Surveiller et punir … et mourir

February 6, 2024 by Leave a Comment

Next year will mark 50 years since the publication of Michel Foucault’s groundbreaking Surveiller et punir: Naissance de la prison. That was February 1975. Two reports issued this week concerning the state of prisons in France and in Scotland suggest that the “birth of prison” continues unabated to this day. While it’s not particularly surprising that prisons born of the will to knowledge expressed as a toxic mix of discipline and punishment, it still makes one wonder what our collective, and often individual, investments are in such an inhumane and cruel institution.

Today, the French section of the International Observatory of Prisons published Au coeur de la prison: La machine disciplinaire. According to the report, in 2022 almost half of incarcerated people were “the subjects of incident reports”, resulting in 69,174 “disciplinary sanctions”, including over 100,000 days in solitary confinement. Take a discrete population in a controlled space. Criminalize every action. Impose cruel and unusual punishments on at least half the population. Tell them it’s for their own good, for their “rehabilitation”. These are lessons they have to learn. And there you have it, a disciplinary machine: “In prison, the list of faults punishable by disciplinary sanctions is potentially infinite, referring to categories of behavior that are sufficiently vague to encourage arbitrariness, behind mentions of `protection of order’ or ‘normal functioning’ of the establishment.” In 2022, half the sanctions led to solitary confinement, often for as long as 30 days, in violation of European prison rules. What comes of rampant solitary confinement, “the heart of the disciplinary response”? High rates of self-harm and suicide, unsurprisingly. An example of the arbitrariness of the disciplinary machine: “The standards governing the clothing of women prisoners are stricter than those for men.” For incarcerated women, bared shoulders or visible knees can lead to solitary confinement.

Yesterday, the Scottish Centre for Crime and Justice released Nothing to see here? Deaths in custody and FAIs in Scotland – 2023, its third report on deaths in custody in Scotland. The Centre reports that four people die every week in Scotland while detained or under the control of the state. Between October 2022 and September 2023, 244 people died in state detention or care. Police contact deaths are increasing. Deaths have been increasing among those in mental health detention. Since the pandemic, deaths have been rising among those in migration detention and asylum “accommodation”. Deaths have been rising among looked after children and young people. Deaths among those held in prison “have been rising for many years, and this accelerated in the pandemic.” The death rate in prison in 2021-23 was 618 (per 100,000) compared to 242 in 2008-10. Between 30% and 50% were suicide and drug deaths. “Suicide and drug deaths in prison are increasing, and drug deaths are much higher in Scotland than in prisons in other places, including England and Wales, Australia and Europe.” More people sentenced to prison for longer terms have been committing suicide. Despite the rising numbers, most of the official documents refer to the deaths as “regrettable but inevitable”. Where are the women in this scenario? “The average age at death of … women who have died in prison since 2004 is 37 years; for men, the overall average since 2004 is 46.” Regrettable but inevitable.

Regrettable but inevitable is the theme for both reports. Create a disciplinary machine and what do you get? Regrettable but inevitable harm, often leading to death, within the prison or beyond, and not only for the incarcerated. Throw people into the hole and if they self-harm or kill themselves, it was regrettable but inevitable. The system had no part in that, there was no torture, there was no execution, there was only carceral agency. Build a structure where women “die” at an age nine years younger than that of men, and this in Scotland where the current life expectancy is 80.7 years for women, 76.5 years for men. So, women are “losing” 44 years, more than half an expected life span. Regrettable but inevitable.

Near the end of Discipline and Punish, Foucault wrote, “Is it surprising that the cellular prison, with its regular chronologies, forced labour, its authorities of surveillance and registration, its experts in normality, who continue and multiply the functions of the judge, should have become the modern instrument of penality? Is it surprising that prisons resemble factories, schools, barracks, hospitals, which all resemble prisons?” Fifty years later, so-called democracies are still committed to and investing in essentially the same prison system. Is it surprising? No, it’s regrettable and inevitable.

 

(By Dan Moshenberg)

(Image Credit: Louise Bourgeois, “Cell XIV (Portrait) / Tate)

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Over the past three years, Scotland’s prisons saw record deaths. Where are the women?

January 8, 2023 by Leave a Comment


In November, a study appeared, “Still nothing to see here? One year update on prison deaths and FAI outcomes in Scotland”. As the title suggests, a year earlier, the same research team produced, “Nothing to see here? Statistical briefing on 15 years of FAIs into deaths in custody”. FAIs are Fatal Accident Inquiries, which, since 2016, are required for all deaths in custody. In 2015, the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 was passed and signed into law in 2016. Its intent was to regularize and speed up the holding of inquiries on the job as well as in custody. At the same time, the hope was such a regularized system might also shed some insight into the pattern of deaths, both at work and in custody. In 2019, it was noted, “The passing of the Act has made absolutely no difference.” The recent reports suggest that assessment was either premature or too kind. Since 2016, the situation has worsened, considerably. In that deteriorating climate, where are the women?

“Still nothing to see here?” begins” “There were more deaths in prison over the past three years than in any other three-year period in Scottish prison records: 121 people died in prison between January 2020 and September 2022 compared to 98 deaths between 2017-19, and 76 deaths between 2014-16. Covid was not the main cause of the increase in the current period. Suicide and drug-related deaths are the driving forces in rising levels of death. Together, they were the leading cause of death in prison in 2022. Comparison with earlier periods shows that the chance of dying in prison in 2022 is double that for someone who was in prison in 2008. Rough comparisons with England and Wales show Scotland’s prisons had higher rates of deaths due to Covid, suicide and drugs.” As to FAIs, the situation has remained abysmal. The inquiries tend to take over two years to complete and almost never provide insight into means of prevention.

While Covid impacted the prisons, the main cause of death, again, was suicide and drugs. “Suicide is the leading cause of death of women in prison.”

The report notes that too often “very unwell people, who did not clearly present a threat to public safety” are detained. Often, they die: “These cases raise further issues of care and dignity in custody.” Here is one such case: “Police were called by members of the public reporting a woman wandering, confused and cold in pyjamas and a coat on a cold autumn evening. They had given her a cup of tea when police arrived, who on checking her record and noting outstanding warrants (for theft), arrested her. She was moved through three different police offices over several hours that night, and at each of these a flag on her record of medical issues requiring her to be seen by a health care professional whenever in custody was missed. The next morning she was taken to court where she spent seven hours waiting in a holding cell. By the time of her court appearance late in the day she could not stand or walk unaided and was placed in a wheelchair where she sat ‘slumped’ as the Sheriff denied her bail. After her bail hearing she was returned to the court holding cell, her health deteriorating for another two hours. At this point paramedics were called and arrived, and she was taken to hospital, where her health continued to deteriorate and she died six days later, never leaving hospital. No corrective findings made.”

The people who found this woman gave her tea. The police put her behind bars. No corrective findings made. According to the earlier report, between 2005 and 2019, “not a single FAI in the case of a woman dying in prison made a finding identifying any precautions, defects or recommendations.” What else is there to say?

In December 2016, the prisons established a suicide prevention strategy called “Talk to Me”: “following the introduction of the Talk to Me strategy there have been 42% more suicides than before it came into effect”. What else is there to say? Again, in Scotland, suicide is the leading cause of death of women in prison. Has been, continues to be.

In 2021, research, funded by the Scottish government, found that 78% of incarcerated women in Scotland suffered from significant head injury, most of which was caused by sustained domestic abuse. How did the government respond to this? Silence. More incarceration, more suicide. What then is the value of a woman’s life? Of women’s lives? Their deaths in custody, where inquiry is mandated, result in nothing, less than nothing, in terms of learning, insight, concern, care, and, if anything, an assault on their dignity and that of their loved ones. How many more reports, studies, commissions are needed? Stop sending women to prison. Don’t close one only to open another. Close them all and rediscover justice.

(By Dan Moshenberg)

(Image Credit: Louise Bourgeois, Cell XIV (Portrait) / National Galleries of Scotland)

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Ireland and South Africa reject the `natural’ inevitability of eviction

October 24, 2022 by 8 Comments

“Yet many of these issues, I found, could not really be thought through, and some of them, I believe, cannot even be focused unless we are conscious of the words as elements of the problems.”         Raymond Williams, Keywords: A Vocabulary of Culture and Society

The weather in the United States these days is terrible. Virginia and the Bay Area, in California, are threatened by tsunamis, while Hennepin County, in Minnesota, faces the prospect of monsoon. These are not meteorological events. They are eviction tsunamis and monsoons. While the figures of speech portray the intense destructiveness of the eviction situation, from coast to coast, they also provide a bit of an alibi, in that they naturalize the precipitous rise in eviction across the United States and beyond. Evictions are not natural events, they are created by humans, individually and in corporations. Likewise, skyrocketing rents and rates of eviction are not natural events; they too are created by individual landlords and, often, by corporate landlords. To the same degree that climate change is created by human action and especially `economic development’, so is eviction. Recently, Ireland and the Johannesburg High Court, separately, rejected the `natural’ inevitability of eviction and chose to promote the right to decent housing as a fundamental element of human dignity and the right to dignity.

In September, with winter approaching, Scotland temporarily froze rents and halted evictions. At the same time, in Ireland, with an equally bitter winter approaching, a third of renters reported they spend 50% or more of their income on rent. Rents in Ireland are “doubling, tripling”, according to Helen McEntee, Ireland’s Minister for Justice. In October, the Irish government decided to follow Scotland’s example and halted all evictions between November and March of next year. While landlords have claimed they are being `forced out’ of the market, tenants and their allies welcome the respite. Everyone recognizes that a five-month halt to evictions will not resolve the severe affordable housing shortage in Ireland, at least it will provide a momentary respite and a modest recognition of the humanity and dignity of those most vulnerable.

Meanwhile, in the case of Rycloff-Beleggings (Pty) Ltd v Ntombekhaya Bonkolo and Others, the Johannesburg High Court ruled that a group of working people’s access to work and right to dignity had to be considered when adjudicating an eviction notice. The case involves waste reclaimers who have been living on an `undeveloped’ stretch of farmland that lies between a residential complex and a business park in the Midrand section of Johannesburg. In 2018, the owners of the land, Rycloff-Beleggings, decided they wanted to `develop’ the land, and so issued eviction notices. The city offered a site with no possibility of developing waste reclamation economies, and so, in May 2019, the residents sued, demanding to either stay put or be placed somewhere where they could continue to work. On October 4, Judge Greg Wright agreed and gave the city until March 2023 to find appropriate site for the community. Anything else “would leave them at risk of not being able to maintain their dignity and care for their children.  It would be unfair and therefore unconstitutional to uphold the other parties’ rights while the reclaimers go hungry. Furthermore, the rights of children are paramount in cases involving children such as the present one.” If people are on the land, it is not `undeveloped’. If people live in a neighborhood, it too is not undeveloped.

At one level, both Ireland and the Johannesburg High Court chose to respect  the “indivisibility of all human rights”. While the Irish protections only last through the winter and the South African decision is only one court, the examples are illustrative. First, evictions can be stopped. Second, every human being and every community of human beings has the right to dignity. Third, eviction is not a natural, inevitable event. We can stop evictions. Finally, many descriptions and analysis of the housing crisis focus on large numbers, but we must also remember that every eviction is a housing crisis, and every housing crisis is an affront and an assault on all human rights. Scotland, Ireland, and the Johannesburg High Court acted in the name and service of human dignity and decency. Who will follow their example?

 

(By Dan Moshenberg)

(Infographic credit: The Irish Times)

 

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Winter’s coming. Scotland stops evictions and rent increases. Your government can too!

September 8, 2022 by 4 Comments

Winter is coming to the Global North. In the United Kingdom, winter can be brutal. Inflation this week hit 10.1%, the highest since 1982. Rents across the United Kingdom have skyrocketed at never-before-seen rates or levels. Scotland was hit the hardest. Last year, across the United Kingdom, close to a million rental households feared and anticipated eviction: “Black, Asian and minority ethnic (BAME) renters, renters with children, lower-income renters, and renters that have lost income during the pandemic, are disproportionately struggling.”. Where are the women in this tragedy? Black women, Asian women, minority ethnic women. Women with children. Lower-income women. Women who have lost income during the pandemic. Where are the women? Everywhere, disproportionately.  This week, Nicola Sturgeon, First Minister of Scotland, responding to the crisis, announced a rent freeze on public and private properties and a ban on winter evictions. In Scotland, 37% of households are rentals. The rent freeze and the ban on evictions will be in place until at least March 31.

According to Nicola Sturgeon, by October, 40% of all Scottish households would be “in fuel poverty”, 37% in “extreme fuel poverty”. As we have seen in the United States and elsewhere, fuel poverty translates to food poverty, housing poverty, education poverty, health poverty. Fuel poverty translates as well into increased domestic and community violence. There are no discrete poverty categories. As Nicola Sturgeon noted, “It is, to be blunt, a humanitarian emergency”.

Scotland cannot address fuel poverty on its own. The United Kingdom, ie Westminster, must do that. Scotland has the same impediments as many jurisdictions around the world. It can do some, but not all, things. But it has decided to do something. In Scotland as elsewhere, a rent freeze is controversial. A ban on evictions is controversial. The government of Scotland decided to welcome the controversy and move forward: “It will aim to give people security about the roof over their heads this winter through a moratorium on evictions. Secondly the legislation will include measures to deliver a rent freeze. The Scottish government does not have the power to stop your energy bills soaring but we can take action to ensure your rent does not rise. The practical effect of this statement is that rents are frozen from today. Two of the most important and fundamental sources of security for any of us are a job and a home. In times of economic and financial crisis. These can be the foundations that helps people through.”

These can be the foundations that help people through. Scotland has acted. Your government can as well.

(By Dan Moshenberg)

(Image Credit: BBC)

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In Cornton Vale, Scotland’s one women’s prison, women with complex mental health needs are routinely thrown into solitary for days on end

July 8, 2021 by 8 Comments

Today, Scotland’s Mental Welfare Commission released the findings of their investigation into the treatment of women with complex mental health needs who have the great misfortune of ending up in Scotland’s one all-women’s prison. The Commission reports that women with mental health needs were sent into solitary confinement, euphemistically called Separation and Reintegration Units, for anywhere from a day to 82 days. The cells are described as “sparse and lacking in comfort. The narratives in women’s notes suggested there was little in the way of positive sensory stimulation in the environment of the SRU. There was limited human contact and if other women in the SRU were distressed or unwell, their vocalisations were likely to be audible, disturbing and distressing. When women’s self-care deteriorated, they may also have experienced physical and sensory discomfort in this context.”

The report goes on to note, “Part of the ethos, and indeed the name of SRUs, is that offenders are reintegrated into the mainstream environment after a period of time. Reintegration did not appear to feature in the majority of cases we reviewed …. For women who were floridly unwell with acute psychosis or manic psychosis, the severity of their symptoms and level of disturbance significantly worsened in the SRU.”

None of this is surprising or new. That solitary confinement, for anyone, is torture is not new. That solitary confinement as a response to women’s health needs is torture is not new. That solitary confinement as a response to women in need is, nevertheless, altogether ordinary also is not new. That solitary confinement worsens everything is also not new. That Cornton Vale is a toxic hot mess, with high levels of suicide and self-harm is also not new. Due to its high rates of suicide and self-harm, Cornton Vale has been called the “vale of death”. None of this is new or surprising.

In 2018, the European Commission on the Prevention of Torture visited Cornton Vale: “The CPT raises serious concerns about the treatment of women prisoners held in segregation at Cornton Vale Prison …. The CPT found women who clearly were in need of urgent care and treatment in a psychiatric facility, and should not have been in a prison environment, let alone segregated for extended periods in solitary confinement under Rules 95 and 41 (accommodation in specified conditions for health or welfare reasons). Prison staff were not trained to manage the highly disturbed women.” When they returned, in 2019, they found that the situation was somewhat improved, in some senses, but that the use of segregation, and in particular long-term isolation, persisted. None of this is new or surprising.

What is new is that this is not new. On July 10, 2017, Nicola Ferguson Sturgeon, First Minister of Scotland and leader of the Scottish National Party, wrote, “Tomorrow sees a major milestone in the transformation of our justice system. We will begin the demolition of Cornton Vale women’s prison, a move that marks the next stage in our plans to ensure Scotland’s penal policy doesn’t just punish people who’ve committed crimes – important though that is – but helps deliver safer communities in the long term.” What happened? Why, four years later, is Cornton Vale still standing? What happened to the alternatives — an 80-bed prison, five regional 20-bed facilities, community sentencing and service, and much greater funding for mental health, drug abuse, counseling? What is the investment in Cornton Vale’s catastrophic failure, such that, four years later, the vale of death, the vale of women’s slow and painful death and deaths? Haven’t there been enough inquiries and enough `discoveries’, enough corpses and enough ruined lives?

(By Dan Moshenberg)

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In Scotland, what happened to Katie Allan? Death by omission of care

November 25, 2018 by 48 Comments

Katie Allan

In Scotland, in early March, Katie Allan, 20 years old, was arrested for drunk driving and convicted to 16 months in Polmont Young Offenders’ Institution. Less than three months later, in early June, Katie Allan was “found dead” in her cell. On, October 4, William Lindsay, also called William Brown, was brought before a magistrate for possession of a knife, assault, and breach of peace. Although he was “flagged” as a suicide risk, William Lindsay was sent to the same Polmont Young Offenders’ Institution. Within 48 hours of arrival, on Sunday, William Lindsay was “found dead”. Now Katie Allen and William Lindsay lay in the same narrative ground, buried in expressions of “sympathy” and “tragedy”. William Lindsay was the fourth youth to commit suicide in Polmont Young Offenders’ Institution in two years. After Katie Allan’s death, absolutely nothing was done to ameliorate the situation. There was no tragedy. There is no tragedy in multiply redundant public policy. Katie Allan’s and William Lindsay’s families demand justice. We all should. We all should ask, “How many deaths will it take til we know that too many people have died?” How many deaths will it take til we know that too many children have been sacrificed … and for what?

Katie Allan studied geography at Glasgow University. One night, she drank way too much, got in her car, and went to drive home. On her way, she hit a 15-year-old-boy who was out for a run. She knocked him unconscious and left him in the middle of the road. When she appeared in court, she expressed great concern for the boy, great remorse for what she had done, and said she was ready for her punishment. She kept putting her hands before her, as if to accept handcuffs. Katie Allan was ready for justice. Katie Allan was also a young woman who self-harmed, often. Her parents told the authorities that Katie needed help. She got no help. Her parents say she was bullied and regularly subjected to strip searches. She never received any medical or psychiatric treatment. By the time Katie Allan was “found dead”, she had pulled out much of her hair.

This is not a tale of tragedy but one of horror. Why did no one in the system help this young woman, who obviously needed assistance? Why must the parents be the ones to advocate, during life and, even more, after death, for justice for their loved ones … and for the loved ones of others? How many suicides in custody does it take for an agency to recognize the peril?

On Friday of this past week, Scotland’s Justice Secretary announced that a “review would examine arrangements for young people with mental health issues entering custody, including the information available about their backgrounds, reception arrangements and on-going support and supervision while in custody.” Almost a full six months after Katie Allen was put into a suicidal situation. What would have happened if William Lindsay had not suffered the same death by omission sentence? How many deaths does it take?

On November 25, 2018, International Day for the Elimination of Violence Against Women, think of Katie Allan and all the women who have been sentenced to death by omission of care, all the women who have been knowingly sent to their deaths by throwing them into cells like so much trash and then waiting for the moment to “find them dead.” How many deaths does it take til we know?

William Lindsay

(Photo Credit 1: The Falkirk Herald) (Photo Credit 2: John Devlin / The Scotsman)

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Scotland: 400 children tortured, buried in unmarked mass graves, and no crime was committed

September 15, 2017 by 22 Comments

Inside the orphanage

From 1864 to 1981, children were sent to the Smyllum Park Orphanage, in Lanarkshire, Scotland, where they were routinely tortured, sexually abused, and then dumped into unmarked graves. The orphanage was run by the Daughters of Charity of Saint Vincent DePaul. The sisters who died received proper funerals, complete gravesite and headstone. Close to 12,000 children stayed, and suffered, in the Smyllum Park Orphanage. In 2003, two survivors, Frank Docherty and Jim Kane, found what they thought might be a mass grave of Smyllum. They pushed the Daughters of Charity for some answers. In 2004, the order responded that they thought 120 children had died in the orphanage. Frank Docherty and Jim Kane suspected those figures were low. They continued to push. Earlier this year, both Frank Docherty and Jim Kane died. This past Sunday, the BBC and Scotland’s Sunday Post published the results of a joint investigation, and they claimed over 400 children are buried in that gravesite. As of Tuesday, the police have said that there was no evidence of criminal activity, but they will continue to investigate any allegations. If the activity was not criminal, what then was it? Ordinary?

In 2013, Andi Lavery founded White Flowers Alba, a group that advocating for Smyllum Park Orphanage survivors. After reading through the death certificates gathered by the reporters, Lavery said, “Why should they be dying from starvation? Why should they be dying from treatable infections? Why should they be dying from beatings?” These are not “rhetorical” questions. Andi Lavery, and others, want answers.

Marie Peachey is now 54 years old. She, her brother Samuel and sister Brenda suffered the orphanage from 1964 and 1969. Marie Peachey has suffered ever since. In 1997, she went to the police with allegations of abuse, but they said it had happened too long before. In 2003, she tried to sue the Daughters of Charity, but was told, again, that the events had happened to distantly in the past. In 1998, Marie Peachey was diagnosed with post-traumatic stress disorder. Today she says, “It is awful to think of all of those poor children buried and forgotten. We have endured years and years of secrets and lies about this and everything else that went on at Smyllum. The truth must come out. It was a horrible being there. I was routinely beaten.”

Theresa Tolmie-McGrane entered the Smyllum Park Orphanages in 1968. She was six years old: “Every child was beaten, punished, locked in a dark room, made to eat their own vomit and I would say that most of us had our mouths rinsed out with carbolic soap.” Theresa Tolmie-McGrane describes sexual abuse, physical violence and systematic psychological torture. One nun in particular tried to break the girl-child down: “She almost made it such that I didn’t get to university. She did everything she could to sabotage. I’ve never met someone who tried to destroy another person in such a systematic way. Thank God she didn’t succeed.” Theresa Tolmie-McGrane left the orphanage at 17, went to university, and today is a practicing psychologist in Norway.

The Scottish Child Abuse Inquiry is investigating the case. From members of government to the Church and beyond, everyone is shocked at the tragedy. For decades, survivors have told their stories, to no avail. For decades, family relatives of those children demanded answers, to no avail. To their dying days, Frank Docherty and Jim Kane demanded what the White Flowers Alba demand: accountability, redress, and the restoration of dignity. Frank Docherty and Jim Kane died without seeing any of that.

This story hearkens to the story of Tuam, in Ireland, where infants and children born in the institution were ‘buried’ in septic tanks. From Tuam to Lanarkshire and beyond, people ask, “Who throws dead children into an unmarked grave?” Who? Everyone. In the process of modern `nation building’, some bodies have value and others have less than none and end up in trash heaps, septic tanks, unmarked graves. There was is no secret and there is no surprise here. The activity was not criminal, it was altogether ordinary.

 

(Photo Credit: Sunday Post)

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Tomorrow Scotland finally demolishes Cornton Vale, its only women’s prison

July 10, 2017 by 17 Comments


This morning, Nicola Ferguson Sturgeon, First Minister of Scotland and leader of the Scottish National Party, wrote, “Tomorrow sees a major milestone in the transformation of our justice system. We will begin the demolition of Cornton Vale women’s prison, a move that marks the next stage in our plans to ensure Scotland’s penal policy doesn’t just punish people who’ve committed crimes – important though that is – but helps deliver safer communities in the long term.” Cornton Vale is Scotland’s only women’s prison, and it has been a toxic hot mess for decades. Its destruction is welcome and long overdue.

Cornton Vale has been called the “vale of death”, due to its regularly high rate of suicide. Between 1995 and 1998, eight prisoners hanged themselves. Yvonne Gilmour hanged herself in 1996. So did Angela Bollan. Outcry and inquiry ensued. In 2001, in the span of a single week, Frances Carvell and Michelle McElvar hanged themselves. Outcry and inquiry ensued. In 2012, Sarah Mitchell was “found dead” in her cell. Outcry and inquiry ensued.

Outcry and inquiry, outcry and inquiry, the same drumbeat for more than twenty years. During that time, commissions found that the prison was overcrowded. Report after report decried the rising rate of women’s incarceration. Everyone seemed to agree that too many women were being thrown into prison. Meanwhile, Scotland’s women prison population rose by 120% since 2000. As of last year, Scotland “boasted” the second highest rate of female imprisonment in northern Europe. Spain’s number one.

Last year, a commission found that women at Cornton Vale were forced to use their cell sinks as toilets at night, because they had no access to proper toilets. It was just the latest scandal to mark the dismal history of Cornton Vale. Various commissions have described Cornton Vale as “not fit for purpose”; “wholly unacceptable in the 21st century”; “in a state of crisis”; “Victorian”; “a significant breach of human dignity”; “an unacceptably poor establishment”; “disgracefully poor”; and, as always, notorious.

After all the reports and deaths and harm, Scotland finally decided to shut Cornton Vale down. The first plan was to replace Cornton Vale with a larger prison, but cooler, evidence based heads prevailed, and that plan was dropped for another, an 80-bed prison, five regional 20-bed facilities, community sentencing and service, and much greater funding for mental health, drug abuse, counseling and more.

Cornton Vale is more than a “vale of death”, although that would have been enough. It was the vale of women’s slow and painful death and deaths. For the past two decades, Scotland  criminalized women’s lives and bodies and then, by unequal funding within the prison system, ensured that no one would leave unharmed. Tomorrow is a milestone. Cornton Vale will be demolished. Which women’s prison is next?

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In the UK, disbelief haunts the asylum process for women

November 4, 2011 by 2 Comments

Two hundred years ago, poetic faith was described as “that willing suspension of disbelief.” At that point, a culture of disbelief meant folk cultures and fantasy were relegated to the dustbin of history by `the lettered classes.’ Today, disbelief sends women asylum seekers to prison. Progress?

In the United Kingdom, women asylum seekers encounter a “culture of disbelief.” When Asylum Aid looked into the situation of initial decision-making in women asylum seekers cases, they found that 87 percent were turned down at the first hearing. Why? The UK Border Agency agents didn’t believe the claims. 87 percent is high, but that’s actually not the higher math. 42 percent of the rejected claims were overturned on appeal. In fact, 50% were ultimately overturned. The over-all average for overturning rejected appeals is 28%. That means that women’s stories are discounted as lies, at least by the border agents who make the preliminary decisions.

And it gets worse. Women wait longer than men to hear a final decision. How do they live while waiting?

In Scotland, all asylum seekers receive free healthcare. This includes those whose claims have been rejected. This means women. First, women make up a proportionately large part of those appealing, post rejection. Second, addressing women’s health concerns and, even more, women asylum seekers’ health concerns by engaging with the women as autonomous persons helps bring them into the larger and everyday social world. It is part of a larger Scottish project of refugee integration. But Scotland is the exception. For the rest of the United Kingdom, for Westminster, the situation is toxic, lethal.

Asylum seekers do not need to labor under the additional burdens, or are they punishments, of isolation and desperation. And depression. The vast majority of women asylum seekers are fleeing sexual and physical violence. Add to that isolation and a dehumanizing process, and you have a perfect recipe for self-harm and worse.

What is the architecture of the culture of disbelief? Prison. Private prison, at that, such as Yarl’s Wood, run by Serco. The typical scenario for a woman asylum seeker is travel long distance, end up in an overcrowded room with tons of strangers, approach a person sitting, austerely, behind a glass, and then, in a loud enough voice to be heard by a bunch of people, tell him or her the story of how you were violated. And then suffer rejection, being called a liar. And then go to Yarl’s Wood … or some other prison.

Welcome to the so-called “culture of disbelief.” Welcome to `democracy’.

It’s not disbelief. It’s efficiency. If 87 percent of the storytellers are rejected, that’s because the judge isn’t listening. Anyway, it’s more efficient to reject 87 percent, even if half will be overturned. Think of the savings from those who don’t appeal and from those who appeal and don’t succeed. And then think of the profits generated through the incarceration of innocent women courageous enough to tell their stories to strangers, courageous enough to seek a better world, despite all odds. That’s extraction of value, of profit, from time, from flesh, from pain and suffering, from degradation, from women.

This system, this version of `democracy’, was established during the bubbly times, during the economically ascendant times … for some. What is coming, as the UK charges from efficiency to austerity, is predictable. More cuts. Cuts to legal aid. Cuts to health services. Cuts upon cuts.

What is needed is a national campaign of willing a suspension of the culture of disbelief. Call it …  democracy. Call it, as well, feminism.

(Photo Credit: Liverpool Antifascists)

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Children are disappearing, into the night, into the fog

January 10, 2011 by 16 Comments

Children are disappearing. Sometimes spectacularly. Sometimes silently. Sometimes `without notice’. That children are disappearing is not new. Children asylum seekers and children of asylum seekers have been disappearing into detention centers in Australia, the United Kingdom, the United States, Greece, and elsewhere. In Australia, imprisoned children of asylum seekers are disappearing into the tortured self mutilation that must serve as a kind of escape from their current everyday circumstances.  Children of incarcerated mothers are disappearing in South Africa, Scotland, the United States and elsewhere. Children in schools are disappearing into seclusion rooms, aka solitary confinement.  In the United States, children of undocumented residents are disappearing, shipped like so much baggage, back to Mexico and parts unknown, often on their own.  In Jamaica, girl prisoners disappear into prison fires that were altogether predictable and preventable.  None of this is new. We have discussed this and more before. The events are not new nor is the failure to take responsibility.

Children are disappearing. Sometimes spectacularly, sometimes silently, other times `without notice’.

In England, an inquest opens today. It’s the second time around for this inquest. It concerns the death in custody, in August 2004, of Adam Rickwood. Adam was 14 when he was found hanging in his cell at Hassockfield Secure Training Centre, a private prison run by Serco, the same people who run Yarl’s Wood in the UK and all the immigrant detention centers in Australia, most notoriously Villawood.

When Adam Rickwood, who had never been in custody before, refused to go to his cell, he was `forcibly restrained’ with `a nose distraction’, a violent and invasive chop to the nose. Hours later, he was found dead, hanging, in his cell. At the first inquest, in 2007, the coroner refused to let the jury decide if the restraint constituted an assault.  It took thirteen years of struggle on the part of Adam’s mother, Carol Pounder, before the first hearing took place. Dissatisfied with the complete opacity of the system, she continued to push, and finally, finally a second inquest has been ordered. That starts today. Adam Rickwood would be thirty years old now.

Meanwhile, across England, there are 6000 children whose mothers are incarcerated, and, basically, no one officially knows their whereabouts. According to the Prison Advice and Care Trust, or PACT, they are “the forgotten children.”  According to PACT, the mothers of 17,000 children are in prison, and of those, 6000 are not in care nor are they staying with their fathers. They are `forgotten.’ Children are disappearing, some into the night, others into the fog.

At the same time, in Ireland, eleven unaccompanied children asylum seekers went missing last year.  Six have yet to be found.  Between 2000 and 2010, 512 unaccompanied children seeking asylum were `forgotten’. Of those, only 72 were ever found by the State. Forgetting children is not an exception, it’s the rule, when the children are children of color, children of asylum seekers, children of the poor, children in prison.  Children of strangers, children of neighbors are disappearing, into the night, into the fog.

In the United States, Phylicia Simone Barnes is a 16 year old honor student from Monroe, North Carolina. In December, she was visiting Baltimore, thinking of attending Towson University, a local university. Phylicia went missing on December 28. There has been little, very little, media attention, despite the efforts of family, the Baltimore Police Department, and the FBI to draw attention to this case.  Why? Baltimore Police spokesman Anthony Guglielmi thinks he knows the reason: “”I can’t see how this case is any different from Natalee Holloway. Is it because she’s African-American? Why?” When teenager Natalee Holloway disappeared, on holiday in Aruba, there was a `media frenzy.’ For Phylicia Simone Barnes, who is Black, there is fog. She is a forgotten child.

Christina Green was born on September 11, 2001, to Roxanna and John Green, in West Grove, Pennsylvania. She was one of the 50 Faces of Hope, faces of children born on that fateful day.  Like Phylicia Simone Barnes, Christina was a star student, an engaging child, bright, mature, `amazing’. She was killed on Saturday, in a volley of gunfire apparently directed primarily against Congresswoman Gabrielle Giffords.

What becomes of hope when a Face of Hope is lost? Children are disappearing, sometimes spectacularly, amidst blazing gunfire, sometimes through a policy of practiced omission and amnesia.  In the moment, the route of spectacle or silent lack of notice seems to matter. But in the end, they are all forgotten children, and they haunt the days and ways of our world.

 

(Photo Credit: BBC.co.uk)

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