Russell Maroon Shoatz: Resisting the “Spiritual Death” of Solitary Confinement

Guest Post by Kanya D’Almeida and Bret Grote

maroonbookcover1“Control unit facilities cannot be allowed to exist,” writes Russell Maroon Shoatz in a piece called “Death by Regulation.”They serve no purpose other than to dehumanize their occupants. Our collective welfare demands that we do everything within our power to bring about an end to this form of imprisonment and torture.”

Shoatz, a former Black Panther who will turn 70 years old in August, has been held in solitary confinement in Pennsylvania prisons since 1983. His only time in the general prison population in the last 30 years was an 18-month stint spent at the federal penitentiary at Leavenworth that ended in 1991.

Maroon has had only one misconduct since 1989. His most recent violation was in 1999, when he covered a vent in his cell that was blowing cold air in an attempt to stay warm.

From 1995 until the end of last month, Maroon had been held at the State Correctional Institution (SCI) Greene in southwestern Pennsylvania. Without warning Maroon was transferred on Thursday, March 28 to SCI Mahanoy in the eastern part of Pennsylvania.

A growing grassroots national movement had been mobilizing to win his release into the general population. This transfer appeared to be a response by the Pennsylvania Department of Corrections to the gathering legal and political pressure.

On April 8, 2013, Pennsylvania prison officials were given 30 days notice to release Maroon from solitary confinement. If he is not in the general prison population on May 8, his legal team will file a major civil rights lawsuit the following morning.

Represented by Stefanie Lepore and Rick Etter from the international firm Reed Smith, Dan Kovalik of the United Steelworkers, and Dustin McDaniel of the Abolitionist Law Center, Maroon has drawn support from a growing number of civil society groups as well. More than 20 organizations around the country, including the Center for Constitutional Rights, the National Lawyers Guild, and the American Friends Service Committee New England Region have joined the call and mobilized to demand his release from solitary.

On Monday, April 15, the Campaign to Free Russell Maroon Shoatz announced that Maroon and his legal team had been told by prison officials that Secretary John Wetzel personally ordered his transfer to SCI Mahanoy to remove him from solitary. Still, Shoatz remains in solitary confinement, and the campaign cautioned that he has been misled in the past about re-entering the general prison population.

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To See or Not to See: Capturing Herman Wallace’s 41 Years in Solitary

Guest Post by Angad Bhalla

hhAngad Bhalla is the director of Herman’s House, a documentary film that examines the injustice of solitary confinement by exploring the creative journey and friendship between artist Jackie Sumell and Herman Wallace. Forty-one years ago today, Wallace was placed in solitary confinement following the murder of a corrections officer at Louisiana’s notorious Angola prison. He is believed to have spent more time in solitary than anyone in the history of the American penal system.

Bhalla’s previous projects include U.A.I.L. Go Back, which was used widely as an organizing tool to successfully pressure a multinational corporation to withdraw from a project in rural India that would have exacted a tremendous human and environmental toll on the community, and Writings on the Wall, a short documentary on the lives of Indian street artists. He also contributed to the editing of Families Under Threat, a documentary short produced for the Center For Constitutional Rights, and Tootie’s Last Suit, which was screened at the Tribeca Film Festival. He is a 2012 recipient of a Soros Justice Fellowship.

Herman’s House opens theatrically in New York City this Friday, April 19, and will be broadcast nationally July 8 on the PBS series POV.

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Someone once told me that the key to a good documentary is access. I somehow decided to make the film Herman’s House with no access to one of my main subjects, Herman Wallace, or to my primary location, his prison cell. Making a film about a man who has spent more than four decades in solitary confinement, I decided that this turn this lack of access into a creative opportunity.

Considering his status as one of the renowned Angola 3, I never expected to get access to film Herman in his solitary confinement cell. Herman Wallace, along with Albert Woodfox and Robert King, were Black Panther activists targeted and framed to quash their dissent. Several great documentaries on the Angola 3 were released before I finished Herman’s House, and none of them had been permitted access to interview Herman or Albert, so when I received my refusal notice arrived, I was not surprised.

But after reading James Ridgeway’s “Fortresses of Solitude,” in the Columbia Journalism Review, I discovered that keeping my camera out of Angola’s isolation unit was far from unique. Given the pattern of keeping journalists away from solitary cells around the country, my experience only confirms a pattern of keeping our country’s torturous policies hidden from public view. What does it mean for our democratic project when filmmakers and other journalists are denied access to the solitary confinement cells that house upwards of 80,000 of our country’s residents?

The prison industrial complex has always functioned to disappear large segments of our population. Solitary confinement cells are often described as prisons within the prison, so disappearing those within them requires more than the standard practice of locating the prison in a rural hinterland away from any population center. As we are seeing, disappearing those in solitary requires full state censorship.

With Herman’s House, I hope to use this censorship to my advantage. I felt that, if done right, not having access to Herman or his cell could only reinforce his confinement and separation from the audience. I also was telling the story of the remarkable expression his struggle found in an unusual project proposed by artist Jackie Sumell–imagining Wallace’s “dream home”–so I had a palette of other visuals to work with.

Only audiences will be able to decide whether my choices of animation and other effects convey the true horror of what spending 23 hours a day in a six-foot-by-nine-foot cell for years on end might feel like. But of course, to actually end this torturous practice in our prisons, using our imaginations is just the first step in a journey that will require us to stop the state from concealing solitary cells from our view.

Twenty Years After the Lucasville Uprising, Trying to Tell the Story

Guest Post by Staughton Lynd

Staughton Lynd is a lawyer, historian, educator, author, and lifelong activist for peace and justice. For four decades, he and his wife, Alice Lynd, have worked on prisoners’ rights issues, especially in Ohio where they live. The Lynds were of counsel in a landmark 2001 class action suit, Austin v. Wilkinson, which challenged the constitutionality of conditions the supermax Ohio State Penitentiary in Youngstown. Among Staughton Lynd’s many books is Lucasville, the story of one of the longest prison uprisings in U.S. history, which took place twenty years ago this week at the maximum security Southern Ohio Correctional Facility in Lucasville.

According to the publisher’s description: “More than 400 prisoners held L block for eleven days. Nine prisoners alleged to have been informants, or ‘snitches,’ and one hostage correctional officer, were murdered. There was a negotiated surrender. Thereafter, almost wholly on the basis of testimony by prisoner informants who received deals in exchange, five spokespersons or leaders were tried and sentenced to death, and more than a dozen others received long sentences. Lucasville examines the causes of the disturbance, what happened during the eleven days, and the fairness of the trials. Particular emphasis is placed on the inter-racial character of the action, as evidenced in the slogans that were found painted on walls after the surrender: ‘Black and White Together,’ ‘Convict Unity,’ and ‘Convict Race.’ Lynd has stayed in touch with the Lucasville Five, and in this essay he champions their right to tell their own stories–a right that has been challenged by the state.

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Art by Jason Robb, one of the Lucasville Five

Art by Jason Robb.

What is it like to be behind bars and try to tell your story to the world outside?

The old poem doesn’t see a problem, because: “Stone walls do not a prison make/Nor iron bars a cage/Minds peaceable and quiet/Take them for a heritage.”

King Lear was almost anxious to go behind prison walls with his daughter Cordelia.

“Come, let’s away to prison;
We two alone will sing like birds i’ the cage;
When thou dost ask me blessing, I’ll kneel down.
And ask of thee forgiveness: so we’ll live,
And pray, and sing, and tell old tell tales, and laugh
At gilded butterflies . . . and we’ll wear out,
In a wall’d prison, packs and sets of great ones
That ebb and flow by the moon.”

 

However, few who go behind stone walls and spend their days behind bars attain the peace of mind to “take them for a heritage.” For that matter, few so confined are able to share that solitude with a favorite daughter.

More common, and more appropriate, is the attitude of the imprisoned 19th-century German workers who composed the song “Die Gedanken sind frei” (thoughts are free). No matter where they put us, sang the embattled workers, our thoughts will burst our chains and cause the prison walls to crumble in two.

Preserving One’s Humanity

There are two arguments for free communication by prisoners, especially by those in solitary confinement. The first and no doubt the most important is, thereby one seeks to preserve one’s humanity.

My wife Alice and I first came into contact with prisoners confined alone when the State of Ohio decided to build its first supermaximum security prison in Youngstown, near where we live. The Mayor pronounced the event a “home run.”

While the new prison was still under construction, members of the Workers’ Solidarity Club and Youngstown Peace Council organized a community forum at a small church near the entrance to the facility. Alice sought contact with persons who had experienced solitary confinement elsewhere in Ohio. One man wrote us that what was done to him was so much more harmful than anything he had committed that he had lost his ability to forgive.

At the same forum we met the sister of George Skatzes (pronounced “skates”), one of the five men sentenced to death after the 11-day uprising in April 1993 at the maximum security prison in Lucasville, Ohio.

Alice and I made the first visit to a prisoner in the Youngstown supermax when we visited George in June 1998. He was locked on one side of a small cubicle. We were placed on the other side, separated from George by a panel of some transparent material. Although George was securely confined in his side of the cubicle, throughout our visit a guard sat just outside it. And throughout our visit, which lasted about two hours, George Skatzes, as he sat on a concrete stool with no backrest, was handcuffed behind his back.

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Opposing the Architecture of Isolation: Architects Against Solitary Confinement

Guest Post by Raphael Sperry

Raphael Sperry is an architect, green building consultant, teacher, and outspoken advocate on the role of architecture in social justice issues. He founded and directs the “Alternatives to Incarceration / Prison Design Boycott Campaign” of the non-profit Architects/Designers/Planners for Social Responsibility (ADPSR) and has presented his research at numerous professional association conventions and architecture schools. He teaches the Green Architecture studio at Stanford University’s Architectural Design program and has championed sustainability strategies for a wide variety of institutional and commercial projects. Sperry was named a 2012 Soros Justice Fellow for the project he describes in the following essay, which originally appeared on the website of the Open Society Foundations.

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Photo: Christoph Gielen, Untitled XVI Arizona, 2010.

Photo: Christoph Gielen, Untitled XVI Arizona, 2010.

When I say that I’m an architect researching criminal justice, many people think that I want to design “better” prisons. In fact, I want architects to stop designing supermax prisons altogether. As the incoming president of the small non-profit organization Architects/Designers/Planners for Social Responsibility, I have just launched a campaign asking my mainstream professional organization, the American Institute of Architects (AIA), to amend its code of ethics to ban the design of spaces intended for execution and prolonged solitary confinement.At its root, this is a human rights campaign. The human rights community agrees that the death penalty should be ended and that prolonged solitary confinement is a form of torture. AIA’s code of ethics already calls on architects to “uphold human rights in all their professional endeavors,” and so  you might think that this would be a relatively simple amendment. But this ethics code is not currently enforceable; a new 500-bed solitary isolation prison is now out for design bids in Arizona and as recently as 2010, the State of California redesigned and rebuilt their death chamber. I am hopeful that AIA will do the right thing, but know that there is a fear of challenging government and general misconceptions about the public’s view of the death penalty and harsh treatment of prisoners. Many architects will need to more fully understand the issues before things can change.

I have begun contacting chapters of the AIA and other architecture and design organizations, looking for opportunities to speak to their members and encourage their decision-makers to consider endorsing our campaign. AIA is a member-oriented organization, but architects hold public licenses and have public responsibilities. We care about public opinion.

Professional responsibility is a major theme of this campaign. Architects are responsible for, among other things, protecting public “health, safety, and welfare” in the buildings we design. It shouldn’t be asking too much to ensure that our buildings aren’t intended to hurt or kill members of the public. In this respect, I take inspiration from doctors and nurses. Their professional associations prohibit members from participating in executions or torture. Medical professionals understand that they cannot agree to government requests to hurt or kill their patients; it would violate their ethics. I expect that public respect for architects will increase as we expand our own commitment to human rights.

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Buried Alive: Solitary Confinement in Immigrant Detention

Guest Post by Sarah Shourd

Sarah Shourd is a writer, educator and prison rights advocate currently based in Oakland, California. She had been living in the Middle East for over a year, teaching Iraqi refugees and living in a Palestinian refugee camp in Syria, when she was captured by Iranian forces somewhere along an unmarked border between Iran and Iraq in July 2009, and held in solitary confinement for 410 days. She has written for the New York Times, CNN, and Newsweek’s Daily Beast and is currently writing a book with Shane Bauer and Josh Fattal about their experience as hostages in Iran.

The following essay was written as an introduction to a report released last week by Physicians for Human Rights, on the use of solitary confinement on people held in federal immigrant detention facilities. It is reprinted here by permission of Sarah Shourd and PHR.

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detentionSitting in a nearly empty cell — a metal sink, the blank stare of the white walls, fluorescent lights that never turn off — all you have are your own thoughts. Sometimes they race through your head like freight trains; other times a thought can get stuck in a loop, tormenting you for days or weeks at a time, grating the inside of your skull like metal on flesh. Your days are restless, your eyes constantly wandering around your cell, and you never, ever stop asking yourself — when am I going to get out?

The Iranian government held me in solitary confinement for 410 days. For that entire time I was imprisoned alongside my now-husband Shane Bauer and our friend Josh Fattal. We were captured on July 31, 2009, while hiking behind a waterfall in the proximity of an unmarked border between Iraq and Iran. I was on a break from my teaching job in Damascus, Syria — our friend Josh was visiting from the States — and we decided to travel to the semi-autonomous Iraqi region of Kurdistan, a part of the Middle East with a burgeoning tourist industry where the mountains are unusually green and no American has been killed or kidnapped in recent decades.

The soldiers drove us to Evin Prison in Tehran, where for 131⁄2 months I spent 23 hours a day in a private cell and one hour in a slightly larger open-ceiling cell, where a camera watched as I ran in circles under a blue sky crisscrossed with thick bars. They said the isolation was for my own safety — that there were no “appropriate” cellmates for me — but I was never safe from my own mind.

In prolonged isolation, the human psyche slowly self-destructs. On my worst days, I screamed and beat at the walls. I experienced hallucinations — bright flashing lights and phantom footsteps — nightmares, insomnia, heart palpitations, lethargy, clinical depression, and passive suicidal thoughts. I would pace my cell incessantly, or crouch like an animal by the food slot at the bottom of my cell door, listening for any sound to distract me. When I finally got books and television, I found it difficult to concentrate. I would sometimes spend an entire afternoon trying to read the same page, until I got fed up and threw my book against the wall.

The only thing I thought about for over a year in solitary was the day that I would no longer have to be alone, but, ironically, it wasn’t that simple. When I was finally released, I found it hard to make eye contact or be touched. My breathing remained labored and many of the symptoms I experienced in prison — insomnia, hypertension, and anxiety — persisted on the outside. Like many people with post-traumatic stress disorder, I sometimes drank too much to try and escape my symptoms. More than once I became belligerent, dangerously paranoid, or hopelessly depressed — sometimes walling myself up in my house for days at a time.

When I began to research the use of solitary confinement in the United States, I was shocked to learn that tens of thousands of people are subject to no-touch torture or prolonged isolation on any given day. I learned that immigrants and people deemed a “national security risk” are held in indefinite detention without legal representation or the right to due process, just like I had been. How could I fail to draw a connection between their treatment and my own?

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The Hidden History of Solitary Confinement in New Jersey’s Control Units

Guest Post by Bonnie Kerness

Editor’s Note: As coordinator of the American Friends Service Committee’s Prison Watch Project, Bonnie Kerness is a leading voice for humanitarian reform of U.S. prisons, jails, and detention centers. Kerness is also a pioneer in raising awareness about the use of prolonged solitary confinement, and in uncompromisingly identifying the practice as a form of torture. Since the 1990s, she has coordinated AFSC’s STOPMAX Campaign, which ”works to eliminate the use of isolation and segregation in U.S. prisons” through “research, grassroots organizing, public education and policy advocacy.”

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newjerseystateprisonBetween the 1913 closing of Eastern State Penitentiary’s isolation cages and the 1983 lockdown of the federal facility in Marion, Illinois (recently recounted in Nancy Kurshan’s book Out of Control) is a history of struggle against the use of extended solitary confinement in New Jersey, which is little known.

In 1975, after the tumultuous years of the Civil Rights Movement, the Viet Nam War and the prisoners’ rights movement, Trenton State Prison (now New Jersey State Prison) established an administrative isolation unit for politically dissident prisoners. The warden and his staff decided to use this technique, which was modeled after a unit in Soledad Prison in California. The Management Control Unit housed those prisoners who had not broken institutional rules, but who were, as a result of their political convictions and expressions, seen to be a threat by prison administrators. Thus, the New Jersey MCU pre-dated the advent of the control unit in federal system.

Sundiata Acoli was one of the first people interred in this new unit. Sundiata writes, the warden “began rounding up prisoners, 250 all told, of which I was the first. They took me to a cell block, another guard brought my property, stopped in front of a prisoner’s cell, took him out, put me in his cell, and escorted him and his property to my old cell. They switched prisoners all night like this so the next morning they had rounded up, switched 250 prisoners to create an instant Management Control Unit. In less than a month, they had released 200 of the MCU prisoners back into population and kept the 50 prisoners in the MCU for which the roundup was actually intended.”

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A Preventable Death in an Arizona Prison

Guest Post by Carl ToersBijns

Carl ToersBijns worked in corrections for over 25 years, holding the positions of a correctional officer, chief of security at a mental health treatment center, program director, associate warden, and deputy warden of administration and operations in both the New Mexico and Arizona Departments of Corrections. He  specializes in consulting and developing strategic plans for sound correctional practices, mental health treatment, security threat groups, training and staff development. He has published three books in the Wasted Honor Trilogy, as well as the book Gorilla Justice: Caged War Veterans, the Mentally Ill and Solitary Confinement, and has written blog posts on Corrections.com and as a guest writer for Yahoo. In the Anthony Lester case, he has been interviewed several times by local media on the subject of correctional practices and issues surrounding Lester’s death

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tony lesterThe nightmare started in 2009, when a young Native American man named Anthony Lester was convicted of his first felony offense–one count of aggravated assault for a stabbing that took place during a foiled suicide attempt–and sentenced to twelve years in an Arizona prison. Tony Lester had been diagnosed with schizophrenia while still in high school; he heard voices and had a history of mutilating and otherwise harming himself. He clearly needed help, so his family asked the Arizona Department of Corrections (ADC) to honor the court order that was issued by the judge hearing the case. That judge had stated that Lester should be housed in a mental health treatment unit rather than in the general population, where there is no immediate provision to treat those with severe mental illnesses, who have difficulty coping and functioning while incarcerated.

The ADC ignored the court order and housed Lester to Tucson State Prison, infested with Native American gangs demanding Lester pay protection for his presence on the yard. Tony Lester shared his concerns for his own safety with prison officials, and was segregated in a detention unit until his protective custody process was completed. The family informed officials of Lester’s mental illness, and their response was that this particular inmate was manipulative and trying to avoid living on the yard where he faced gang extortion.

Several times the family tried to get their point across–that Lester suffered from a debilitating mental illness, and that he was court ordered to remain on all psychotropic medications. The family was shocked when they found out that inmates have the right to refuse their medications and that Lester was still being housed in a tiny detention cell awaiting final disposition on his protective custody. While isolated in detention, Lester decompensated and was put on a suicide watch.

Then, on July 11, 2010, the family received a call  at 11:45 pm, telling them that Tony Lester had been taken to the hospital with non-life-threatening injuries. A call notifying them of his death came three hours later, 2:45 am. An investigation was conducted and the death was ruled a suicide by razor blade. The razor blade that Lester had used to mortally wound himself had been given to him by mistake by an officer who forgot to remove the razor from the prisoner’s personal hygiene kit, less than two days after he had come off a suicide watch.

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Twelve Years in Solitary, and “Still in Illegal Limbo”

Guest Post by Bret Grote

Click here to listen to an interview on Paul Rogers with advocate Lois Ahrens and sister Kharla Rogers.

rogers-x150Paul Rogers has spent more than 4,300 consecutive days – over 12 years –  locked behind a solid steel door in the bowels of a Pennsylvania prison. He spends twenty-four hours a day in isolation, occasionally punctuated by an hour in another cage for “recreation” purposes, or a trip to the shower. Inside a concrete and steel tomb that is his bathroom, bedroom, and workspace, Rogers eats, sleeps, dreams, defecates, reads, writes, and contemplates the prospect of spending the remainder of his life sentence in solitary confinement. According to Rogers, “It’s like mental torture and you slowly lose your mind.”

Rogers has once again been approved for release into the general population by the Superintendent of the State Correctional Institution (SCI) Smithfield. For most prisoners in the hole this would be sufficient for securing their release, but Paul is on the Restricted Release List (RRL), an indefinite, secretive and potentially permanent form of solitary confinement that can only be authorized with the approval of PA DOC Central Office. The final decision on Paul’s stauts rests with Pennsylvania Department of Corrections’ (PA DOC) Secretary John Wetzel.

Contrary to the claim that solitary is reserved for the “worst of the worst,” Rogers has had an exemplary disciplinary record these twelve years, not once receiving a misconduct for a serious infraction. Despite making his best effort “to conform to DOC standards,” he was again rejected for release from the RRL during his February 2012 review, although he was provided “no specific reason” as to why he had to remain in solitary. “I have complied to a work plan, have no misconducts, and still wasn’t recommended for release off the RRL. I have been arbitrarily denied release off the RRL without being given a written reason or opportunity to defend myself.”

Echoing the symptoms reported by others subjected to the infamous “no-touch” torture of isolation, Rogers has experienced depression, heightened anxiety, difficulty concentrating, deterioration of social skills, and a an all too real fear of losing his sanity. As is customary in the PA DOC, mental health care is utterly lacking for those languishing in the Restricted Housing Units (RHUs). In correspondence to the Human Rights Coalition, Rogers wrote:

I don’t think my mental health is a concern of the DOC, and I have been trying self-help remedies to maintain my mental care. The health department visit me every 90 days at my cell door for less than a few minutes, and from past experience they don’t offer any assistance other than medication, which seems to make prisoners worse and psychotic. . . . [W]hen I try to get help for my problems, I was told being the RHU prevents them from offering remedies besides medication.

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Bonnie Kerness: Pioneer in the Struggle Against Solitary Confinement

Guest Post by Lance Tapley

In 1986 Ojore Lutalo, a black revolutionary in the Trenton State Prison — now the New Jersey State Prison — wrote to Bonnie Kerness’s American Friends Service Committee (AFSC) office in Newark. His letter described the extreme isolation and other brutalities in the prison’s Management Control Unit, which he called a “prison within a prison.”

“I could not believe what he was telling me” about the MCU, she says. She reacted by becoming “this lunatic white lady” calling New Jersey corrections officials about Lutalo.

Kerness immediately went to work trying to stop MCU guards from harassing prisoners by waking them at 1 a.m. to make them strip in front of snarling dogs leaping for their genitals — to arbitrarily have them switch cells. She got this practice stopped.

Lutalo’s letter also began to open her eyes to the torture of solitary confinement, which in the mid-1980s was just starting to spread across the country as a mass penological practice. Coordinator of the AFSC’s national Prison Watch Project, Kerness had worked on prison issues since the mid-1970s. Now she became an anti-solitary-confinement activist. In 2012, she has been one longer and more consistently than, possibly, anyone else.

“I try not to use the word ‘pioneer’ lightly,” says David Fathi, director of the American Civil Liberties Union’s National Prison Project, “but it certainly applies to Bonnie. She did the groundwork for the progress and success we are now having.”

Corey Weinstein, a California physician who also was a pioneering activist against solitary confinement, says Kerness made a huge contribution early on by bringing a human-rights vision to the effort. It provided “the intellectual framework that we could grasp onto” to understand what was happening.

Reflecting on how difficult it has been for solitary confinement to be publicly recognized as torture, Stuart Grassian, a Massachusetts psychiatrist — another trailblazer who is credited with identifying long-term isolation as the cause of a devastating psychiatric syndrome — observes: “How frightening it is to see people choose not to see what’s in front of them.”

Many years ago Bonnie Kerness chose to see what was in front of her.

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Extradited to a Future of Torture in a U.S. Supermax Prison

Guest Post by Laura Rovner

ADX Florence: “This is what torture looks like.”

Last week, the Grand Chamber of the European Court of Human Rights rejected appeals from five terror suspects challenging their extraditions from Britain to the United States. The unanimous decision from the judges affirmed the Court’s earlier ruling that “detention conditions and length of sentences of five alleged terrorists would not amount to ill-treatment” if they were extradited to the U.S. and held in solitary confinement in ADX, the U.S.’s only federal supermax prison. The decision is profoundly troubling, not only its outcome, but also the process by which the Court rendered its decision and in the public silences surrounding it.

The decision stands in stark contrast to international opinion that has grown increasingly critical of the use of prolonged isolation, viewing it in some instances as a form of torture. Indeed, the week after the Court released the decision, the UN Special Rapporteur on Torture resoundingly condemned it: “As we speak my office is sending a communication, dealing with the possible extradition to the US of five people who will be subjected to solitary confinement…The UN Convention Against Torture states you cannot extradite or deport someone to any place if he or she could be tortured.” He concluded, “I think there [are] very good arguments that solitary confinement and SAMs ["special administrative measures," which impose severe restrictions on communication with other inmates or the outside world) would constitute torture and prevent the UK from extraditing these men."

Yet in the days since the European Court issued its decision, the silence from human rights organizations and the American media has been deafening. The silence is especially striking in light of the considerable—and warranted—criticism of the use of prolonged solitary confinement in correctional facilities other than our federal prisons. This past week alone saw condemnation of California’s supermax prisons in a report by Amnesty International that criticized conditions in the strongest terms—conditions that are, in the main, nearly the same as those at ADX. Other reports have highlighted the detrimental mental health effects of prolonged solitary confinement. And at a time when the conditions of the men detained in Guantanamo still appropriately command significant attention from human rights advocates who have repeatedly decried the lack of accountability for Bush-era torture, the discussion of ongoing torture in our domestic federal prisons has received significantly less coverage.

It’s hard not to wonder whether the silence from human rights groups about the European Court’s decision is born of the same mindset underlying the decision itself, namely, the resistance to believing that the U.S. could be engaging in torture in its federal prisons. Or perhaps this abuse is harder to see because it runs counter to current campaigns focused on the states, on massively overcrowded California prisons or deep South prisons that seem like holdovers from Jim Crow days—with the implicit corollary that federal penitentiaries are well run and well regulated. Maybe the reluctance to speak stems from the still-pervasive Islamophobia that makes us blind to the treatment of Muslims, especially those who are being prosecuted for terrorist crimes. Given the prioritization of advocacy urging the closure of Guantanamo and the prosecution of terror suspects in the federal courts, many human rights groups and advocates have been reluctant to scrutinize and speak out against the practices in our federal prisons for fear of complicating their message. If torture is happening at ADX, what does it mean for these groups to be calling for men to be tried in the federal system?

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