Two Essays for Human Rights Day
http://ffuppenpalclub.blogspot.com/2013/03/two-essays-for-human-rights-day_6.html
The blogger Between the Bars asked two
political Prisoners in WSPF to Write essays on Solitary
confinement.
The international community
has deemed what US does here is cruel and inhuman. FFUP works with many prisons
and any one in the "free world to end the abuse and overuse of segregation.
Essay
one
2-18-2013
Beyond Solitary Confinement: Evolving the Standards
of Decency
By
: Mustafa- EL K.A. Agala
2-18-2013
Beyond Solitary Confinement: Evolving the Standards of Decency
By : Mustafa- EL K.A. Agala
I. Introduction
Punishment for crime is the
loss of liberty, not humanity. Deprivation of the latter is not only cruel and
unusual, but it is the denial of a human right; one the evolving standards of
decency in today’s society should no longer permit. Then, why am I a witness to
it daily? I am imprisoned in Wisconsin Supermax, solitary confinement, where
I’ve spent over a decade total on what I call “Psychological Death Row” for all
around me is psychological death; prisoners who have literally been destroyed,
annilated mentally. The assault on one’s sanity here is constant, and requires
constant guard, sometimes to the expense of physical health. However, this is
not an address to the panel to simply decry the conditions of this form of
confinement, but rather for professional and legal aid, and ACTION – to strike while the iron is hot and
end these inhuman conditions. We have the international community declaring
long term solitary confinement as torture, a human rights violation, the U.S.
congress taking up the issue, and an expose’ on Nightline , NO WAY OUT [inside
solitary confinement – 9-20-2012] , reporting on the physical [including brain
damage] and pschological damages of such treatment. Below is what I attest to
before you, and will do so under oath, and
what I’ve been fighting as prisoner –to- prisoner legal aid, what I’m
now fighting, and where your help is needed. Now is the time.
II. Psychological Deathrow
As early as 2001, over a
decade, in a case that I and another prisoner initiated, Jones-el[Agala] v.
Berge., 164 7 supp2d 1096[w,d,wis 2001),
the federal court determined(based on expert testimony] that Wisconsin Supermax
conditions bordered on the barbarous in its treatment of the mentally ill, and
enjoined them from being confined here. That injunction expired in 2008 and was never fully honored. Both
then and now you had [and have] prisoners
who have been diagnosed as
psychotic, who repeatedly attempt suicide, who have multiple personalities, who
argue with and fight themselves, smear their own feces, and crank out persistently[bang
on metal sinks, toilets, or shout incessantly] to the point of causing mental
illnesses [anxiety disorder, psychosis,
dysomnia, etc.] in other prisoners who had not been mentally ill.
Medication is dispensed almost like candy, and many admit to taking
psychotropic drugs just to sleep.
It is psychological deathrow
because it kills the sanity, and not by any mistake. The prisoners the
administration think are strong mentally, particularly litigators, culturally
conscious, politically astute, that challenge their status quo, they keep here
indefintely – until forced to release due to release from prison or until
they’ve destroyed them so bad mentally that they are attempting death, or even
the clinical/psychological staff has said ‘enough”! [which is rare.]. Consider
the following 2 cases from here: GILLIS V LITSCHER,468 f.3d 658 (7th
cir. 2006)7TH circuit described this place as a soviet style
gulag. Gillis, not mentally ill, was driven mentally ill, began to engage in
self mutilation [case settled for over $400,000], BARRETT VS. WALLACE, et.
al.,12-CV-24-bbc (w.d. wis) [now pending]. Sane prisoner driven insane,
repeated suicide attempts, c.o. who dispensed medication gave him PCP[medical reports on him – public
record, exhibited in the case on court docket.) I’m currently his only
assistance. He’s pro se, had the case
filed without my knowledge, now counsel and an expert witness in psychology is
needed.
III. Physical Harm
Prisoners here for the long
term [2-3 years and beyond, some much less] almost invariably suffer vision
loss; nearsightted, which oneoptometrist stated
comes from only being permitted to see objects the short distances that
an 8x12 cell sllows for years on end. I
am one of those whose perfect vision has been destroyed. Another visual ailment gotten here is a
condition in which we sometimes see a
white mass float across the
vision, similar to the “seeing stars “ phenomenon- just a white mass instead.
The walls here are all white[no objects
permitted to be hung on them]; very diminished visual, as well as overall
perceptual stimulation. High blood pressure development among previous fit ,
young men, who had ideal pressure[self included] prior to going here is also
rampant, as is high blood pressure related heart problems, aggravated asthmatic
condition and vitamin D deficiency due to the lack of meaningful exposure to
sunlight [2 1/2 hours or
less, often less or none a week] – which affects sleep, blood pressure, vision
and other functions.
Moreover, excessive force is
rampant. Two cases I helped litigate[draft and civil complaint, motions,
briefs, etc. for pro se prisoners up to trial or counsel appointment] are
indicative of this: Jackson v.Gerl, 2008 US District. Lexis 37672, para
10-14, published at 662 7 Supp2d 738 (w.d.wis. 2009) [lethal stinger
grenade detonated in the cell on a prisoner 5’8’’, 135lbs. for covering up his
window and disrespecting staff, left personal damage, settled for
$50,000-attached exhibit #1 -#3, public records show the aftermath. It was
unprecedented in prison history]; Bracey V. Grondin
1#10-c-287-BBC(w.d.wis)( nearly 60 year old prisoner who was shackled,
handcuffed behind his back, in waist restraints, tethered to the cell door, on
his knees, was punched in the face, rammed into the steel door, rammed into the
concrete wall. , brutally attacked by several
c.o’s, left with lacerations and a lump on his head the size of an egg.
He refused the state’s settlement offer, and is now in the 7th cir.
Appeals court over the issue of spoilation-- defendants destroyed the video]
Now as I write this , the prevalent method is to charge the prisoner with
asslaut/battery and disorderly conduct- outside criminal charges, when the
staff uses force against them. The D.A. returns to press charges against the
staff, but charges victimized prisoners regularly and usually offers a low plea
deal, which most take and bar themselves out of civil court. A U.S. Justice
Dept. investigation is underway.
IV Racial Discrimation
WSPF [Wisconsin Secure
Program Facility} , this Supermax, has approximately 100 prisoners on
administrative Confinement[A.C.], overwhelmingly Alkabulani[Black/African American], and that
has been the case since its Nov. 1999 opening. We [prisoners] did a count Jan.
2010 and found out of 100 cells there
were 72 Alkabulani, 12 Caucasian, 11 Latin and 3 Native prisoners on
A.C. [2 cells were empty], These eliminate
“chance” , and far exceed the standard deviation measured in Santiago
v. Miles, 774 f supp.775(w.d.n.y. 1991) , where a similar practice was
enjoined. I am Muslim and Alkabulani, and they are targeting our racial class
for this inhumane treatment and other deprivations – so many( like parole,
which I’ve been eligible for since Jan. 2009] that the A.C. placement affects.
Racial slurs are spewed at times, including the following to me: “kill yourself
nigger”, a message left in my clothes roll (prepared by staff, in ink we can’t have), and for which my
complaint was alterred. Civil action has been initiated on the race issue.
V
Help Needed
Now pending, as 072-9-2013
[mailing], is Mustafa-El K.A. Agala. Etal V Rick Raemisch, et all.
#13-CV-BBC (w.d.wis) , a class action on
2 issues: [1] Racial discriminationin A.C. segregation/solitary confinement
overall, in disciplinary write-ups, maximum security and supermax placement,
and [2] that A.C. and other long term solitary confinement is per se, in todays
evolved standard of decency, unconstitutional, cruel and unusual, and a human
rights violation. In order for class certification to be granted we need
counsel , and we will need expert testimony on the psychological effects, and
physiological affects of this confinement. The court has already held these
conditions, at this very prison, are
unconstitutional for the “mentally ill”, who are still housed here, so the
illegality is clear; but, now is the time to show that it is the conditions
themselves that also drive prisoners mentally ill and are , therefore, per se
unconstitutional.
Do review the civil somplaint from the court docket – the “filing” date
should be 2-12-2013, or we can arrange for a copy to be sent. Please do contact
me, or ms. Peggy Swan [local advocate, Forum for Understanding Prisons], as
follows:
Musafa-el K.A. Agala,#223971
[a.k.a. Dennis R Jones-el] P.O. Box 9900
- WSPF , Boscobel, Wi.
53805-9900. [608 375-5656]- prison’s no. for arranging atty. Calls]
Forum for Understanding
Prisons [FFUP] c/o Peg Swan,29631 Wild Rose Dr. Blue River, Wi. 53518’ [608] 5363993 (we are not working with others, and seeking to
network more)
Musafa-el K.A. Agala,#223971
[a.k.a.
Dennis R Jones-el] P.O. Box 9900
-
WSPF , Boscobel, Wi.
53805-9900. [608 375-5656]
Forum for Understanding Prisons [FFUP] c/o Peg Swan,29631 Wild Rose Dr. Blue River,
Wi. 53518’ [608] 5363993
essay
Two: U.S. Prisoners Not Human:
RE: International Human Rights (HR) Day. (12/10/2012)
RE: International Human Rights (HR) Day. (12/10/2012)
 |
| Uhuru, Norman Greer, 228971; WCI |
Ras AtumRa Uhuru Mutawwakil, in AC for 15 plus years, Political prisoner, Visionary, Considered by DOC to be a dangerous Gang leader but they provide no proof and he is indigent.
more essays and his Biography here:
more essays and his Biography here:
Comments
Post a Comment