to come from the outside to the inside: “The prison visitor’s objective is to make each detainee aware of her or his own riches and deficits, and to help him or her to build their own project for the future”.

Let’s imagine more prison visitors in the United States, people who would help make American prisoners more visible, retain and develop their own humanity, and have their civic rights restored.

 

(Image Credit: Sentencing Project)

Filed Under: General Tagged With: , , , , , ,

At HMP Bronzefield, we were dismayed

August 30, 2013 by 22 Comments

Welcome to HMP Bronzefield, a “Private Finance Initiative”, or PFI, prison for women in southeast England. If you are a `women with complex needs’, a women who is both `vulnerable and violent’, you can expect to spend your time, years and years of it, in isolation, in a squalid cell.

That is the finding of an unannounced visit by Nick Harwick, the Chief Inspector of Prisons. In April he visited Bronzefield, and here’s part of his report: “HMP Bronzefield is a closed women’s local prison run by Sodexo Justice Services that at the time of this inspection held 446 women on remand or serving sentences ranging from a few weeks to life … At our last inspection in 2010 we reported:

“The prison held a small number of ‘restricted status’ women, some of whom had severe personality disorders. Their needs could simply not be met by the prison. One woman, who had exhibited unpredictable and violent behaviour, had effectively been held in the segregation unit for three years with very little human contact or activity to occupy her. The conditions in which she was held seemed likely to lead to further psychological deterioration and were completely unacceptable. There was little evidence that senior staff in the Prison Service had oversight of women segregated for long periods to ensure their conditions were humane. Bronzefield is not an appropriate place for women with these needs and there was a lack of a national strategy to manage women with such complex demands.

“We were dismayed that the woman who had already been in the segregation unit for three years in 2010 was still there in 2013. Her cell was unkempt and squalid and she seldom left it. Although more activities had been organised for her and better multi-disciplinary support was available, she still had too little to occupy her. Her prolonged location on the segregation unit amounted to cruel, inhumane and degrading treatment – and we use these words advisedly. The treatment and conditions of other women held for long periods in segregation was little better. Much of this was outside the prison’s direct control and required a national strategy for meeting the needs of these very complex women – as exists in the male estate. However, Bronzefield itself needed to do more to ameliorate the worst effects of this national failure.”

When Bronzefield opened in 2004, it was the first PFI prison for women in the United Kingdom. In their nine years of operation, they have not managed, or refused, to take into account `women with complex needs.’

Juliet Lyon, of the Prison Reform Trust, wondered, “Why in this day and age are women with such complex needs transported like cattle and dumped in prison, where one of the most damaged women is left to rot in some form of solitary confinement for five years?”

Frances Cook, Chief Executive of the Howard League for Penal Reform, was a bit more direct: “This shocking case of treatment, which appears to amount to torture, in an English prison should shame ministers who tolerate the over-use of custody for women and consequent poor treatment.”

It should should … but it didn’t. They loudly proclaim their opposition to violence in Syria but for `women with complex needs’ in their own backyards? Not so much.

Jan Sambrook, the Chair of the Independent Monitoring Board at Bronzefield, wrote, today, “We are … very concerned about the humane and fair treatment of a small number of such women. The discussion so far has been about one woman. This is not an isolated case … I, previous chairs, and members of the IMB have raised our concerns repeatedly about the women held long-term in the segregation unit. This is in direct contravention of National Offender Management Service (Noms) guidance, falls well below what is fair, decent and humane, and discriminates against female prisoners, as the special accommodation available to men is not provided for women … I’d like to emphasise that the concern is not just about the one woman being talked about today, but the wider issue of the holding of the small number of women who are potentially very violent, difficult and volatile but also vulnerable. Presently there are no dedicated facilities for the holding of these women such as those available in the male prison estate, meaning that they get held in what we consider unsuitable conditions, including being isolated for far too long. This is unfair and discriminatory.”

What do we know about women’s prisons? They have a higher ratio of people living with mental health illnesses and a higher ratio of people who have been sexually and otherwise abused. What else do we know about women’s prisons? If you’re a woman prisoner in the United Kingdom and you’ve got any problems, unlike in the male prison system, there’s nowhere to go but in a hole … for a long time.

Call it torture. Call it systematic as well. And please refrain from expressions of shock. This is not an isolated case; this is not about one woman or one prison; and none of this is new.

 

 

(Photo Credit: Martin Argles / The Guardian)

Filed Under: General Tagged With: , , , , , , , ,

Evolution of a scandal in France

August 29, 2013 by 5 Comments
Christiane Taubira announces new penal reform plan

Christiane Taubira announces new penal reform plan

Last Saturday the dispute between Minister of the Interior Manuel Valls and Minister of Justice Christiane Taubira concluded …  at least for now. First, Taubira responded to Valls’ letter by debunking the manipulation of numbers and ideas that were the basis of his attacks on her reform agenda. In so doing, Taubira underlined the dangers of exploitation in penal populism.

Then she announced the main points of her penal reform proposal. She called for an end to the “enfermer, enfermer sans cesse” (lock up, ceaselessly lock up) doctrine of the past 10 years when Nicolas Sarkozy was, first, Minister of the Interior and, then, President. In a speech to Europe Ecologie Les Verts, Taubira described these as ten years that had damaged French society, ten years of constant social tension, “of martial discourses, of great threats, of intimidating virility”.

The crux of Taubira’s reform is repeat sentences. About 58% of the offenders in France re-offend.  In response to this crisis, she proposed alternative sentencing, known as probationary sentencing, for any sentences under five years. Probationary sentencing would be used at the discretion of the judge.

Taubira further announced the official end of mandatory sentencing. She explained that her approach to reform is both serious and rigorous. To that end, she introduced a social component that would limit the “sorties seches” (or “dry releases”), releases that offer absolutely no personalized support.  The vast majority of releases from prison are of the “dry” variety.

In Europe, most sentences are short, anywhere from a few months to a few years. Nevertheless, the shock of incarceration, the shock at the series of humiliations, is enormous. Then the shock of being released without support is equally enormous and is considered a kind of second sentence. One third of the people in sheltered housing have been in prison before. Taubira amassed an array of measures and means to foster personalized assistance for former prisoners.

What lies behind Christiane Taubira’s announcement is a clear sign that we are witnessing the end of the pile of devastating penal laws passed in the last 10 years. Most, if not all, have just increased the tension between justice and society and increased the sentiment of malaise and insecurity.

The instrumentalization of victimhood in the political arena has changed the role of justice and served to construct a penal populism.

The latter has been used in the United States for political and economic purposes. It hurts and renders many people and communities more vulnerable. One should be particularly wary of the multiplication of laws after intense media coverage of crimes. For instance, the murder of Laci Peterson, eight months pregnant, in 2002 brought the Unborn Victims of Violent Act in 2004. Ever since, numerous pregnant women have been threatened and often wrongly convicted by this act. The consequences for pregnant women are dire, especially for poor women, and have affected reproductive rights in general.

The real scandal is the spread of poverty and social fractures, the real junction between the ruthless neoliberal global market and the population.

Christiane Taubira has to deal with a public opinion whose sentiment for “security” has been stirred up by the previous government, which shook the social solidarity system with its neoliberal privatization of public services. She is demonstrating that there is a way to get out of this logic of reactionary repressive system of punishment. In the end, she quoted the poet Rene Char “stupidity likes to govern…” She added that her goal is to destroy the methods that led to increased incarceration and have endangered the true security of a society.

 

(Photo Credit: Sebastien Calvet / Libération)

Filed Under: General Tagged With: , , , ,

A specter haunts Pennsylvania

August 28, 2013 by 15 Comments

 

Sharon Wiggins

Sharon Wiggins died in March. Wiggins was a 62-year-old Black woman living with serious health problems. But it wasn’t her health that did her in. What killed Sharon Wiggins was the criminal justice system in Pennsylvania. Sharon Wiggins died behind bars at SCI-Muncy, the maximum security and intake `facility’ for all women prisoners in Pennsylvania, as well as the site of its death row for women.

Wiggins entered Muncy at the age of 17, convicted initially to death and then, a few years later, to life without parole. She spent 45 years behind bars. When she died she was the oldest and the longest serving woman prisoner in Pennsylvania. That’s no mean feat. Pennsylvania has more prisoners who began as juvenile lifers than any other state in the Union. Effectively, this means Pennsylvania has more juvenile lifers than any place else in the world.

Reports suggest that Wiggins set out, early on, to improve her life, to atone for her crimes, sins, and mistakes. She finished a degree at Penn State and when on to tutor and to manage tutoring programs. She completed thousands of educational certificate programs. She mentored others; she took care of women and helped women grow, and not only women prisoners. Nancy Sponeybarger, a former counselor at Muncy, has said, “As I got to know her a little bit, she was the one person who always made me feel my humanity.”

On another occasion, Sponeybarger elaborated, “She’s grown into a really insightful, compassionate, capable older woman – despite all the odds, because it’s not like you have a ton of role models when you’re in prison, especially when you’re tossed in there as a little girl.”

Especially when you’re tossed in there as a little girl.

Last June, the U.S. Supreme Court ruled that it’s unconstitutional to sentence juveniles to mandatory life sentences without parole. Wiggins applied for release, and she and her lawyers and supporters hoped that she would be released, at last: “I want to know what it feels like to wake up by myself. Here, you live on public view. There’s always a big piece of glass on your door. I want to wake up by myself. I want to know how it feels to walk down the street. I want to know how it feels to sit in the car and hear the rain just beat down. I want to know how it feels to sit with my sister and have a cup of coffee.”

The State dragged its feet, and Sharon Wiggins died. She never got to know.

Pennsylvania leads the nation and the world in the incarceration of children for life without parole. Last year, nationally, close to 1600 people were serving out juvenile life sentences without parole. Of the girls, almost 80% reported physical abuse, and over 77% reported sexual abuse.

And it gets worse. Historically and immediately, juvenile justice institutions are designed for boys. They don’t work for boys, mind you, but for girls, they’re particularly and specifically toxic, lethal even. The research on this systematic `oversight’ is abundant and easily available.

“Custody for girls virtually guarantees that that their unique needs are not met and they react differently to their treatment than boys. Sentencing young girls to LWOP (life without parole) in adult court exacerbates girls’ unique issues in several ways. First, with the small number of women in the prison population, girls are often sent to women’s prisons with adult offenders rather than to separate units for youth offenders.  Girls are all too often subjected to sexual abuse and rape while in prison. Male corrections staff at women’s prisons may use coercive methods to initiate sexual relationships with inmates, or may abuse their position to obtain sexual favors. Sentencing girls to serve a life sentence in adult prison creates circumstances that are very traumatic and that should raise the specter of a punishment that is cruel and unusual.”

A specter haunts Pennsylvania, the specter of a punishment that is cruel and unusual, the specter of compassion and decency, the specter of justice for Sharon Peachie Wiggins. It is the specter of those children tossed in there as little girls.

 

(Photo Credit: Pittsburgh Post-Gazette)

Filed Under: General Tagged With: , , , , , , ,

Prison is torture!

August 25, 2013 by 7 Comments

 

Amid all the discussions of prison, people on the outside only rarely hear the voices of  the prisoners themselves. In a series of interviews with prisoners, Le Monde and the France Culture program  “24 hours in prison” attempted to give a somewhat autonomous audio space to those voices.

The arrival in prison is always a traumatic event. Hugo (56 years old now) describes his first arrival in prison, when he was only 16. He returned years later and spent 29 years altogether in jail. At 16, he was terrorized and felt deeply the foreign gaze that scrutinized his naked body with a simultaneous purpose of watching and penetrating. During the strip search, he was indeed penetrated. He felt that his body was being thrown to the lions.

The search is a form of punishment, says Helene who spent 11 months in pretrial custody. Hafed explains that he always accepted getting undressed but always refused what he calls “les à côtés”, the things on the side that are all kinds of penetrating searches. He paid for his resistance with many stays in solitary confinement. Djemel adds that there is nothing more humiliating than the search.

Helene remembers solitary confinement as a place where the image of the self disappears: “You are alone truly alone; nobody else is there.”

Solitary confinement is another humiliation within the punitive system that erases personality as it destroys prisoners’ bodies. Helene recalls that she started to lose her hair immediately after her incarceration. Her hair would stay in her hands; she cut her hair short with little school scissors.

Hugo says that he has 5 upper teeth and 6 lower teeth left. He adds, “Most of the people who land in prison are already poor and arrive with dental problems and living in confinement just aggravates the problems.” He admits that he even pulled some with a fork.

The body is malnourished in prison, thanks to the mediocre quality of the meals served by Sodexo. In 2009, the Sarkozy administration contracted with Sodexo to serve 27 French prisons. Prisoners often have to buy at excessively high cost additional food to ameliorate their poor ordinary diet.

“In 2003 before I had my problems. I weighed 75 kg. Now I am 50 and weigh 54 kg. Prison makes you ugly! Because you are in a constant state of humiliation,” explains Hugo.

Sport is often a way for prisoners to remedy the effect of the penal environment. Hafed explains: “You lift weights… In that way, you wipe clean the windows and let the backroom turn to trash.”  The body becomes even more mutilated. “Sport is not a matter of harmony,” explains Djemel, “You are in constant brutal relationship with sports.”

In France, as elsewhere, there are a large number of suicide attempts in prison: “Your body is in prison. You cut yourself to attract attention,” says Hugo. Desperation from the humiliating process entails mutilation but cutting is also a way to assert one’s personality and existence when facing the impossibly heavy and brutal weight of the penal system.

These prisoners’ testimonies are there to remind everyone that prisons today are designed to break their bodies and minds. As one prisoner said, “Prison is torture!”

 

 

(Photo Credit: Le Monde)

Filed Under: General Tagged With: , , , , , ,

Scandal in France! Prison as a last resort!

August 19, 2013 by 11 Comments

Christiane Taubira explains prison

Scandal in France! August 5th, at the beginning of the sacrosanct vacation month for the French, three “delinquents” who had not yet served their full sentences were released, due to lack of space in the overpopulated French prisons. The three men had been sentenced to 2 to 3 months in prison for light offenses. The decision to remit their time in prison was made by the public prosecutor department of Chartres/Dreux, in the western part of France.

Some politicians from the right decided to use this story to denounce the approach taken by the current Minister of Justice Christiane Taubira that departs from the previous government. Taubira wants to reform the system of sentencing, rather than keeping incarceration as the central remedy for all social problems.

Under Sarkozy, the State used the imagery of (in)security to call for tougher punishments on behalf of the victims. It developed a policy of prison expansion and the use of incarceration as incapacitation, along the lines of the United States penal system. Laws such as minimum mandatory sentences, until that time unknown in France, were proposed and passed, guaranteeing 4000 additional bodies every year on the assembly line to prison. These additional prisons ensured a smooth transfer of funds to private prison contractors, in particular Sodexo.

Christiane Taubira responded to her critics by denouncing the previous policies that created the current prison overcrowding crisis. But things got complicated when a letter by the current Minister of Interior Manuel Valls, who is in charge of police, to President Francois Hollande was leaked. In the letter expresses, Valls disagreed with his colleague Taubira, asserting that the individualization of sentence and the reduction of prison sentencing through alternative sentences should not be applicable for recidivists for whom he demanded tougher laws.

Manuel Valls voices a populist approach that tends to eliminate the individualization of sentencing, therefore edging closer to the American system of mass incarceration. Denis Salas, a law professor at the magistrate institute in France, argues for the importance of individualized procedure to avoid the mechanical effect of a law that prescribes incarceration as an unavoidable, or mandatory, sentence.  He explains: “The shock of incarceration, detention on remand, then the first incarceration as most of the suicidal attempts occur in the first weeks of imprisonment have irreversible effects.” Moreover, many reports have concluded, including the recent report “Conférence de Consensus de prevention de la recidive” (consensus conference on the prevention of recurrent offenses), that prison does not help prevent the recurrence of offenses. The report was handed to the current Prime Minister last February and contained 12 recommendations for better penal public policies that all call for reestablishing human dignity, rather than tougher laws.

If the real goal is to break the cycle of repeating offense, one can only encourage Christiane Taubira to continue her work to sustain a society that sees prison as a last resort. A repressive police force and criminal justice system only serves the market economy, erasing the lives of individuals and collectivities as it strips bodies of very social existence. In this `debate’ between human dignity and mass incarceration, where exactly is the scandal?

(Photo Credit: http://www.lemonde.fr)

Filed Under: General Tagged With: , , , ,

The political economies of mental illness, solitary confinement, and women’s labor

August 17, 2013 by 7 Comments

Sonya Hall, Amir Hall’s aunt.

Across the United States, people living with mental illness are sent to prisons, rather than hospitals, clinics or other health programs. In the last three decades, prisons and jails have become the single largest institutional residence for those living with mental illnesses. While this is more or less public knowledge, the prison and jail systems have steadfastly refused to address the new tsunami. Funding for mental health providers has not increased. If anything, it’s been sliced and diced. Guards and other staff have not received additional training to address the `new populations.’

And so …

And so, what happens is exactly what you expect would happen. Prisoners `manifest symptoms’ and are placed in solitary confinement, often for prolonged periods of time. Acting out is seen as acting up, and that means the hole. And for prisoners living with mental illnesses, that can, and often does, mean death.

In this theater of atrocity, women take a number of specific hits. Here’s one.

Meet Sonya Hall, Shaleah Hall, and Donna Currao.

Donna Currao is the wife of Tommy Currao. Tommy Currao is one of the `lucky ones’. Currao attempted suicide at least ten times in ten months in solitary confinement. He tried to overdose, to hang himself, to slash himself, using the metal inside of his hearing aid. For the last attempt, with the hearing aid innards, Currao was charged $500 for `destruction of state property.’ In New York, where Currao is imprisoned, irony is not dead.

Donna Currao pushed and pulled and pushed some more. She saw what was happening to her husband in solitary. She knew how to read the words and, even more, the silences, and she forced the State to do something as her husband lost both weight and words.

A few months ago, Donna Currao’s insistent organizing finally forced the State to send her husband to a psychologist, who diagnosed the prisoner as in serious need of help. He was moved from the hole to health treatment and now, a mere months later, is “1,000 times better.”

Donna Currao now wonders, “Why do we have to fight so hard to get them evaluated?”

Sonya Hall and Shaleah Hall also ask why. Sonya Hall is Amir Hall’s aunt. Shaleah Hall is Amir Hall’s sister. Both are now part of the United States’ version of Mothers of the Disappeared.

Amir Hall’s story is tragically short. He lived with severe mental illness. He would have outbursts. One outburst resulted in prison, for parole violation. He had outbursts in prison. That led, finally, to ten months in solitary. He never returned. As Shaleah Hall noted, watching a video of his `transfer’, “There was somebody who looked defeated, like the life was beat out of him. I don’t know who that person was. The person in that video was not my brother.”

Why? Why, when doctors and pretty much everyone else had diagnosed and recognized Amir Hall as someone living with severe mental illness was the young Black man `diagnosed’ by prison staff as not serious? Why? Why must Shaleah Hall and Sonya Hall now work so hard, so intensely, so long to get something that will not be justice and will not be healing but will be something? Why? Why must Donna Carao fight so hard to get something so obvious?

The populations targeted for incarceration are also targeted for intensive and extensive labor, none of which counts as labor. That population, the laboring non-laboring ones, is made up overwhelmingly of women. Who benefits from women’s non-laboring labor in the prison industrial factory system that shoves those living with mental illnesses into death holes?

 

(Photo Credit: Shannon DeCelle / ProPublica)

Filed Under: General Tagged With: , , , , , , ,

A specter haunts California

July 9, 2013 by 2 Comments

 


At some point California dreamin’ and going back to California turned into Golden Gulag California. One day, the gulag too shall pass. After the gulag, what will emerge, and who shall write that history? Today marks the second day of the California prisoners’ hunger strike. Some 30,000 prisoners have laid down their tools, in this instance their bodies, in what is reported to be the largest hunger strike in state history. Prisoners across the state have put their lives on the line.

The core demands are straightforward and eminently reasonable: end group punishments; abolish the whole gang identification and `debriefing’ apparatus; end long term isolation; provide adequate and nutritious food; expand and provide constructive programs and privileges for those placed in indefinite solitary confinement in what California calls “secure housing units”. A secure housing unit is a warehouse of pain, suffering and slow death.

Indefinite solitary confinement is torture. Being buried alive is torture. But this hunger strike is about more than that. It’s about the future as well as the present. It’s about who will write the history, and what master narrative will rule that roost. It’s about being human

Solitary cells of America are filled with people living with disabilities. Prisoners, like Prisoner #6 in Pennsylvania SCI-Muncy, are depressed, live with mental disabilities, act out, try to commit suicide, and they are thrown into the hole and abandoned there. And then die horrible deaths.

But that’s not good enough for California. California has Secure Housing Units in which “security” means indefinite and long term isolation, and debriefing means coerced reporting on gangs, even if one is not in a gang.

Meanwhile, in the ordinary and everyday world of California prisons, until fairly recently, women prisoners were tricked or coerced into sterilization. 66% of the guards inside women prisons are male; most of the rapes inside women’s prisons are at the hands of male prison staff.

When the Valley State Prison for Women, VSPW, was closed, to turn it into a men’s “facility”, and the women were shipped to the already crowded Central California Women’s Facility, CCWF, what happened? Overcrowding, antagonism, tension, violence … and segregation and isolation. Take the case of Prisoner T: “T. has been incarcerated for 30 years, with a parole date in late 2014, and was among the women transferred from VSPW after 25 years of violation-free programming.” Twenty-five years without a violation. Because of CCWF circumstances beyond T’s control, T is segregated and will probably stay in segregation for the entire year, until she’s paroled. According to T., “It’s disheartening to be in Ad Seg as I am locked up in a cell 24 hours a day. I only receive six hours of exercise a week, which consists of a small fenced in cement yard that has no place to sit except on the cement floor. I just go out for the fresh air.” Fresh air. To get fresh air, T. is stripped naked and spends her hour in that cement yard completely naked and completely alone. When she returns, she is strip-searched. When she goes to shower, she is handcuffed behind the back. She is allowed to shower three times a week. T. is not in segregation for disciplinary reasons, and yet she is treated as if she were.

Meanwhile, in the “free world”, in California developmental centers, the in-house police do less than nothing to protect residents and patient, or to investigate incidents of abuse. According to a report today, “dozens of women were sexually assaulted inside state centers, but police investigators didn’t order `rape kits’ to collect evidence. Police waited so long to investigate one sexual assault that the staff janitor accused of rape fled the country. The police force’s inaction also allowed abusive caregivers to continue molesting patients – even after the department had evidence that could have stopped future assaults.”

The California prison hunger strike is about being-human. Across the state of California, people in prison are regularly abused, humiliated, tortured, and worse. Women are regularly attacked as women. Indefinite solitary confinement, “debriefing”, group punishments, toxic food regimens, denial of basic services and programs, forced sterilization, routine sexual violence, these are all public policies. They are not incidental nor accidental. The struggle taking place right now in California is for the soul of humanity, for that remote possibility that after the Golden Gulag, something human will emerge. A specter haunts California.

 

(Photo Credit: The Examiner)

Filed Under: General Tagged With: , , , , , ,

Casual Rape: Who prosecutes the abusers that endanger women’s health?

July 3, 2013 by 1 Comment

In a consultation with her gynecologist a woman reports informally that she needs confirmation that she is free of all sexually transmitted diseases. It wasn’t really rape she pleads with a mix of fear and shame. She should not have been there, but he said she was pretty. It all happened so quickly, in a split second. Then she screamed, and he stopped. He is an administrative supervisor of 30 years; she is an employee of only 6 months. Elusive statistics on casual rape show 90% remain unreported. The data implies the existence of many fellow victims at her work place. This information, along with her negative test result, did little to assuage the permanent violation of body and mind that she carries each day back to the work place. Fear of exposure, retaliation, loss of job and personal safety becomes her new mode of existence. The physician bound by the limits of health privacy and absence of appropriate resources to help becomes an impotent appendage of the system, unable to address the social pariah, a system that traps the victim and the health care professional in a prison of secret public health epidemics of rape.

Here the prison isn’t a figure of speech. The two work in prison, and she is an inmate.

As mandated by the Prison Rape Elimination Act of 2003, the Bureau of Justice Statistics publishes regular statistical reviews and analyses of incidents and effects of prison “sexual victimization.” In its 2011-2012 report, sexual abuse rates remained fairly constant, with 4% in prisons, down from 4.5% in 2007; and 3.2% in jails, which is the same as 2007. Since incidents of sexual abuse are notoriously under reported and because the high volume of admissions in local jails making these detainees invisible to BJS surveyors, the statistics represent only a small percentage of prisoners’ abuses.

There is a need for a different kind of dialogue that would expose the marginalization of people that allows, and promotes, sexual abuses to go on behind closed doors. The important confidentiality of the physician’s office contrasts with the dearth of instances for sexual abuses to be rendered public without fear and shame. As we recall, pregnant women may be prosecuted and sent to jail for supposedly endangering their fetus, but who prosecutes the abusers that endanger women’s health?

We need to start a change in the paradigm of power that makes so many suffer.

(Photo Credit: ThinkProgress / Just Detention)

Filed Under: General Tagged With: , , , , ,
« Previous Page
Next Page »