Jane Doe, aka Jenny, and the hellhole that is Harris County Jail (Part Two)

February 5, 2018 by 2 Comments

Harris County, Texas, is a “special” place for criminal justice. Out of 3000 counties across the United States, Harris County boasts both the highest number of executions, by far, in the past twenty years and the highest number of life-without-parole sentences of any county in Texas, again by far. Harris County Juvenile Justice Center is dangerously overcrowded, largely with so-called low-risk African American children. Harris County Jail is dangerously overcrowded, “thanks” to a vicious cash bail system that dumps the poor into jail and then keeps them there. Harris County, Texas, built a special hell for women. Jane Doe aka Jenny, said NO! Why did she have to say anything in order to receive a modicum of respect and dignity? In Harris County, Texas, criminal justice is truly criminal.

In 2013, in Houston, Texas,  Jane Doe was raped. Jane Doe lives with bipolar disorder. In December 2015, Jane Doe testified against the man who raped her. Midway through her testimony, she broke down. Initially, Jane Doe was involuntarily committed to a psychiatric ward. Once “stabilized”, Jane Doe was sent to the Harris County Jail, where she stayed for 28 days. Why was Jane Doe sent to jail? The court had a holiday break coming up, and the prosecuting attorney dumped Jane Doe in jail so that she would complete her testimony. Jane Doe “was imprisoned in the hellhole of the Harris County Jail for no reason other than being a rape victim who struggles with a mental disability.”

In her month in jail, Jane Doe was assaulted, insulted, verbally abused, demeaned, and worse. She was put in with the general population, even though there is a mental health unit in the jail. She was assaulted by staff who said they were confused and thought she was the rapist. Apparently, that would have justified the violence. Jane Doe was in the same county jail as the man who raped her: “Her rapist was not denied medical care, psychologically tortured, brutalized by other inmates, or beaten by jail guards.”

After all of that abuse, Jane Doe did as she had done all along. She cooperated with officials and completed her testimony, in January 2016.

In July 2016 Jane Doe sued Harris County, Texas, for the abuse and torture she experienced in jail. In July, “Jane Doe” was renamed “Jenny”, perhaps to distinguish her from all the other Jane Doe’s in Texas, and they are legion. Jenny’s mother sued Harris County as she pushed legislators to do something about the nightmare situation. In April 2017, the Texas Senate unanimously and without debate approved “Jenny’s Law” which would require a defense attorney be appointed for witnesses and victims and that would receive a full hearing before a judge could sign a writ of attachment and send them off to jail in order to secure their testimony at trial. Jenny’s mother wrote, “Putting a victim in jail should never be an option. Today Jenny is still struggling with the entire trauma she endured by the rapist and also being re-victimized by the justice system.”

Jenny’s Law took effect September 1, 2017, four years after Jenny was raped. In December 2017, Jenny’s family sued the local hospital for colluding with the local prosecutor by discharging her when she was clearly incapacitated and effectively sending her into the Harris County Jail. That struggle continues.

Even those who support Jenny’s Law continue to argue that she was “lost in the system.” Jenny was not lost in any system. The system worked exactly according to its design. Why was Jenny in jail? Because her mother couldn’t come up with the $15,000 bail. Why did no one in authority think it wrong to jail a woman suffering a breakdown? Why does it take a law to give a woman due process, as guaranteed by the United States Constitution? Why does it take two years to pass that law? The State of Jane Doe passed Jenny’s Law. The State of Jane Doe is not yet concluded. Texas built a special hell for women inside the hellhole that is Harris County Jail.

 

(Photo Credit: Click2Houston)

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Jane Doe, aka Jenny, and the hellhole that is Harris County Jail (Part One)

February 3, 2018 by 3 Comments

 

A female inmate sits in a single cell in an acute unit of the mental heath unit, Harris County Jail

Texas built a special hell for women, the Harris County Jail, in Houston, Texas. The story of “Jane Doe”, aka “Jenny”, attest to that, but first some general context. The United States boasts 3,000 counties. Most haven’t executed anyone in the last 40 years. Harris County Jail is the outlier. Between 1977 and 2015, twenty counties executed 10 or more people. Of the twenty, 14 killed between 10 and 19 people; four executed between 20 and 49; one executed 55 people, and then there’s Harris County Jail. Since 1976, Harris County executed 125 people: “If Harris County, TX, were a state, it would be second only to the rest of Texas in terms of executions.” Now that the use of capital punishment has begun diminish, Harris County is leading the way in life-without-parole sentences. According to a recent report, in 2017, Harris County sentenced 21 people to life imprisonment without parole. The next three counties combined totaled 13.  Harris County is a U.S. chapter in the global labor of necropower: “Necropower … account[s] for the various ways in which … new and unique forms of social existence in which vast populations are subjected to conditions of life conferring upon them the status of living dead … Under conditions of necropower, the lines between resistance and suicide, sacrifice and redemption, martyrdom and freedom are blurred.” Welcome to Harris County criminal justice.

Not satisfied to kill and contain for life far and away more people than any other jurisdiction, Harris County has targeted children and the poor. In the rest of Texas and across the United States, juvenile detention numbers are dropping, but not in Harris County, Texas. According to reports this week, the Harris County Juvenile Justice Center, which has been overcrowded for years, is now severely, dangerously overcrowded. Youth crime is down, and yet the detained juvenile population is skyrocketing. Why? Between 2010 and 2017, the average number of detained children charged with minor offenses increased by 64 percent. In 2017, children charged with minor offenses were locked up for close to three weeks, on average. That’s twice as long as the wait in 2010. From 2010 to 2017, the number of “low risk” African-American children held in detention rose by 75 percent. This spike has occurred in a mere seven years, and in a state in which 17-year-olds are sent to adult courts and jail.

Meanwhile, Harris County Jail is equally overcrowded and toxic, and one of the reasons is the cash bail system in Harris County. According to recent reports, Harris County systematically denies poor and indigent plaintiffs access to personal bonds or any other forms of assistance that are supposedly available. To the contrary, judges routinely raise bail precipitously. Consider what happened to Shamira Brown. Shamira Brown, single mother of two, resident of Houston, thought that, during Harvey, her neighbor had stolen her daughter’s iPad. A fight ensued. Shamira Brown was released on an unsecured bond and told to show up in court in a few days. The courthouse had been flooded and ruined in the hurricane. Shamira Brown repeatedly called the hotline for information. No one answered. On September 8, the day of her court appearance, Shamira Brown dutifully took three buses to get to the courthouse. The courthouse was closed. She called the hotline. No one answered. Now, there’s a warrant out for Shamira Brown’s arrest, for failure to appear in court. This is a common story in Harris County, and, since Harvey, the numbers have only grown exponentially. Those who need pretrial monitoring get nothing and then get a warrant served. As Shamira Brown noted, “I didn’t get anything in the mail, no lawyer papers. They just never told me where to go. Y’all wasn’t even doing your part, but you’re quick to put out a warrant for someone?”

According to the most recent report, 78% of Harris County Jail detainees are awaiting trial.

Last week, Harris County Commissioner Rodney Ellis put a name and face to the situation, “Sandra Bland was arrested and kept in jail because she didn’t have $500.” Sandra Bland died, or was killed, July 13, 2015, in the Waller County Jail, not far from the Harris County Jail. Harris County is currently being sued for its “assembly line justice for poor people.” More like sewage line injustice for poor people, people of color, children, women, people living with mental disabilities. This is the context for Jane Doe’s and Jenny’s experiences in the hellhole that is Harris County Jail.

 

(Photo Credit: Houston Chronicle / Eric Gay / STF)

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Hunger strike: Transgender woman prisoner Marie Dean, Tunisian migrants, and Davos

January 28, 2018 by 5 Comments

Marie Dean

While, in Davos, billionaires and millionaires gorged themselves, in England, transgender woman prisoner Marie Dean led a solitary hunger strike for her dignity and life, and, on the island of Lampedusa in Italy, over 40 Tunisian migrants sewed their lips shut and entered a hunger strike, demanding to be transferred off the island onto the mainland and demanding not to be deported. All this occurred while the munching billionaires told the gulping millionaires “how the middle class feels.” For Marie Dean and for the Tunisian migrants, the whole world was not watching.

Marie Dean, 50 years old, currently sits in HMP Preston, a men’s prison in Lancashire. Dean has petitioned to have her chosen gender recognized. The Ministry of Justice refused. The Ministry of Justice assures the public that Marie Dean is perfectly safe in an all-male prison: “There are stringent procedures in place to ensure transgender prisoners are managed safely and in accordance with the law. We have robust safeguards in place to ensure that the system is not abused.” Those “stringent procedures” did nothing for Vicky Thompson, Joanne Latham, or Jenny Swift, transgender women prisoners placed in men’s prisons. Each protested, begged, pleaded. Each was “found dead”. Now, Marie Dean says she is willing to fast unto death, rather than suffer ongoing dehumanization. What happened to Vicky Thompson, Joanne Latham, and Jenny Swift? The routine torture of transgender women prisoners. What is happening to Marie Dean? The routine torture of transgender women prisoners. While Marie Dean fasts unto death, the world watches the super wealthy gorge themselves in Davos.

On Lampedusa, forty some Tunisians migrants have been held for several weeks. Recently they were informed they were to be deported. In response, they went on hunger strike, some sewing their mouths shut. In 2013, Tunisian and Moroccan migrants sewed their lips together in protest of the abysmal conditions of detention. As one detainee explained, “People … are treated like animals.”

Marie Dean is on hunger strike because the State is trying to kill her soul. Forty some Tunisians are on hunger strike because the State is trying to kill their souls. Marie Dean and the Tunisian migrants encapsulated the horror that lies at the core of the so-called global economy. For the billionaires and the millionaires to dine at the Davos feast organized by the International Organization of Thieves and Robbers, some must lose their lives. Some lose their lives because they are transgender women; others lose their lives because they are African migrants. They will not be found dead; they will be sacrificed. Marie Dean says NO! The Tunisian migrants say NO! Look away from grinding jaws of Davos, look at the closed and sewn lips of HMP Preston and Lampedusa. The time is now … before more are killed.

Lampedusa

 

(Photo Credit 1: Change.org) (Photo Credit 2: Giornale di Sicilia)

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The factory fire in New Delhi was a planned massacre of women workers

January 22, 2018 by 26 Comments

Add Bawana Industrial Area firecracker factory, just outside New Delhi, India, to the list of factory fire “tragedies”: Tangerang, Indonesia;  Triangle Shirtwaist Factory, United States; Kader Toy Factory, Thailand; Zhili Handicraft Factory, China; Tazreen Fashions Factory, Bangladesh; Kentex Manufacturing Corporation; Philippines; House Technologies Industries, Philippines. The sacrificial pyre built of women’s bodies continues to grow and light up the night sky of global economic development. In this instance, on Saturday, an illegal but altogether known firecracker factory burst into flames. Seventeen people were burned or suffocated to death, ten women, seven men. Earlier in the day, three women workers protested “hazardous” working conditions. They complained that they couldn’t breathe because the air was so thick with gunpowder. They refused to work, took their day’s pay and left. As they left, they tried to persuade two other women to leave. The two women refused. They needed the money. A couple hours later, the building exploded.

The factory was registered as a plastics factory. In fact, it made gunpowder. The workers had no idea what they were producing, nor did they know the owners were in violation of the law. They knew the work was hard, the pay low, but it was a job. Until it wasn’t.

The workers’ stories, those who died and those who survived, are heartrending as they are familiar. The story of the factory is familiar as well. There were no fire safeguards, nor were their occupational safeguards. There was only one exit. The three women who left initially demanded masks, so they could breathe and continue to work. It was only when the manager refused that request that the three took their money and left.

The story of Bawana Industrial Area is the overarching story of national and metropolitan economic development. New Delhi is a congested, polluted city. In response, many factories have moved to so-called industrial parks just outside the city. In 2016, Bawana Industrial Area had around 18,000 industrial units. At last count, Bawana Industrial Area has 51,697 industrial units. They are almost never inspected. The licensing processes are a lethal joke: “In Bawana, industrial units range from drugs and pharmaceuticals, petroleum-based products, chemical products, rubber products. In the absence of any random inspection, many units flout industrial norms, even as work continues unabated.” You can get anything you want …

And now? The factory owner is detained and under investigation. Families, friends and neighbors keen and mourn. The world perhaps stares, for a moment, at the pictures of grieving mothers, and reads of the loss and sorrow. None of this is new or unforeseen. There is nothing exceptional about Bawana Industrial Area. The authorities expect the same conditions exist across New Delhi’s suburban industrial landscape.  Industrial fire codes are prominent discussed, and every day workers, mostly women, entered a fireworks factory that had no proper exit and no fire safety equipment. That factory wasn’t a factory; it was a slaughterhouse. When the flames burst and the women workers’ bodies exploded, there was no accident. That fire was an indiscriminate and brutal slaughter of people, a massacre, and it was part of the plan. The shape of global capital development today is a burning pyre composed of women workers’ bodies. It lights the sky. We have never left the age of primitive accumulation, “and the history of this … is written in the annals of mankind in letters of blood and fire.”

 

(Photo Credit: NDTV)

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What happened to Emily Hartley? The State murdered her.

January 19, 2018 by 6 Comments

On April 23, 2016, Emily Hartley, 21 years old, living with severe mental illness, was found dead in the exercise yard at HMP New Hall, near Wakefield. Emily Hartley was found hanging. According to reports, she entered the exercise yard at 3 pm. She was “found” two and a half hours later. Emily Hartley told the staff she wanted to end her life, and the staff left her unmonitored for two and a half hours. In 2015, seven women killed themselves in prisons in England and Wales. In 2016, 12 women prisoners committed suicide. Does anyone care? Yes. Family, friends, supporters care. Does the State care? Absolutely not. If it did, Emily Hartley would be alive and perhaps even thriving today.

Emily Hartley had a history of self-harm, suicide and drug addiction. In May 2015, Emily Hartley was living in a multiple occupancy building. She set fire to herself, her bed and curtains. She was charged with arson … for setting herself on fire. Rather than send her to a hospital, for the help and care she clearly needed, she was sent to a bail hostel, where she resumed taking drugs. This was considered a breach of bail conditions, and so Emily Hartley was sentenced to two years and eight months in prison. She was sent to New Hall in November 2015. By the end of April, she was dead.

Emily Hartley was supposedly monitored under suicide and self-harm management protocols. That should have meant observation at regular intervals. Whether or not those occurred remains to be seen. What is known is that Emily Hartley continued to self-harm throughout her stay at New Hall. Emily Hartley repeatedly told the staff that she wanted to die. She complained that that staff bullied her and did not listen. The staff responded with repeated disciplinary procedures. On April 23, the day she died, Emily told her mother, by phone, that she was feeling manic and that no one was checking on her for hours on end.

Deborah Coles, Director of INQUEST, which advocates around deaths in custody, noted, “Emily was the youngest of 12 women to take her own life in prison in 2016. Just like the many women who died before her she should never have been in prison in the first place. This inquest must scrutinise her death and how such a vulnerable young woman was able to die whilst in the care of the state.”

In 2016, three women prisoners in HMP New Hall died by “self-inflicted” causes. INQUEST asks, “How many women need to die on the inside before Governments take action?” How many deaths will it take till we know that too many people have died? Government is taking action. It is building a tower of women prisoners’ cadavers. If history is any guide, Emily Hartley’s story, like that of Caroline Ann Hunt the year before, will soon be forgotten by most of us. This is who we are. We are the citizens and builders of the State of Abandonment. We are the people who see a woman on fire, begging for help, and we respond, “She should go to prison for arson.”

Emily Hartley

 

(Image Credit: INQUEST) (Photo Credit: Mirror / Sunday People)

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The number of women sentenced to more than 1 year in prison increased from 2015 to 2016

January 17, 2018 by 1 Comment

Earlier this month, the U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics released its report, “Prisoners in 2016.” By and large, the numbers are “encouraging” in that prison populations, by and large, are reducing. While certain states buck the trend, overall, thanks to criminal justice reform, fewer people are spending time in prison. That would be good news, except for this: “The number of females sentenced to more than 1 year in state or federal prison increased by 500 from 2015 to 2016”. In a year of generally decreasing prison populations, this exception is noteworthy.

Here are the highlights of “Prisoners in 2016”: “The number of prisoners under state and federal jurisdiction at year-end 2016 (1,505,400) decreased by 21,200 (down more than 1%) from year-end 2015. The federal prison population decreased by 7,300 prisoners from 2015 to 2016 (down almost 4%), accounting for 34% of the total change in the U.S. prison population. The imprisonment rate in the United States decreased 2%, from 459 prisoners per 100,000 U.S. residents of all ages in 2015 to 450 per 100,000 in 2016. State and federal prisons admitted 2,300 fewer prisoners in 2016 than in 2015. The Federal Bureau of Prisons accounted for 96% of the decline in admissions (down 2,200 admissions). The number of prisoners held in private facilities in 2016 (128,300) increased 2% from year-end 2015 (up 2,100). The number of females sentenced to more than 1 year in state or federal prison increased by 500 from 2015 to 2016.” Why are women the exception to the new rule? What’s going on?

At the end of 2016, women comprised 7% of the total national prison population. From end of 2015 to end of 2016, there were 69 fewer women prisoners, nationwide. In the same period, the number of male prisoners dropped by 21, 137. For women, that’s a .1% reduction, and for men .3%. Twenty states reduced their number of women prisoners while 26 states increased that number, and this is in one year. Kentucky, Washington and Ohio led the pack in increased incarceration of women.

“The imprisonment rate for the U.S. population of all ages was the lowest since 1997 … On December 31, 2016, a total of 1% of adult males living in the United States were serving prison sentences of more than 1 year (1,108 per 100,000 adult male residents), a decrease of 2% from year-end 2015 (1,135 per 100,000).  The imprisonment rates for females of all ages and adult females in 2016 were unchanged from year-end 2015 (64 per 100,000 female residents of all ages and 82 per 100,000 adult female residents).”

Once again, Oklahoma had the highest rate of women’s imprisonment: 149 per 100,000 women residents. Kentucky, South Dakota and Idaho follow close behind.

“The imprisonment rate for black females (96 per 100,000 black female residents) was almost double that for white females (49 per 100,000 white female residents). Among females ages 18 to 19, black females were 3.1 times more likely than white females and 2.2 times more likely than Hispanic females to be imprisoned in 2016.”

The war on drugs continues to be a war on women: “A quarter (25%) of females serving time in state prison on December 31, 2015, had been convicted of a drug offense, compared to 14% of males … More than half (56% or 6,300) of female federal prisoners were serving sentences for a drug offense, compared to 47% of males (75,600).”

While rates of incarceration and raw numbers of incarcerated people decline, rates of incarceration for women increase and raw numbers of women sentenced to more than a year increase. That is not an oversight. That is public policy. The war on women, waged through police, courts, and prison, continues. If the report were to include immigrant detention, the profile would be that much clearer. It’s time to stop the war on women, to pay greater attention to the reasons that the State targets women for imprisonment. It’s time to end the national witch hunt.

 

(Image Credit: Prison Policy Initiative)

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Women are Tunisia’s revolutionary guards: What are we waiting for? Fech Nestannew?

January 14, 2018 by 20 Comments

On December 17,2010, Mohammed Bouazizi, a street vendor in Sidi Bouzid, Tunisia, set himself on fire and ignited Tunisia’s Jasmine Revolution. It was a desperate act that lit the sky and the world. His act reflected a general sense of despair, and in that reflected despair, people saw transformative change as their only hope. Within a month, on January 14, 2011, President Zine El Abidine Ben Ali dissolved his government. From its first flicker, the Jasmine Revolution was more than the ouster of a dictator. It was an assault on patriarchy that emerged from decades of women and youth organizing. Seven years later, it still is. Ask the women who have ignited the current wave of protests across Tunisia, protests that demand a practical, material response to their question: “Fech Nestannew?” “What are we waiting for?” “Qu’attendons-nous?” “فاش نستناو ؟”

For Tunisia, the past seven years have been “interesting,” and particularly for women. The government has seesawed repeatedly on its position vis-à-vis women’s rights, equality, and roles. The State and parts of Civil Society have colluded in trying to diminish the significance of women’s work and contributions. And women have pushed back. In this last round of push-back, women have responded to an IMF-imposed budget, agreed on in December and implemented as of January 1. This budget follows the tried and true, or better failed and false, austerity menu: increase taxes, slice subsidies, subject the civil service to “efficiencies”, raise food prices, stop recruiting and hiring for public sector jobs. The IMF declared the new budget is bold and ambitious. Tunisian women thought otherwise. They asked, “When do we get the jobs we struggled for and were promised? When will food become generally affordable? Where is our housing? What are we waiting for?” Women demanded a better menu than that offered by the IMF: “Travail, pain, liberté et dignité” “Employment, bread, liberty, and dignity”.

The Fech Nestannew? movement describes itself as horizontal, but it does have spokespeople, most notably Henda Chennaoui and Warda Atig. Warda Atig explained that Fech Nestannew? activists held their first action on January 3: “We were waiting for the government to make the law official and we chose the date of our first action to be January 3. The date is very symbolic because, on January 3, 1984, there was the Intifada al-Khubez (bread uprising) in Tunisia [over an increase in the price of bread]. On January 3, we made a declaration in front of the municipal theatre [on Habib Bourguiba Avenue in downtown Tunis] and we distributed pamphlets with our demands. We were about 50 activists.” On January 3, they were about 50 activists. As of Monday, mass demonstrations, and small ones as well, have rocked Tunisia from one end to the other. As Atig explains, while the activists are demanding that the State “end the increase in prices, cancel the moratorium on recruiting in the public sector, provide security and healthcare, end privatisation and put forward a national strategy to counter corruption”, at its heart, it’s a bread uprising. Austerity targets the stomach, and in so doing, always targets women first, most directly and most intensely.

Henda Chennaoui contextualizes the current situation: “Gas oil has increased by 2.85 percent which has an impact on the price of food. The minimum wage has not changed for years. It is 326 dinars ($131) per month. That equates to about two weeks of groceries for a family of four. To understand the fed-up, we must know that after 2011, a kind of contract was made between Tunisians and politicians. The latter were committed, after the political transition, to satisfy all the demands of the population, especially to improve the economic situation. We waited. In 2014, nothing happened. In 2015 either, neither in 2016, nor in 2017. The political class showed no sign that it was doing anything. That’s why we called our campaign ‘What are we waiting for?’.”

Thirty-three years ago, Tunisian women led the January Bread Revolt. Seven years ago, Tunisian women led the Jasmine Revolution. Today, Tunisian women are in the streets, and everywhere else, organizing, pushing, demanding, rocking the country, rejecting corruption, and taking on the fundamental tenets of austerity as development. Women are saying that any budget in which “the poor pay the bill” is no budget at all. The time is now. What are we waiting for? Fech Nestannew?

Warda Atig

 

(Photo Credit 1: Jeune Afrique / Sipa AP / Hassene Dridi) (Photo Credit 2: Jillian Kestler-D’Amours / Al Jazeera)

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New Zealand declares seclusion rooms are unreasonable and oppressive

January 10, 2018 by 5 Comments

The seclusion room door

In December 2017, New Zealand’s Chief Ombudsman ruled that a school should pay $3000 and issue a formal apology to the family of an 11-year-old autistic child who was put in a “seclusion room” 13 times in nine days. The seclusion room was a dark cell, without windows or light. The treatment of the child came to his parents’ attention, and then to that of the public, when a behavior therapist came to the school, and found the child alone, unmonitored, and crying for help. That was in October 2016. Soon after, it was “discovered” that the use of seclusion rooms was fairly common in so-called special schools across New Zealand. In November 2016, the Education Minister proposed banning the use of seclusion rooms in schools. That became law in early 2017.  At the end of 2017, New Zealand’s Chief Ombudsman declared the school had acted “unreasonably and oppressively”. Later the Ombudsman explained, “I just think we’ve got to be careful and sensitive about those times when the going gets tough and when we need to, in schools, manage difficult, challenging behaviour like this. This report of ours is a reminder of the need for dignity and humanity at all times and it’s just something we should never ever forget and we should not take our eye off the ball.”

While the decision of the Ombudsman is a positive result, why does it take so much effort to recognize that seclusion rooms are an affront to dignity and humanity? As the Chief Ombudsman noted in his decision, the result only occurred because the child’s parents were furious when they discovered how their child was being abused and, critically, raised a ruckus. Why must parents raise a ruckus to have their children treated decently and humanely?

This isn’t only about minors. Ashley Peacock is an adult living with intellectual disability, autism and mental illness. Under New Zealand’s Mental Health Act, Ashley Peacock was a compulsory, institutionalized patient. In that capacity, Ashley Peacock had been placed in solitary confinement, “seclusion rooms,” for years on end. In 2016, his parents started a national and international campaign to get their son out of the hellhole of solitary confinement and into more appropriate community based services. In 2016, Ashley Peacock was 38 years old. He had spent ten years in “care” institutions. Most of that time, he spent in isolation. In 2017, Ashley Peacock was moved to a community location. In December 2017, New Zealand announced it would phase out seclusion rooms in psychiatric institutions within two years.

Advocates for autistic children worry that, despite the law, schools might still use seclusion rooms. Consider this: no one knows how many hours that eleven-year-old child spent in solitary confinement, crying and pleading for help, because there are no records kept. In other schools, teachers refused to talk to police about their use of seclusion rooms. Hopefully, New Zealand will invest in enforcement of the new laws, but more will be needed. We must ask ourselves about our investment in torture that passes for education, on one hand, and for care, on the other. Why should parents have to be furious in order to keep their children, at all ages, from being tortured? When did solitary confinement become an integral part of education? When did the vulnerable become the execrable, the cursed?

 

(Photo Credit: New Zealand Herald)

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Ahed Tamimi, African migrants and Israeli apartheid

January 7, 2018 by 100 Comments

Israel persecutes a 16-year-old girl, Ahed Tamimi, at the same time that it persecutes African immigrants, telling the latter that their choice is a ticket “home” or jail. Both of these actions are justified by “security” and “sovereignty”. Ahed Tamimi has not attacked Israel nor have African migrants. If anyone ever needed evidence that Israel is an apartheid state, the conjuncture of the persecution of Ahed Tamimi, and her family, and of African migrants should do.

Ahed Tamimi’s “case” has been widely circulated. Faced with soldiers in her front yard, Ahed Tamimi, 16 years old, confronted the soldiers. She slapped a soldier. Less than an hour earlier, Ahed Tamimi’s 14-year-old cousin, Mohammad Tamimi, was shot in the face by Israeli soldiers. Maybe that matters. Maybe the devastation of an entire generation of girls and boys matters. Ahed Tamimi was arrested, has been indicted, and now faces the prospect of years in prison. Ahed Tamimi is sixteen years old. She slapped someone. She is a threat to national security and sovereignty. When a Jewish teenager slapped an Israeli soldier, what happened? Nothing.

Three years ago, thousands of mostly Eritrean and Sudanese women and children asylum seekers marched through the streets of Tel Aviv, protesting Israel’s new `immigration policies’ and new `open’ immigrant detention center, Holot. On Wednesday, January 3, Israel updated its “immigration policies”. Go home. Refugee? Whatever. Person? Not so much. Explanation: the Africans are “infiltrators.”

None of this new … to those who have studied or remember apartheid. Unarmed sixteen-year-old girls facing off fully armed soldiers are “terrorists”. African refugees are “infiltrators”, “borders” are everywhere and they must be “protected.” None of this is new.

Watch the videos, read the statements “justifying” the abuse of Ahed Tamimi, watch the videos, read the statements “justifying” the abuse of African migrants. “Migrants”. Anwar Suleiman Arbab is 38 years old. He left Darfur in 2003. He arrived in Israel in 2008. He applied for asylum and has not heard. He has a “temporary” visa. He has been in the country for nine years, but he’s still a “migrant”, worse an “infiltrator”. Why? Because he’s African. Watch the videos, read the statements concerning “sovereignty” and “security”. You’ll see the unblemished face of masculinity, yelling that its “it” must be protected.

Writing of the Israeli persecution of Ahed Tamimi, Uri Avnery concluded, “Occupation makes you stupid. In the end, this stupidity will bring us down.” Occupation does make a people and its nation-State stupid, as do racism, xenophobia, White Supremacy, misogyny and other forms of hatred. What’s going on in Israel right now is both the Occupation and something that precedes that occupation, the masculinist doctrine of protection of sovereignty. We see this in the United States, Australia, the United Kingdom, Austria, and beyond,  the call to making it great again. There’s a name for the public policy of reclamation justifying violence and atrocity: apartheid.

Ahed Tamimi with her mother Nariman

(Photo Credit 1: Middle East Eye / AFP) (Photo Credit 2: Al Jazeera)

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Marcelina Gaingos, Victoria Ugalde, and Destiny Hoffman refuse to be forgotten in jails and holding cells

January 3, 2018 by 2 Comments

Marcelina Gaingos

On Friday, December 8, 2017, in Windhoek, Namibia, Marcelina Gaingos was picked up for violating a restriction order. Police deposited her in a cell at the police station and left. Marcelina Gaingos stayed in that cell for three days, without food or water and without a bed. Marcelina Gaingos is 34 years old, and was pregnant at the time of her arrest. Marcelina Gaingos was released after three days, largely, perhaps only, because her family raised a ruckus. Traumatized, weak, starving, she was taken to hospital. Then she was immediately taken into custody, and released again, two days later, without any charges being filed. Two weeks later, she went to the doctor for a check-up. The doctor informed her that the fetus had died. According to Marcelina Gaingos, ““The doctors say it was due to the cold and dehydration.” What happened to Marcelina Gaingos? The police “forgot”?

In January 2017, Denver, Colorado, police arrested Victoria Ugalde for an unpaid parking ticket. The police took Victoria Ugalde to a holding cell, handcuffed her to a bench, and left, for 13 hours. Although there was a toilet in the cell, because she was chained to the bench, Victoria Ugalde couldn’t use it. Victoria Ugalde recalls, “They forgot about me. I was looking in the camera, I was [saying] ‘Can anybody help me?’ And then, nobody … I was crying. I cried a lot. Because I had to use the bathroom right there. I started praying and talked to God and he told me, ‘I’m here … don’t worry, I’m with you.'” A month later, another unnamed woman suffered the same experience in the same holding cells. They “forgot”.

In 2014, Destiny Hoffman, 34 at the time, was sentenced to 48 hours in the Clark County, Indiana, jail, for having violated a drug court program. Destiny Hoffman spent 154 days behind bars. Why? The judge “forgot”. The judge also “forgot” to hold a hearing or provide Destiny Hoffman with legal counsel. The only reason Destiny Hoffman was released, after 154, was that a Clark County Deputy Prosecutor looked at her file and realized that everything was wrong. Now Destiny Hoffman is part of a civil rights law suit against Clark County. She’s one of 40 plaintiffs. Ashleigh Hendricks-Santiago was sentenced to 72 days in jail, and spent more than five months behind bars. The judge “forgot”.

The police forgot. The judge forgot. The State forgot. This forgetting is public policy, and it happens to women in jails and police stations around the world. When the State “forgets” that your living, breathing, human body is in its custody, that’s abandonment. Across the globe, police station holding cells and jails – the real wilderness of criminal justice – constitute a global archipelago of zones of abandonment, which appear temporary but are not. Ask the women who were abandoned for hours and days in holding cells; ask the women who were abandoned for months in jails. They’ll tell you. The experience of State abandonment is meant to leave permanent scars in individuals, families and whole communities. It’s a State policy that identifies individuals and communities as already dead and forgotten. Victoria Ugalde is suing the Denver police. Destiny Hoffman, Ashleigh Hendricks-Santiago and 38 others are suing Clark County. Marcelina Gaingos is considering action. These women refuse to forget and refuse to be forgotten. Never forget.

Victoria Ugalde

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