The Use of SAMs and CMUs in U.S. Federal

The growing trend of domestic torture and inhumane treatment in federal facilities across the has become an overwhelmingly controversial issue amongst many civil and human rights groups.

ADX Florence is the only federal “Supermax” prison facility in the United States. It is situated south of Florence in Fremont County, . ADX Florence is known to house criminals and high-risk inmates under permanent conditions.

There have been an increasing number of detainees at ADX Florence under "Special Administrative Measures" (or SAMs), which are a set of restrictions, imposed on individuals, who are considered to be a threat to national security. As of 2011, there are 49 SAMs detainees in the United States. SAMs has been applied both pre-trial as well as post-conviction.

Upon written notification, the Attorney General may authorize the Director of the Bureau of Prisons (BOP) to implement "special administrative measures" claiming "that there is a substantial risk that a 's communications or contacts with persons could result in death or serious bodily injury to persons, or substantial damage to property that would entail the risk of death or serious bodily injury to persons.”

The conditions under which SAMs detainees are held are questionable. Inmates under SAMs are held in a under severe 23-hour lockdown, and have restricted access to mail, telephone, media, religious activities, and recreation. Inmates are limited from having contact (including any incoming and outgoing oral, written or recorded communications) with other inmates, visitors, and attorneys except those who have been given clearance. While the implications of “Supermax,” are understood by very few, the trend of Supermax prisons has become increasingly common.

Communication Management Units (or CMUs), are similar to the Supermax prisons and have been described by the ACLU as "secretive housing units inside federal prisons in which are condemned to live in stark isolation from the outside world…these units are unconstitutional, violate the religious rights of prisoners and are at odds with U.S. treaty obligations." Currently, there are two CMUs in the US. The first CMU was secretly implemented at the Federal Correctional Complex in Terre Haute, , and the second CMU, at the US Penitentiary in Marion, Illinois.

The conditions of CMU prisoners echo many of the Special Administrative Measures. For example, prisoners in the CMUs are allowed just one 15-minute phone call every 10 days with "immediate family members only," while common criminals have 300 minutes per month, and during the holiday season 400 minutes, with any person. Even this one phone call per month has to be approved by the authorities. Once approved the inmate can only have it on weekdays, excluding holidays, between the hours of 8:30 AM and 2:30 PM. In other words, an inmate with school-aged children would not be able to talk to his kids unless they miss school. The inmate also has to speak English only. So if a parent or a wife does not speak English he would be unable to communicate with his loved ones.

Furthermore, inmates under CMUs are allowed only one non-contact visit per month, for up to 4 hours behind the glass, with only "immediate family members", while common criminals have at least 8 visits per month, where each visit could be up to 7 hours. It’s conceivable that an inmate under CMU may not be able to hug his children, wife or parents for years.

The written correspondence of inmates under CMUs is limited to three pieces of paper once per week, which can be sent to or received from a single recipient "at the discretion of the Warden." The CMUs do not permit visits or telephone contact with friends, relatives other than immediate family, clergy or members of the news media. Moreover, inmates under CMUs are not allowed to pray together or attend congregational prayers like all other common criminals are able to do.

The use of SAMs and CMUs puts the United States increasingly out of step with the world and is an affront to American values of civil right and human treatment. Scholarly and medical research has overwhelming demonstrated the severe health effects of solitary confinement; military official and Vietnam veterans including Senator John McCain have testified to it damaging results.

Henry Weinstein, chair of the American Psychiatry Association Caucus on Correctional Psychiatry and a clinical professor of psychiatry at New York University believes that the effect of solitary confinement “are likely similar to the mental health consequences of torture, which leave some permanently mentally impaired and others relatively unscathed."

European courts are apprehensive to extradite their detainees to the U.S. as it is a breach of Article III of the European Convention of Human Rights which states, “No State Party shall expel, return or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. “

Additionally, such draconian measures are a clear violation of the Eighth Amendment of the United States Constitution, which prohibits the federal government from imposing “cruel and unusual .”