Michell Joyce Raduva said NO to the trauma of child detention … and won!

June 1st 1987. International Children's Day

June 1st 1987. International Children’s Day

On April 6, 2008, two police officers arrested 15-year-old Michell Joyce Raduva and her mother and held them in custody overnight. Michell’s father came to the police station to secure their release, to no avail. Both were released the next day, without imposition of bail, and ultimately no charges were filed. But Michell and her mother knew the arrest was wrong, and so they immediately sued for wrongful arrest. They lost, repeatedly and at various levels, until last week, when the highest court in South Africa unanimously ruled that Michell’s rights, as a child, had been violated in the arrest and detention. The Court decided South Africa’s Constitution “seeks to insulate them [children] from the trauma of an arrest by demanding in peremptory terms that, even when a child has to be arrested, his or her best interests must be accorded paramount importance.” Amen to that.

The case is fairly straightforward. Two police officers came to the Raduva house to arrest Michell Joyce Raduva’s mother. Michell tried to intervene. The two were then arrested. The daughter was arrested for obstruction of justice. They were taken to the police station, booked, and held overnight. Whether the police knew Michell’s age at the time of arrest, by the time they arrived at the police station, they knew she was a minor. Not that that matters, since the police said, in court, that they would have arrested and detained her anyway, minor or not. To this, the Court responded, “What is more disconcerting is … a lack of knowledge and appreciation by the police officers of their constitutional obligation when arresting a child to consider her best interests as demanded by section 28(2). They demonstrate that the police officers did not care whether the applicant was a minor or not. Sergeant du Plessis said it expressly, that even if he knew that the applicant was a minor, he would still have arrested her. This is because he considers it to be his job to arrest. The fact that the arrestee is a minor would make no difference.”

According to Judge Lebotsang Bosielo, who handed down the Court’s decision, while the situation may be messy, the Constitution is clear: the best interest of the child is paramount. Period. In the balance of rights, the best interest of the child is paramount. In the actual existential moment, the best interest of the child is paramount. In this, the South African Constitution agrees with human decency and common sense, but, too often, not with State practice, not in South Africa nor the United States nor Australia nor England, where the State “considers it to be his job to arrest” and detain.

Judge Bosielo notes, “Under any circumstances an arrest is a traumatising event. Its impact and consequences on children might be long-lasting if not permanent … Detention has traumatic, brutalising, dehumanising and degrading effects on people … The applicant was seriously traumatised by this experience. Her detention has left her with serious psycho-emotional problems. Wounds that are still festering. These are the deleterious effects of incarceration against which the Constitution seeks to protect children.”

Being arrested is traumatic; being detained is traumatic … for anyone. For children, each can be catastrophic, and combined they can be life altering in the extreme. Michell Joyce Raduva and her mother sued so that we might all know that, so that we might all remember that children are children are children. Children are children are children. Each child is a child and must be treated, and respected, as a child. That’s the law.

 

(Image Credit: South African History Online)

What happened to Mariam Abdullah and Rebecca Maher? Just another death in custody

Mariam Abdullah, on Facebook and in custody

Mariam Abdullah, on Facebook and in custody

Barely eighteen years old, Mariam Abdullah died, July 19th, while in solitary confinement at the Perryville Prison in Arizona. Rebecca Maher, 36 years old, died, July 19th, while in police custody in the Maitland police station, in New South Wales, in Australia. Though the two never met, the circumstances and date of their deaths joins them in a tragic tale of State negligence and refusal. Both women deserved better, and in both instances, we all share the shame of their deaths and the manner of their deaths, for both of them needed help, and the State refused. Both of them were meant to be protected by State law and policy, and yet, on July 19th, both Mariam Abdullah and Rebecca Maher died … or were killed.

In June 2014, Mariam Abdullah, 16 years old, was arrested. After a year in the Estrella Jail, where juveniles charged with adult crimes are `kept’, she agreed to a plea deal that would result in three years imprisonment. From the moment she entered Estrella, Abdullah was in and out of trouble, which meant in and out of solitary confinement. According to her attorneys and to advocates who met with her, her mental health deteriorated perceptibly. Then she turned eighteen, and was moved to Perryville, and again to isolation. Six weeks later, she wrapped a bed sheet around her neck and strangled herself to death.

On numerous occasions, Mariam Abdullah asked, both in writing and in conversation, to meet with mental health staff. She knew she was [a] having problems and [b] deteriorating. She said so. Other than her lawyers and supporters, no one listened. Prison Law Office attorney Corene Kendrick wrote to Arizona’s Attorney General with concerns about Mariam Abdullah’s situation, noting that the State’s abuse of Abdullah was in violation of earlier court orders, the law, and human decency. Kendrick never received never received a response. Kendrick noted, “She [Mariam Abdullah] just seemed very sad and very isolated [and] was clearly traumatized when I talked to her. She’s a child, and she was being held in isolation conditions worse than what the adults were being held in — not that it’s okay for anyone to be held in isolation, but all of the best practices say to stop using isolation on children.”

Peggy Plews, of Arizona Prison Watch, added, “She was no angel — she’s the first to admit that. [But] she was a sweet kid, wanted to be a firefighter and save other people someday. Instead, we just threw her away. We all broke that kid long before she killed herself.”

Rebecca Maher, Aboriginal, mother of four, was walking home drunk when the police picked her up, ostensibly for her own good, and threw her into a cell, a little after midnight. At 6 am, she was “found dead.” Her death and the last hours of her life are shrouded in confusion and controversy. In New South Wales, if an Aboriginal person is arrested, the police are supposed to use the Custody Notification Service, which immediately contacts the Aboriginal Legal Service (ALS). This system is a model. No Aboriginal person has died in police custody since 2000 … until Rebecca Maher. But Rebecca Maher, though in police custody, was never arrested. She was thrown into the cell because she was drunk. The police were “protecting” her from herself, and that is the problem. Many, such as Gary Oliver of the ALS, believe that if the police had contacted them, “there may have been a different outcome. Fundamentally this is a process that has failed because a police officer has not followed a procedure.”

Family friend Kathy Malera-Bandjalan asks, “How do you take someone into custody who’s legally done nothing wrong, then detain them in a cell then they’re dead in four hours. Rebecca’s death is not going to be in vain.” According to Kathy Malera-Bandjalan, the family was never notified of Rebecca Maher’s detention and was notified of her death many hours later.

What happened to Mariam Abdullah and Rebecca Maher? Absolutely nothing, and that’s what killed them. Arizona has specific policies, forced upon it by court decisions that should have ensured Mariam Abdullah’s survival and well being while in custody. Arizona refused to follow its own policies. New South Wales has specific policies that should have ensured Rebecca Maher’s survival and well being while in custody. New South Wales refused to follow its own policies. It wasn’t one staff member here or one there. It was the State that decreed, and decrees that what happens in custody stays in custody, and whatever vulnerable woman happens to fall into custody can expect to suffer and die in custody. That’s the rule of law when the custodians are told they have no custodial responsibilities to care for their residents. So, rest in peace Mariam Abdullah; rest in peace Rebecca Maher. You deserved better. We all do. Instead, we all broke you and just threw you away.

Rebecca Maher

Rebecca Maher

#ShutDownBerks: The Mothers of Berks launch a hunger strike

This week, twenty-two women held in the Berks County Family Detention Center launched an indefinite hunger strike. After so many violations of their dignity and of the humanity of their children, the Mothers of Berks, las Madres Berks as they call themselves, still believe in humanity, not only their own but that of their captors, and so, after the violence and lies and campaigns designed to teach them despair, they continue to write open letters and to launch new campaigns. They continue to wage hope. This week, hope is a hunger strike, to the death if necessary.

The women continue to say that peace, love and justice will prevail over violence. The violence comes in many ways. The State forces the women into prison. The State forces the women’s children into prison. It forces the women to watch the children suffer. Then, the State lies. More than lies, it covers the women and children in ever intensifying blankets of lies, as it attempts to poison the very concepts of asylum, refuge, and humanity with lies.

The Madres Berks’ letter reads, in part:

“The Immigration Department has made a public announcement stating that in family detention center parents and children are detained no longer than 20 days.

WE WANT TO DISPROVE THIS INFORMATION!!

We are 22 mothers who are detained at Berks Family Residential Center being mothers who have been from 270 days to 365 days in detention with children ages 2 to 16 years old, depriving them of having a normal life, knowing that we have prior traumas from our countries, risking our own lives and that of our children on the way until we arrived here, having family and friends who would be responsible for us and who are waiting for us with open arms and that immigration refuses to let us out. Seeing these injustices, we have decided to go on an indefinite hunger strike until we obtain our immediate freedom because all of us left our countries of origin fleeing violence, threats and corruption that not even the government of each of our countries in Central America can control.

On many occasions our children have thought about SUICIDE because of the confinement and desperation that is caused by being here. The teenagers say BEING HERE, LIFE MAKES NO SENSE, THAT THEY WOULD LIKE TO BREAK THE WINDOW TO JUMP OUT AND END THIS NIGHTMARE, and on many occasions they ask us if we have the courage to escape. Other kids grab their IDs and tighten them around their necks and say that they are going to KILL themselves if they don’t get out of here. The youngest kids (2 years old) cry at night for not being able to express what they feel. For a long time, the children have not been eating well, but they have never paid attention to our complaints about the food until now.

We are desperate and we have decided that: WE WILL GET OUT ALIVE OR DEAD.If it is necessary to sacrifice our lives so that our children can have freedom: WE WILL DO IT!”

The women signed the letter as “Mother with … “; for example, “Mother with 6-year-old-daughter with 365 days in detention.” 22 women; 25 children, ranging in age from 2 to 16; six children are four and under. 47 women and children share 5923 days behind bars, almost 16 years. This is the bitter math of democracy today. This is, and cannot be, our truth. The women of Berks say they deserve freedom today, and they say their captors deserve to set them free.

Someone once wrote,

“The ministers lie, the professors lie, the television lies, the priests lie.
What are these lies?
They mean that the country wants to die …
These lies mean that something in the nation wants to die.”

The Mothers of Berks refuse to die, though they are ready to do so for their children … and for ours. They are the part of the nation that wants to live, that wants to move from the violence and trauma to the better math of democracy and justice, which is that of love. #ShutDownBerks #EndFamilyDetention #Not1More

 

(Photo Credit: Telesurtv)

Canada built a special hell for women: the Nova Institution for Women

Camille Strickland-Murphy, left, and Veronica Park, right

On April 24, 2015, Veronica Park died in the Nova Institution for Women. On July 28, 2015, Camille Strickland-Murphy killed herself in the Nova Institution for Women, committed suicide. On October 31, 2006, Ashley Smith, a “troubled teenager,” was shifted from youth custodial services to a federal women’s prison, the Nova Institution for Women, in Truro, Nova Scotia. From there, over the next year, Smith was transferred 17 times, and subjected throughout to full body constraint, shackles, and extended solitary confinement. On October 19, 2007, Ashley Smith hanged herself while seven guards watched and did nothing. The State was “shocked”. Some said, “Ms. Smith’s death should haunt Canada.” It didn’t and, as the corpses of Veronica Park and Camille Strickland-Murphy demonstrate, it hasn’t. The death of women prisoners haunts absolutely nothing. Last week, the families of Veronica Park and Camille Strickland-Murphy sued Canada’s federal correctional service for “negligence.” Rather call it torture. This play unfolds in three acts: the deaths, the after-death, and the darkness gathering.

Act One: Veronica Park and Camille Strickland-Murphy die.

Veronica Park entered Nova Institution for Women on August 14, 2014. Her family says she suffered from mental health issues, which they attribute to having been sexually and physically abused as an adult. She took to self-medicating and became addicted. In prison, she continued to self-medicate. Prison staff responded to her “situation” by throwing her, three times, into “segregation”, where she spent a total of 22 days. In the weeks before her death, Veronica Park went to the clinic seven times. She was clearly sick. On April 23, 2015, Veronica Park went twice to the clinic, where the nurse recorded a sore throat, cough, body aches and shortness of breath, and sent her on her way. The next day, Veronica Park was found incapacitated, gasping for air. She was taken to hospital, where she was diagnosed with a serious case of pneumonia. By 4:30 pm, Veronica Park was dead.

Camille Strickland-Murphy entered Nova Institution for Women on November 10, 2014. Strickland-Murphy had been in Nova before, at the age of 19. At that time, she had been beaten twice, by other inmates. Her family says that Strickland-Murphy’s mental illness began then, with untreated concussions. She began having seizures, fainting spells, and periods of loss of consciousness. The State responded with “segregation”, seven times totaling 23 days. When Camille Strickland-Murphy returned to Nova, her condition was worse. She was engaging in self-harm, which, again, resulted in segregation In February, she cut her face, and was found in a pool of blood. In March, she set her leg and room on fire. On July 20, she attempted suicide, and was sent to hospital. She was then returned to the Nova Institution for Women. On July 28, Camille Strickland-Murphy killed herself.

Who really killed Veronica Park and Camille Strickland-Murphy?

Act Two: The State abuses the families of Veronica Park and Camille Strickland-Murphy.

When Veronica Park and Camille Strickland-Murphy asked, directly and indirectly, for help, they were sent into segregation. Segregation means no family contact and that one’s security changes from medium to maximum. The families say they were never told about their loved ones’ deteriorating conditions. No one in either family knew how bad the situation was. How could they, when Veronica Park and Camille Strickland-Murphy were in and out of “segregation”? After the deaths, the State met the families’ various requests for information, both on what happened and what follow-ups were going on, with stone dead silence. According to Kim Pate, of the Canadian Association of Elizabeth Fry Societies, when the Park family asked for more information, “they were told it was protected. It is outrageous.” There’s no outrage here, and Ashley Smith does not haunt the Canadian justice or prison system. The State kills women in prison, and then “protects” information. According to the family, the investigation into Veronica Park’s death didn’t even begin for a full four months.

Act Three: The darkness gathers.

Howard Sapers, the federal prisons ombudsman, released a report last week on how Canadian prisons deal with families after prisoners have died “in custody.” Investigative reports are consistently blacked out. Sometimes whole pages are missing. This repeats the treatment prior to the death, when the prisons don’t inform families. Prisons treat the families callously and worse. One man told the prison he would be coming to view his family member’s body on a certain day. When he arrived, he was told, for the first time, that his family member had been cremated. Later, without any notice, the ashes were couriered to him: “They cremated him and they sent him by Purolator…sending someone in the mail…it’s just not right.” It’s just not right. Sapers’ report is titled In the Dark.

Ashley Smith died, or was killed, nine years ago. In the interim, the darkness has gathered and thickened. In the name of Veronica Park, Camille Strickland-Murphy, and Ashley Smith, no more red flags, reports, inquiries or commissions. It’s time, it’s way past time, for action. Close the Nova Institution for Women. Close all places where segregation and isolation are the protocols for healing. Build spaces that are actually for women. Anything else is just not right.

A report to a family on their loved one’s death

 

(Photo Credit 1: CBC News) (Photo Credit 2: News 1130 / Office of the Correctional Investigator)

Welcome to the Islamophobic Terrordome of Closely Watched Trains and Planes

Faizah Shaheen was detained for reading a book

In late July Faizah Shaheen was returning to England, from her honeymoon, when she was detained and questioned, under terror laws, at Doncaster Airport. Her crime was [a] being a Muslim woman [b] who, two weeks earlier, had been reading a book, Malu Halasa’s award winning collection, Syria Speaks: Art and Culture from the Frontline. This week she announced she now intends to make formal complaints against the police and the airline. Yesterday, in India, Taufiq Ahmed, a Kashmiri man, was pulled off a train at Sagar railway station in Madhya Pradesh, arrested and jailed on charges of sedition. His crime was [a] being a Kashmiri man [b] who had commented on, forwarded and “liked” some “anti-India” posts on Facebook. Welcome to the Terrordome … Can’t wait for the state to decide the fate So this jam I dedicate.

Faizah Shaheen and Taufiq Ahmed join the lists of “Muslim” individuals who have been subjected to humiliation, interrogation, and detention. Here’s a partial, very partial, list from the last twelve months or so. The list is very partial, first because so much of the world, for example Kashmir, goes unreported and, second, because the so-called anti-terror laws created an ever expanding zone of night and fog.

In November 2015, Maher Khalil was kept from boarding a plane because he was speaking with a friend in Arabic.

In December 2015, Mohamed Ahmed Radwan was kicked off a plane, in Charlotte, North Carolina, because he made an air attendant “uncomfortable.”

In March 2016, Mohamad and Eaman Shebley and their three children were removed from a plane in Chicago, after having asked for help with a child’s booster seat.

In April 2016, Khairuldeen Makhzoomi, a university student and asylee, was removed from a plane, in Los Angeles, because he was speaking Arabic.

At the end of May 2016, Tahera Ahmad, a chaplain at Northwestern University, was on a flight from Chicago to Washington, DC. She asked for an unopened can of soda, and was denied. She was told the can could be used as a weapon. The passenger next to her asked for an unopened can of beer, and was given one. When she protested the disparity in treatment, she was insulted by passengers and crew.

In May, Guido Menzio, “with dark, curly hair, olive skin and an exotic foreign accent”, was temporarily escorted off a plane when the passenger next to him decided that something was just not right. He was scribbling something in an inscrutable script. Surely he was writing in Arabic. In fact, Menzio, who’s Italian and a world-renowned mathematician, was working out some differential equations.

The list, of names and of forms of discrimination, goes on. As Tahera Ahmad explained, “This isn’t about me and a soda can. It’s about systemic injustice that is perpetuated throughout our community.” Systemic injustice is perpetuated throughout our world; it is the new foundation. The system of that injustice is terror itself, and it does more than touch this individual or delay or detain that one. It swallows what little shreds are left of democracy, and makes democracy into its own image. It intensifies as it expands the sphere of violence and fear.

I’ve been wonderin’ why
People livin’ in fear
Of my shade
(Or my hi top fade)
I’m not the one that’s runnin’
But they got me on the run
Treat me like I have a gun
All I got is genes and chromosomes
Consider me Black to the bone
All I want is peace and love
On this planet
(Ain’t that how God planned it?)

Ain’t that how God planned it?

 

(Photo Credit: The Guardian)

 

AUSTRALIA IS NOT SHOCKED BY THE ROUTINE TORTURE OF WOMEN ASYLUM SEEKERS ON NAURU

A woman asylum seeker on Nauru discusses the abuse she’s suffered

Australia is “shocked” by the routine torture of women and children asylum seekers (October 2015). Australia is NOT shocked by the routine torture of women asylum seekers on Nauru (June 2016). It’s August now, so here goes: AUSTRALIA IS NOT SHOCKED BY THE ROUTINE TORTURE OF WOMEN ASYLUM SEEKERS ON NAURU. Is anybody listening? Does anybody care? Another month, another devastating report on the systemic torture of women, children, men asylum seekers, by the Australian government, in Nauru. The language is strong, the pictures distressing, the analysis trenchant, the conclusion clear … yet again. The government denies everything, people claim shock and dismay; the women and children and men prisoners on Nauru continue to suffer intense degradation and torture, all according to plan. None of this is new, and, in that redundancy, none of us is innocent. We share the shame … or we will, someday.

This week’s report, Australia: Appalling abuse, neglect of refugees on Nauru: Investigation on remote Pacific island finds deliberate abuse hidden behind wall of secrecy, is a collaboration between Amnesty International and Human Rights Watch. Reiterating the kinds of torture imposed on women has become a kind of asylum pornography. Once a month, belly up to the window, plunk in your currency, and wait for the curtain to rise and the show to begin. The stories are exactly the stories one has come to expect: abuse, sexual coercion and violence, abysmal health care, absent mental health care, filthy living conditions, despair, despair, despair.

What is somewhat specific to Nauru, but barely, are the extremes to which the Australian government has gone, both in terms of cruelty and secrecy. As Anna Neistat, Amnesty’s Senior Director for Research, noted, “Australia’s policy of exiling asylum seekers who arrive by boat is cruel in the extreme. Few other countries go to such lengths to deliberately inflict suffering on people seeking safety and freedom.” Michael Bochenek, Senior Counsel on Children’s Rights at Human Rights Watch, added, “Australia’s atrocious treatment of the refugees on Nauru over the past three years has taken an enormous toll on their well-being. Driving adult and even child refugees to the breaking point with sustained abuse appears to be one of Australia’s aims on Nauru.”

Australia and Nauru have colluded in building “a wall of secrecy” not only around the conditions of life, and death, among asylum seekers, but they’ve managed to weave that wall into the fabric of the asylum seekers’ lives and community as well as that of the nation: “The Australian government’s offshore operation on Nauru is surrounded by a wall of secrecy, with both Australia and Nauru going to great lengths to prevent the flow of information off the island. Service providers and others who work on the island face criminal charges and civil penalties under Australian law if they disclose information about conditions for asylum seekers and refugees held offshore. Nauru has banned Facebook on the island and has enacted vaguely worded laws against threats to public order that legal experts fear could be used to criminalize protests by refugees and asylum seekers. Journalists in particular face severe restrictions on entry, with an $8,000 non-refundable visa fee and a protracted application process. Nauru has granted visas to just two media outlets since January 2014. Other requests have been rebuffed or met with no response. UN officials have been denied entry or in some cases have concluded that a visit would be impractical due to severe limitations on their access.”

What starts in Nauru spreads to the entire nation. According to another report issued this week, “Almost half the deaths in immigration detention over the past five and a half years remain unsolved, including two deaths from 2013 and three deaths from 2014 … Since January 2011, 21 people have died in immigration detention, including 18 in onshore detention. The death toll could be higher, as the figures do not include all stillbirths, infants who died in hospital shortly after birth, or miscarriages of people in immigration detention. The Department of Immigration and Border Protection refused to answer questions about infant mortality and miscarriages among detainees and a Freedom of Information request was rejected, despite new claims women detained at Nauru suffer from a high rate of pregnancy complications … Of the 18 deaths in onshore immigration detention since the beginning of 2011,two occurred at the Curtin detention centre in WA, two at Yongah Hill in Northam (WA), two at Phosphate Hill on Christmas Island, four at Villawood in NSW, two in Sydney IRH, and one death each in Darwin, North West Point facility in NSW, Melbourne ITA, Maribyrnong IDC in Melbourne, Wickham Point IDC outside Darwin, and Scherger IDC in Weipa, Queensland. Six of the resolved cases were suicides. Of the 10 unresolved deaths, two were on Manus Island and one on Nauru, two at Yongah Hill, one at Villawood, one at Darwin, one at Phosphate Hill, one at Melbourne, and one at North West Point.”

Australia declared war on refugees and asylum seekers and then weaponized the bodies of women, children, and men who had already come to Australia seeking haven. They are just so much materiel meant to be used up or left behind, like shrapnel or land mines. It’s happening across Australia; it is Australia. AUSTRALIA IS NOT SHOCKED BY THE ROUTINE TORTURE OF WOMEN ASYLUM SEEKERS ON NAURU. Can you hear me now?

Refugee children protest their relocation to Nauru

 

(Photo Credits: Amnesty International)

Australia’s “I can’t breathe” moment … or not

Last night, Australians watched in horror as the investigative journalism series Four Corners showed the torture and abuse of children in a so-called juvenile justice facility in the Northern Territory. The show opens: “The image you have just seen isn’t from Guantanamo bay…. or Abu Ghraib.. but Australia in 2015… A boy, hooded, shackled, strapped to a chair and left alone. It is barbaric. This is juvenile justice in the Northern Territory, a system that punishes troubled children instead of rehabilitating them – where children as young as 10 are locked up and 13 year olds are kept in solitary confinement. Most of the images secured by Four Corners in this investigation have never been seen publicly. They are shocking – but for the sake of these children who are desperate for the truth to be known, we cannot look away.” It may “shocking” but none of it is new. We have known all along.

At a number of points in the near hour-long documentary, children are heard to plead, “I can’t breathe. I can’t breathe.” To no one’s surprise, their pleas go unattended, or worse, their pleas incite the guards to further and more intense violence. From Staten Island to Berrimah, where the Don Dale Youth Detention Centre is located, “I can’t breathe”. Eric Garner haunts the world … to no one’s surprise.

To no one’s surprise, a majority of the children in the video and center are Aboriginal. To no one’s surprise, Indigenous incarceration in Australia is rampant.

To no one’s surprise, this very torture of Aboriginal children in custody had been reported, and largely ignored, last year. It takes a video to document the destruction of a child.

When indigenous leader Nova Peris was a Senator, she raised this very issue in Parliament, and now she asks, “How many more royal commissions do Aboriginal people have to get excited about? There was a lot of hope when the royal commission into Aboriginal deaths in custody was done, yet barely any recommendations were implemented. In 1997, the Bringing Them Home report about children in out-of-home care gave us hope, but what actually happened there, if anything? No-one listened. These kids need rehabilitation, they don’t need torture: hate breeds hate, they need to know that there is life outside. Over the years people brushed these kids off, calling them ‘little bastards’. These are kids as young as 11 years old, how are they even thinking criminal activities. Let’s look at the underlying issues here.”

To no one’s surprise, the Indigenous Affairs Minister ignored earlier reports of abuse. They didn’t “pique” his interest.

So now, the Northern Territory Minister has been fired; the “shocked” Prime Minister has called for a Royal Commission; and the guards in the video are still guarding the very children they were taped abusing.

Abu Ghraib. Guantanamo. Eric Garner. The new Gulag Archipelago, same as it ever was. We all share Australia’s shame. I can’t breathe. I can’t breathe. I can’t breathe. I can’t breathe. I can’t breathe. I can’t breathe. I can’t breathe. I can’t breathe. I can’t breathe. I can’t breathe. I can’t breathe. I can’t breathe.

 

(Image Credit: Fastcodesign) (Photo Credit: ABC Four Corners)

The nation-State of Jane Doe: Torture in Texas

Welcome to the nation of Jane Doe, where State violence forces women into anonymity. Last week, two Jane Doe cases garnered national attention. In one case, a rape survivor was jailed for more than a month to “ensure” she would be present at her rapist’s trial. In the second, a U.S. citizen was forced to undergo body cavity searches at the U.S. – Mexico border. Meet Jane Doe; she is the face, body and name of citizenship in the United States today.

Last Thursday, “the ACLU of Texas and the ACLU of New Mexico announced a record settlement in which U.S. Customs and Border Protection (CBP) paid a New Mexico woman $475,000 for illegally subjecting her to vaginal and anal searches after she was detained at the Cordova Bridge point of entry in El Paso … Last year the University Medical Center of El Paso paid the same woman — referred to in the lawsuit as Jane Doe to protect her privacy — a $1.1 million settlement for its collusion in the invasive searches.”

Jane Doe’s story began in 2012, as she crossed the El Paso’s Cordova Bridge from Mexico to the United States. A drug-sniffing dog alerted border agents that Jane Doe was carrying drugs. The agents conducted a strip search at the station, using a flashlight to examine her genitals and anus. Finding nothing, the agents sent Jane Doe to University Medical Center, where Jane Doe was forced to undergo observed bowel movement, an X-ray, a speculum exam of her vagina, a bimanual vaginal and rectal exam, and a CT scan. There was no warrant and Jane Doe never consented to anything. Finding nothing, border agents gave Jane Doe “a choice”: sign a medical consent form or pay for the hospital “services.” Jane Doe refused to sign, and received a bill of $5,488.51.

Jane Doe sued and last week won. According to Rebecca Robertson, legal and policy director for the ACLU of Texas, “This result could not have been achieved without Ms. Doe’s courage and perseverance. Had she succumbed to the threats of CBP agents and remained silent, who knows how many others might have suffered a similarly despicable experience.”

In another case, in 2013, a different Jane Doe was raped, in Houston, Texas. This Jane Doe lives with bipolar disorder. Three years later, in December 2015, Jane Doe was testifying 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 so 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.”

Jane Doe is suing Harris County, Texas, for the abuse and torture she experienced in jail. During 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. After all of that, Jane Doe did exactly as she had done all along. She cooperated with officials and completed her testimony in January.

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,”

This is the State of Jane Doe where two women, all women, become one and the same. Their suffrage and citizenship is violence and torture: sexual, psychological, physical, spiritual, economic, political. Welcome to the State of Jane Doe, no country for women.

 

(Image Credit: Moviefone)

#BlackLivesMatter: Across the Black Atlantic, mourning Black mothers demand justice

Mzee Mohammed

we were two Black women touching our flame
and we left our dead behind us
Audre Lorde, Our Dead Behind Us

Samaria Rice, in Cleveland, and Karla Mohammed, in Liverpool, sit across from each other at opposite ends of the Black Atlantic table, and whisper, speak, shout and howl, “Black Lives Matter.” Samaria Rice’s 12-year-old son, Tamir, was killed by a Cleveland police officer, on November 23, 2014. Karla Mohammed’s 18-year-old son, Mzee, died after being restrained by Liverpool police officers, on July 13, 2016.

Samaria Rice says, “I will never forget that day. Them taking my baby away at 12 years old, I still had nourishment to do for my son. He was only 12. He had just been 12 for five months. I still had a lot of nurturing to do for him, a lot of holding and kissing on him, and stuff like that. I know just 12 years old for a boy is like a turning point. I was guiding him in the right direction. I really was. He was really not a bad kid.”

Karla Mohammed says, “I want to ask the Lord to see justice for my son. I will not rest, I will walk in my son’s shoes until I get answers, and anyone who had a hand in my boy’s death will be brought to justice. My son will not be a number or a statistic. His death will not be in vain. I pray with my heart no mother or father go through what I am now. I would not wish this on my worst enemy. You can’t take the memories, the pictures … my son was not an animal, he was a human being.”

Samaria Rice and Karla Mohammed face each other across the pain filled abyss of their absent sons, Tamir and Mzee. They speak the same language of pain, love, and demanding justice.

This is the Black Atlantic today, from Liverpool to Cleveland and back and beyond, Black Mothers of the Disappeared surrounded by friends and supporters chanting, “Black Lives Matter”. “Black Lives Matter” is the prayer of today’s Black Atlantic. Meanwhile, Mzee Mohammed’s family is raising funds to have him sent to be buried in Jamaica. Karla Mohammed explained, “We’re here for Mzee, not for anybody else. My boy. My soldier boy. My chocolate boy. My baby boy is going to have the biggest send off, but no way on god’s greenery will my boy rest in this city. My boy is going to take his final journey and be entombed in Jamaica where he belongs. When he goes to Jamaica it’s going to open wide and he will fly like a bird. Where the song says three little birds, now there’s four little birds. My boy. My L8 soldier. My chocolate boy.”

Tamir Rice

 

(Photo Credit 1: Liverpool Echo) (Photo Credit 2: Voice of Detroit)

The United States prefers mass incarceration to mass education

Welcome to the United States of Incarceration. According to a recent federal report, from 1989 to 2013, “All states had lower expenditure growth rates for PK–12 education than for corrections, and in the majority of the states, the rate of increase for corrections was more than 100 percentage points higher than the rate for education … Over the past three decades, state and local government expenditures on prisons and jails have increased about three times as fast as spending on elementary and secondary education.” The three decades’ long surge in police violence as well as in prison and jail deaths has been funded by taking money from schools and dumping it, along with Brown and Black bodies, into prisons and jails.

Texas leads this punitive race to the bottom. Between 1989 and 2013, Texas’s “corrections” budget increased by 850 percent, handily leading all other states. Next in line are Wyoming (712% increase), New Mexico (704% increase), and Idaho (701%). While nationally prison spending has risen three times as fast as school spending, in Texas, prison spending has risen eight times as quickly. Between 1989 and 2013, Texas’s public pre-K through 12 budget increased a mere 182%. With a three decades’ long prison – to – school discrepancy of 668%, Texas “leads” the nation.

At the postsecondary level, the situation is even worse. Currently 18 states spend more on prisons and jails than on colleges and universities.

This robbing pupils to cage prisoners scenario is explained away by harsh mandatory sentencing guidelines combined with generalized broken windows policing that results in the working poor being herded into prisons and, even more, jails. In Houston, for example, 75% of those in jail are awaiting trial. They can’t afford to post bail, and so they sit behind bars. Their collective crime is poverty.

But there’s more to mass incarceration than “unfortunate” policy. There’s urban development. A recent federal report on the prison-instead-of-school pipeline notes, “Researchers at Columbia University found that a disproportionate number of the upwards of two million people in U.S. prisons and jails come from disadvantaged neighborhoods in the country’s biggest cities; the authors coined the term `million dollar blocks’ to refer to places where the concentration of incarcerated individuals is so dense that states are spending over a million dollars a year to incarcerate the residents of a single city block. Incarceration in the U.S. occurs disproportionately among people of color.”

Why invest in urban Black and Brown neighborhoods when you can ship resident bodies out of town, to failing predominantly White rural communities where land values have been forced to collapse and unemployment and precariousness reign? Follow the money. The fervid investment in prisons and jails at the expense of grade schools, colleges and universities is part of the overheated urban real estate market of “growing” and “redeveloping” cities. It’s the latest form of root shock where, thirty years ago, the racial politics of `blight’ as a form of `urban renewal’ became a targeted policy of no school left standing in Black and Brown neighborhoods, and no prison or jail cell left behind.

 

(Image Credit 1: Design4Peace) (Image Credit 2: Washington Post)