Wednesday, March 6, 2013

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)



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:


 

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