Seven Days in Solitary [4.27.13]

solitaryThe following roundup features noteworthy news, reports, and opinions on solitary confinement from the past week that have not been covered in other Solitary Watch posts.

•  The Queens Chronicle reports on efforts by activists and New York City Council Members to increase transparency and and place stricter limits on the use of solitary confinement in New York City’s jails.

•  Susan Greene, in the Colorado Independent, continues her reporting on how years of solitary confinement may have affected Evan Ebel, prime suspect in the killing of Colorado prisons chief Tom Clements.

•  Albany Times Union reports on the widespread use of solitary confinement on people with mental illness in New York State. The damage caused by solitary is illustrated in the story of the formerly incarcerated Jeff Rockefeller, who to this day struggles with uncontrollable crying, difficulty sleeping and nightmares.

•  Human Rights Watch reports  that 93 of the 166 detainees have joined the hunger strike at Guantanamo.

•  The Houston Chronicle reports on two bills currently under consideration by the Texas Legislature (House Bill 1266 and Senate Bill 1003) that would call for an examination of the state’s use of solitary confinement in order to identify feasible alternatives the practice. In the article, Texas death row exonoree Anthony Graves provides a powerful account of the tortuous conditions to which he was subjected in his over 18 years of administrative segregation.

•  The Sidney Hillman Foundation announces Shane Bauer as a a 2013 Hillman Prizes recipient for his article “No Way Out: A Special Report on Solitary Confinement from Former Hostage Shane Bauer.” The prize is awarded to “journalists whose work highlights important social and economic issues and helps bring about change for the better.”

•  The ACLU reports on a series of proposed bills that would restrict the use solitary confinement on youth in Texas. The story also details the state’s “failure  to take into account age when determining if a kid should be placed in solitary and a disregard for the mental-health of children held in isolation.”

•  KUT News reports on the abusive use of solitary confinement on youth in Texas, stating “juvenile offenders in Texas were placed in solitary confinement 36,820 times last year.”

•  Rabbi Shmuly Yanklowitz speaks out against the use of solitary confinement on youth, calling for support of a proposed bill in California (SB 61) that would “lead the way nationally in increasing access to rehabilitation and reducing harm for our young people.”

•  Prisoners rights group NCTT-Cor-SHU alleges that, in a blatant disregard of California state policies, administrators at Corcoron SHU instructed staff to cease all medical treatment of hunger strikers at the facility.

• Angola 3 News features an interview with Teresa Shoats, daughter of Russell Maroon Shoats, who has spent 28 of the last 30 years in solitary confinement in Pennsylvania prisons, and is now the subject of an activist campaign to win his release from isolation.

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.

= = = = = = = = = =

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.

Voices from Solitary: The Louder My Voice the Deeper They Bury Me

Solitary VortexThe following poem is by Herman Wallace, who has been held in solitary confinement in Louisiana’s prison system for almost 41 years, mostly in the Louisiana State Penitentiary, known as Angola. Convicted of killing a guard at Angola, Wallace and fellow prisoner Albert Woodfox, both members of the Angola 3, were placed in solitary in 1972, where, with the exception of a few brief periods, they have remained ever since (read more about Wallace, Woodfox and the Angola 3). Wallace is now housed in a maximum security prison near Baton Rouge, subjected to conditions which some claim are worse than those at Angola.

In his poem, “A Defined Voice,” Wallace describes being moved to levels of varying security, each more restrictive and oppressive than the one before. (The “Supermax of Camp J” refers to the most punitive solitary confinement unit at Angola.) He asserts that, try as they might, his handlers are unsuccessful in their efforts to destroy his spirit–which on the contrary, grows ever-stronger. Click on the link that follows the text of the poem to hear Herman Wallace read “A Defined Voice.” —Lisa Dawson

 .  .  .  .  .  .  .  .  .  .  .  .  .

A Defined Voice

They removed my whisper from general population
To maximum security I gained a voice
They removed my voice from maximum security
To administrative segregation
My voice gave hope
They removed my voice from administrative segregation
To solitary confinement
My voice became vibration for unity
They removed my voice from solitary confinement
To the Supermax of Camp J
And now they wish to destroy me
The louder my voice the deeper they bury me
I SAID, THE LOUDER MY VOICE THE DEEPER THEY BURY ME!
Free all political prisoners, prisoners of war, prisoner of consciousness.

Click here to listen to Herman Wallace read his poem.

Louisiana Attorney General Says Angola 3 “Have Never Been Held in Solitary Confinement”

woodfox wallace 70s

Albert Woodfox and Herman Wallace in the early 1970s, when they were placed in solitary confinement. (Photo from “In the Land of the Free.”)

James “Buddy” Caldwell, attorney general of the state of Louisiana, has released a statement saying unequivocally that Herman Wallace and Albert Woodfox, the two still-imprisoned members of the Angola 3, “have never been held in solitary confinement while in the Louisiana penal system.”

In fact, Wallace, now 71, and Woodfox, 66, have been in solitary for nearly 41 years, quite possibly longer than any other human beings on the planet. They were placed in solitary following the 1972 killing of a young corrections officer at Angola, and except for a few brief periods, they have remained in isolation ever since.

The statement from Caldwell follows on the heels of a ruling by a federal District Court judge in New Orleans, overturning Albert Woodfox’s conviction for the third time–in this instance, on the grounds that there had been racial bias in the selection of grand jury forepersons in Louisiana at the time of his indictment. Subsequently, Amnesty International, along with other activists, mounted a campaign urging the state of Louisiana not to appeal the federal court’s ruling. In the absence of an appeal, Woodfox would have to be given a new trial or released.

Caldwell’s statement–which was rather mysteriously sent out to an email list that included numerous prisoners’ rights advocates who have supported the Angola 3–begins: “Thank you for your interest in the ambush, savage attack and brutal murder of Officer Brent Miller at Louisiana State Penitentiary (LSP) on April 17, 1972. Albert Woodfox and Herman Wallace committed this murder, stabbing and slicing Miller over 35 times.”

Caldwell clearly states that he has every intention of appealing the District Court’s decision to the notoriously conservative Fifth Circuit: “We feel confident that we will again prevail at the Fifth Circuit Court of Appeals. However, if we do not, we are fully prepared and willing to retry this murderer again.” Caldwell asserts that the evidence against Woodfox is ”overpowering”: “There are no flaws in our evidence and this case is very strong.”

These statements belie the fact that much of the evidence that led to Wallace and Woodfox’s conviction has since been called into question. In particular, the primary eyewitness was shown to have been bribed by prison officials into making statements against the two men. (For more details on the case, see our earlier reporting in Mother Joneshere, here, here, and here.) The two men believe that they were targeted for the murder, and have been held in solitary for four decades, because of their status as Black Panthers and their efforts to organize against prison conditions. (The third member of the Angola 3, Robert King, convicted of a separate prison murder, was released after 29 years in solitary when his conviction was overturned in 2001).

But Caldwell’s most controversial assertion is that Wallace and Woodfox’s conditions of confinement over the past 40 years do not qualify as solitary confinement:

Contrary to popular lore, Woodfox and Wallace have never been held in solitary confinement while in the Louisiana penal system. They have been held in protective cell units known as CCR. These units were designed to protect inmates as well as correctional officers. They have always been able to communicate freely with other inmates and prison staff as frequently as they want. They have televisions on the tiers which they watch through their cell doors. In their cells they can have radios and headsets, reading and writing materials, stamps, newspapers, magazines and books. They also can shop at the canteen store a couple of times per week where they can purchase grocery and personal hygiene items which they keep in their cells.

These convicted murderers have an hour outside of their cells each day where they can exercise in the hall, talk on the phone, shower, and visit with the other 10 to 14 inmates on the tier. At least three times per week they can go outside on the yard and exercise and enjoy the sun if they want. This is all in addition to the couple of days set aside for visitations each week.

These inmates are frequently visited by spiritual advisors, medical personnel and social workers. They have had frequent and extensive contact with numerous individuals from all over the world, by telephone, mail, and face-to-face personal visits. They even now have email capability. Contrary to numerous reports, this is not solitary confinement.

Caldwell’s description does not, in fact, refute the fact that the two men are held for 23 hours a day in closed cells that measure approximately 6 x 9 feet–smaller than the average parking space. CCR, or Closed Cell Restricted, is the Louisiana prison system’s euphemism of choice for solitary confinement. [Read more...]

Voices from Solitary: Picturing Solitary Confinement

On his always superb blog Prison Photography, Pete Brooks last week featured a post called “Where Are All The Photographs Of Solitary Confinement?” As solitary confinement increasingly finds its way into the news, he writes, “journalists from across America have contacted me looking for photographs of solitary confinement to accompany their article.”

With a few exceptions, Brooks writes, such photographs simply do not exist. One such exception is Richard Ross, whose powerful photographs of children in solitary are part of his Juvenile In Justice project. Brooks features a few other exceptions in his post—most of them showing empty isolation cells—and asks for help identifying and sourcing additional photos of solitary. Readers can take part in this project by adding to the comments section of the post.

Another source for images of solitary confinement is prisoners’ own drawings of their cells—their only means of conveying their surroundings, since they obviously do not have access to cameras. These, too, are rare, but we are aware of a few.

One of the most prolific and talented artists in solitary is 60-year-old Thomas Silverstein, who has been in extreme isolation in the federal prison system under a “no human contact” order for going on 30 years. (He describes the experience here.) His artwork appears on this site. It includes meticulously detailed drawings of some of the cells he has occupied, including one pictured below, which is designed (with built-in shower and remote-controlled door to an exercise yard) so that he never has to leave it or encounter anyone at all.

Herman Wallace, one of the Angola 3 (more information here) has been in solitary confinement in Louisiana state prisons for 40 years. He is now 71 years old. Wallace drew his sparse cell, complete with measurements; the total dimesions are 5 feet 10½ inches by 10 feet 1½ inches. (For contrast, see the “dream house” Wallace envisioned, in collaboration with an artist on the outside, in the trailer for the film Herman’s House.)

Ojore Lutalo, who spent decades in solitary in New Jersey, integrates cell drawings into his political art collages, which he says “express[es] the horrors and degradation of this form of punitive punishment.” His artwork appears on this site.

We are eager to know about other art by people in solitary that depicts their daily surroundings. Please send any links or leads to solitarywatchnews@gmail.com.

Torturous Milestone: 40 Years in Solitary for the Angola 3

Today marks 40 years in solitary confinement for Herman Wallace and Albert Woodfox. Our article on the Angola 3 appears today on MotherJones.com.

On the world stage, Guantanamo may well stand as the epitome of American human rights abuses. But when it comes to torture on US soil, that grim distinction is held by two aging African-American men. As of today, Herman Wallace and Albert Woodfox have spent 40 years in near-continuous solitary confinement in the bowels of the Louisiana prison system. Most of those years were spent at the notorious Angola Prison, which is why the pair are still known as members of the Angola 3. The third man, Robert King, was released in 2001—his conviction was overturned after he’d spent 29 years in solitary.

Wallace and Woodfox were first thrown into the hole on April 17, 1972, following the killing of Brent Miller, a young prison guard. The men contend that they were targeted by prison authorities and convicted of murder not based on the actual evidence—which was dubious at best—but because they were members of the Black Panther Party’s prison chapter, which was organizing against horrendous conditions at Angola. This political affiliation, they say, also accounted for their seemingly permanent stay in solitary.

For four decades, the men have spent at least 23 hours a day in cells measuring 6 x 9 feet. These days, they are allowed out one hour a day to take a shower or a stroll along the cell block. Three days a week, they may use that hour to exercise alone in a fenced yard. Wallace is now 70; Woodfox is 65. Their lawyers argue that both have endured physical injury and “severe mental anguish and other psychological damage” from living most of their adult lives in lockdown. According to medical reports submitted to the court, the men suffer from arthritis, hypertension, and kidney failure, as well as memory impairment, insomnia, claustrophobia, anxiety, and depression. Even the psychologist brought in by the state confirmed these findings.

Read the rest of the article for updates on the Angola 3′s legal challenges to solitary confinement, as well as to their convictions. We also cover the latest from the two men who are determined to keep Wallace and Woodfox in prison and in solitary: Angola Warden Burl Cain, who says the two men are too “militant” to be in the general population, and Louisiana Attorney General Buddy Caldwell, who has said he opposes releasing them “with every fiber of my being.”

Herman Wallace and Albert Woodfox in the 1970s, with Angola prison in the background. From the film "In the Land of the Free."

“Herman’s House”: New Film Explores “the Injustice of Solitary Confinement and the Transformative Power of Art”

Premiering today at the Full Frame Documentary Festival in North Carolina is Herman’s House, a film ”that follows the unlikely friendship between a New York artist and one of America’s most famous inmates as they collaborate on an acclaimed art project.” The inmate is Herman Wallace, one of the Angola 3, who on Tuesday will mark 40 years in solitary confinement in the Louisiana prison system.

The following is an excerpt from the film’s press release:

In 1972, New Orleans native Herman Joshua Wallace (b. 1941) was serving a 25-year sentence for bank robbery when he was accused of murdering an Angola Prison guard and thrown into solitary confinement. Many believed him wrongfully convicted. Appeals were made but Herman remained in jail and—to increasingly widespread outrage—in solitary. Years passed with one day much like the next. Then in 2001 Herman received a perspectiveshifting letter from a Jackie Sumell, a young art student, who posed the provocative question:

“What kind of house does a man who has lived in a six-foot-by-nine-foot cell for over 30 years dream of?”

Thus began an inspired creative dialogue, unfolding over hundreds of letters and phone calls and yielding a multi-faceted collaborative project that includes the exhibition “The House That Herman Built.” The revelatory art installation—featuring a full-scale wooden model of Herman’s cell and detailed plans of his dream home—has brought thousands of gallery visitors around the world face-to-face with the harsh realities of the American prison system.

But as Herman’s House reveals, the exhibition is just the first step.

Their journey takes a more unpredictable turn when Herman asks Jackie to make his dream a reality. As her own finances dwindle, Jackie begins to doubt if she can meet the challenge of finding land and building a real house. Meanwhile, Herman waits to find out if the Louisiana courts will hear his latest appeal.

Along the way we meet self-confessed “stick-up kid” Michael Musser, who credits Herman for helping him turn his life around while in solitary; Herman’s sister Vickie, a loyal and tireless supporter despite her own emotional burden; and former long-term solitary inmate and fellow Black Panther activist Robert King who, along with Herman and Albert Woodfox, was one of the so-called Angola 3 that became a cause celebre in the 2000s.

“I’m not a lawyer and I’m not rich and I’m not powerful, but I’m an artist,” Jackie says. “And I knew the only way I could get [Herman] out of prison was to get him to dream.”

There are 2.2 million people in jail in the U.S. More than 80,000 of those are in solitary confinement. Herman Wallace has been there longer than anyone.

With compassion and meaningful artistry, Herman’s House takes us inside the lives and imaginations of two unforgettable characters–forging a friendship and building a dream in the struggle to end the “cruel and unusual punishment” of long-term solitary confinement.

We had an opportunity to view Herman’s House before its release and to meet its director, Angad Singh Bhalla. The filmmakers were, of course, not permitted to shoot or record inside the prison where Herman Wallace resides. Yet his voice emerges from the depths, clear and strong, through letters and recorded phone calls. The house he imagines–and Jackie Sumell builds for him–is brought to life through creative use of animation. Through the moving story of their collaboration, the film makes a powerful statement about the cruelty of solitary confinement.

Readers of Solitary Watch will not want to miss seeing this film, so we will provide updates on Twitter and Facebook about any theatrical release and television screenings in the coming months. In the meantime, you can watch the trailer, below. (And for more on Herman Wallace’s case, see our earlier article on Mother Jones, “Southern Injustice.”)

40 Years in Solitary: New BBC Program on the Angola 3 Case

This month marks 40 years in solitary confinement for Herman Wallace and Albert Woodfox, the two members of the Angola 3 who remain in prison–and in 23-hour lockdown–in Louisiana. They were placed in solitary confinement following the 1972 murder of a prison guard, for which they were convicted on highly dubious evidence. They believe that they were targeted because they were members of the Black Panther Party–and that they remain in solitary today for the same reasons. (You can read our stories about the case on MotherJones.com, here, here, and here.)

A new half-hour BBC radio program provides comprehensive and moving coverage of the case. It features Robert King–the third member of the Angola 3, who was released when his conviction was overturned after 29 years in solitary. It also includes interviews with lawyers, family members, activists–and Solitary Watch’s Jean Casella.

You can listen to the full program here, and read the accompanying article here.

You can also sign Amnesty International’s online petition demanding that Wallace and Woodfox be released from solitary confinement.

We’ll be writing more about the Angola 3 next week.

Herman Wallace's sketch of the dimensions of his prison cell

Herman Wallace's sketch of the dimensions of his prison cell

“God’s Own Warden”: Inside Angola Prison

Editor’s Note: The latest issue of Mother Jones magazine includes James Ridgeway’s long article on Burl Cain, warden of the nation’s largest prison, and possibly its most notorious. The former slave plantation is known for the fact that 90 percent of its more than 5,000 prisoners will die behind bars, and also for holding two members of the “Angola 3″ in solitary confinement for nearly 40 years. More recently, it has also become known for the “miracle” wrought by its controversial warden, who is said to have transformed the prison with the help of Christianity.

It took the threat of an ACLU lawsuit for James Ridgeway to gain access to Angola. The resulting article offers an alternative narrative on the miracle at Angola. The opening section of the article follows; the full article can be read on MotherJones.com.

It was a chilly December morning when I got to the gates of Angola prison, and I was nervous as I waited to be admitted. To begin with, nothing looked the way it ought to have looked. The entrance, with its little yellow gatehouse and red brick sign, could have marked the gates of one of the smaller national parks. There was a museum with a gift shop, where I perused miniature handcuffs, jars of inmate-made jelly, and mugs that read “Angola: A Gated Community” before moving on to the exhibits, which include Gruesome Gertie, the only electric chair in which a prisoner was executed twice. (It didn’t take the first time, possibly because the executioners were visibly drunk.)

Besides being cold and disoriented, I had the well-founded sense of being someplace where I wasn’t wanted. Angola welcomes a thousand or more visitors a month, including religious groups, schoolchildren, and tourists taking a side trip from their vacations in plantation country. Under ordinary circumstances, it’s possible to drive up to the gate and tour the prison in a state vehicle, accompanied by a staff guide. But for me, it had taken close to two years and the threat of an ACLU lawsuit to get permission to visit the place.

I was studying an exhibit of sawed-off shotguns when I heard someone call my name. It was Cathy Fontenot, the assistant warden in charge of PR. Smartly dressed in a tailored shirt and jeans, a suede jacket, and boots with four-inch heels, she introduced me to a smiling corrections officer (“my bodyguard”) and to Pam Laborde, the genial head spokeswoman for the Louisiana department of corrections who had come up from Baton Rouge to help escort me on my hard-won tour of Angola.

Everyone was there except the person I had come to see: Warden Burl   Cain, a man with a near-mythical reputation for turning Angola, once   known as the bloodiest prison in the South,  into a model facility. Among  born-again Christians, Cain is revered  for delivering hundreds of  incarcerated sinners to the Lord—running the  nation’s largest  maximum-security prison, as one evangelical publication put it, “with an  iron fist and an even stronger love for Jesus.” To Cain’s more secular  admirers,  Angola demonstrates an attractive option for controlling the  nation’s  booming prison population at a time when the notion of  rehabilitation  has effectively been abandoned.

What I had heard about Cain, and seen in the plentiful footage of  him, led me to expect an affable guy—big gut, pale, jowly face,  good-old-boy demeanor. Indeed, former Angola inmates say that prisoners  who respond to Cain’s program of “moral rehabilitation” through  Christian redemption are rewarded with privileges, humane treatment, and  personal attention. Those who displease him, though, can face harsh  punishments. Wilbert Rideau, the award-winning former Angolite  editor who is probably Angola’s most famous ex-con, says when he first  arrived at the prison, Cain tried to enlist him as a snitch, then sought  to convert him. When that didn’t work, Rideau says, his magazine became  the target of censorship; he says Cain can be “a bully—harsh, unfair,  vindictive.”

“Cain was like a king, a sole ruler,” Rideau writes in his recent memoir, In the Place of Justice.  “He enjoyed being a dictator, and regarded himself as a benevolent  one.” When a group of middle school students visited Angola a few years  ago, Cain told them that the inmates were there because they “didn’t  listen to their parents. They didn’t listen to law enforcement. So when  they get here, I become their daddy, and they will either listen to me  or make their time here very hard.”

Another former prisoner, John Thompson—who spent 14 years on death  row at Angola before being exonerated by previously concealed  evidence—told me that Cain runs Angola “with a Bible in one hand and a  sword in the other.” And when the chips are down, Thompson said, “he  drops the Bible.”

Who is the man who wields so much untempered power over so many human  beings? I wanted to find out firsthand—but when I requested permission  to visit the prison and interview Cain, back in 2009, Fontenot turned me  down flat. Cain, she said, was not happy with what I had written about  the Angola Three, a trio of inmates who have been in solitary longer  than any other prisoners in America. Two years and much legal wrangling  later, I was here at Fontenot’s invitation, ready to see the Cain  miracle for myself…

Read the rest on MotherJones.com.

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Amnesty International Calls for Angola 3′s Release from 40 Years of Solitary Confinement

Amnesty International has issued a press release, action alert, and detailed report on the case of the Angola 3, which has been extensively documented in Mother Jones (here, here, and here). The press release, issued yesterday, concerns the two members of the Angola 3 who remain in prison and have now entered their 40th year in solitary confinement.

The US state of Louisiana must immediately remove two inmates from the solitary confinement they were placed in almost 40 years ago, Amnesty International said today.

Albert Woodfox, 64, and Herman Wallace, 69, were placed in “Closed Cell Restriction (CCR)” in Louisiana State Penitentiary – known as Angola Prison – since they were convicted of the murder of a prison guard in 1972. Apart from very brief periods, they have been held in isolation ever since.

“The treatment to which Albert Woodfox and Herman Wallace have been subjected for the past four decades is cruel and inhumane and a violation of the US’s obligations under international law,” said Guadalupe Marengo, Americas Deputy Director at Amnesty International.

The action alert urges readers to sign a petition to Louisiana Governor Bobby Jindal. The twelve-page report describes the apparent miscarriages of justice involved in Woodfox and Wallace’s original murder conviction, and then asks, “Why are they still in isolation?” It goes on to explain:

In the early 1970s, conditions at Angola were brutal. Racism was rife. Inmates were racially segregated and guarded exclusively by white officers, as well as armed white inmates. The culture of violence that infused prison life was reflected in the high number of murders and the widespread use of sexual slavery among inmates.

In this toxic environment, Albert Woodfox and Herman Wallace, who were both imprisoned for unrelated cases of armed robbery, founded a prison chapter of the Black Panther Party (BPP). They were later joined by Robert King and together the men campaigned for fair treatment and better conditions for inmates; racial solidarity between black and white inmates; and an end to the rape and sexual slavery that was then endemic in the prison.

“They tried to change conditions… the prison was considered the worst in the nation. They brought people together and brought in an ideology that said that despite the fact that you were prisoners, you still had some rights. Because of this, the administration saw them as being threats and they have paid dearly.” –Robert King, 2011

Throughout the long years of isolation, Albert Woodfox and Herman Wallace have consistently maintained that they did not kill Brent Miller. They believe that they were falsely implicated in the murder because of their political activism in prison as members of the BPP. During the many years of litigation in the case, evidence has emerged to suggest that the decision to keep them in solitary was based at least in part on their political activism and association with the BPP.

“I would still keep [Albert Woodfox] in CCR. I still know he has a propensity for violence. I still know that he is still trying to practice Black Pantherism, and I still would not want him walking around my prison because he would organize the young new inmates. I would have me all kinds of problems, more than I could stand, and I would have the blacks chasing after them. I would have chaos and conflict and I believe that. He has to stay in a cell while he’s at Angola.” –Burl Cain, Angola prison Warden, 2008. These remarks were made despite a finding by a US district judge in November 2008 that Albert Woodfox had maintained a clean conduct record for 20 years.

Since 1972, the prison review board has reviewed the prison’s original decision to keep the men in solitary on more than 150 occasions. At each review, without giving the men an opportunity to participate in the process or dispute the decision, the review board has determined that Albert Woodfox and Herman Wallace should continue to be held in CCR due to the “nature of the original reason for lockdown”.

In 1996, Louisiana prison policy was changed to remove “original reason for lockdown” as a factor to be taken into account by the review board when considering whether to continue an inmate’s confinement in CCR. This change has never been applied to reviews of the continued isolation of Albert Woodfox or Herman Wallace; the board simply continues to note “Original reason for lockdown” on all of the documents explaining why release from CCR has been denied.

Records show that neither man has committed any serious disciplinary infractions for decades and prison mental health records indicate that the men pose no threat to themselves or to others. However, none of this appears to merit consideration in the view of the prison Warden who in 2006 said of Herman Wallace: “his record… doesn’t really matter a lot. The original sentence, that’s why he’s there, that’s why he’s there and that’s why he’s going to stay there”.

Amnesty International believes that the men’s continued classification as CCR inmates serves no legitimate penal purpose. Under the direction of Warden Cain, who has dismissed the men’s clean disciplinary record as irrelevant, the review board has effectively ignored Louisiana prison policies for 15 years. It has failed absolutely to provide a meaningful review of the men’s continued isolation. By simply rubberstamping the original decision to confine the men in CCR, successive prison review boards have subjected Albert Woodfox and Herman Wallace over the course of decades to conditions that can only be described as cruel, inhuman and degrading.

The Amnesty report goes on to describe in detail the conditions in which these men, both now in their sixties, continue to live.

Throughout their prolonged isolation, Albert Woodfox and Herman Wallace have endured very restrictive conditions. Herman Wallace was transferred to the Elaine Hunt Correctional Center in 2009 and, the following year, Albert Woodfox was transferred to the David Wade Correctional Center. But although both men have now been moved out of Angola prison, the conditions in which they are held have not changed. They are confined to their cells for 23 hours a day. When the weather is fine, they are allowed outside three times a week for an hour of solitary recreation in an outdoor cage measuring 1.8×4.5m. For four hours a week, they are allowed to leave their cells to shower or walk, alone, along the cell unit corridor.

Their cells measure 2x3m. All they can see from inside the cell is a small area just beyond the bars at the front. Each cell has a toilet, a mattress on a steel bed platform, sheets, a blanket, a pillow and a small metal bench attached to the wall. Natural light is limited to a very small window at the back of the cell.

They have restricted access to books, newspapers and TV. Throughout their imprisonment, they have been deprived of opportunities for mental stimulation; they have never been allowed to work or to have access to education. Social interaction has been restricted to occasional visits from friends and family and limited telephone calls .

Lawyers report that both men are suffering from serious health problems caused or exacerbated by their years of close confinement. In the case of Herman Wallace, this includes osteoarthritis aggravated by inadequate exercise, functional impairment, memory loss and insomnia. Albert Woodfox is described as suffering from claustrophobia, hypertension, heart disease, chronic renal insufficiency, diabetes, anxiety and insomnia.

Decades of solitary confinement are also having a clear psychological effect on the men. After being held together in the same prison for nearly 40 years, they are now subjected to equally harsh conditions, but 250 miles apart in separate institutions. Herman Wallace is being held on a tier alongside mentally ill people and says that the shouting and screaming of inmates is making it very difficult for him to sleep.

The report concludes with a call for the United States to honor its obligations under international treaties.

Amnesty International believes that the conditions in which the two men are held, including the length of time they have spent in isolation, violate international human rights treaties to which the USA is a party.

The USA has an obligation under international standards to ensure that all prisoners, regardless of their background, are treated humanely and that any security measures that may be necessary conform to this requirement. The prolonged and indefinite isolation of Albert Woodfox and Herman Wallace without meaningful review runs directly counter to this obligation.

The USA has ratified the International Covenant on Civil and Political Rights, and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, both of which prohibit torture and other ill-treatment. The relevant treaty monitoring bodies (the Human Rights Committee and the Committee against Torture) have found that prolonged solitary confinement can amount to torture or other cruel, inhuman or degrading treatment. Both bodies have expressed concern that the harsh conditions of long-term isolation in some US segregation facilities are incompatible with the USA’s treaty obligations. Amnesty International believes their findings are particularly significant in the case of Albert Woodfox and Herman Wallace given that few, if any, other prisoners have spent so long in solitary confinement in recent times.

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