Torture in United States Prisons Evidence of Human Rights Violations 2nd Edition American Friends Service Committee New York Metropolitan Region Healing Justice Program Edited by: Bonnie Kerness Coordinator, Prison Watch Editorial Assistant: Beth Breslaw Intern, Prison Watch Contents Introduction ……………………………………………………………………………………………………3 Isolation ……………………………………………………………………………………………………...….5 Communications Management Units …………………………………………….………..20 Health and Medical Services and Conditions …………………………………………..…….24 Mental Illness ………………………………………………………………………………..….....28 Use of Force and Devices of Torture ………………………………………………………….….33 Contraband Surveillance Watch ……………………………………………………….…….42 Racism …………………………………………………………………………………………………………..46 Women in Prison ……………………………………………………………………………………..…....52 How You Can Get Involved ………………………………………………………………….………...57 Appendix …………………………………………………………………………...………………………….59 Glossary ………………………………………………………………………………………………….……..63 Special thanks to King Downing, on whose work “How You Can Get Involved” (pages 5758) is based. Cover art by Todd (Hyung-Rae) Tarselli © 2011 American Friends Service Committee New York Metropolitan Regional Office (NYMRO) Prison Watch Project 89 Market Street, 6th floor Newark, NJ 07102 www.afsc.org (973) 643-3192 Introduction When prison doors close behind men and women they become our prisoners. If we are their family and friends, we may visit, write, call, and advocate on their behalf. If they are anonymous, we will likely dismiss them with the thought, “they broke the law—that was their choice—and now they must pay the penalty.” And we proceed about our daily lives without looking over the prison wall. It is time we did just that; prisons reflect the societies that create them. International treaties, conventions, and declarations provide basic guidelines for the treatment of prisoners. These guidelines are often ignored by the U.S. criminal justice system. Meanwhile, the United States continues to criticize other countries for violations of prisoners’ human rights. “Torture in United States Prisons” (Second Edition) provides primary evidence of such human rights violations. Its goal is to cast light on the torture and abuse of prisoners. For over three decades, the American Friends Service Committee (AFSC) has spoken out on behalf of prisoners. Since 1975 AFSC has operated a Criminal Justice Program in Newark, New Jersey. During that time AFSC has received thousands of calls and letters of testimony of an increasingly disturbing nature from prisoners and their families about conditions in prison. The list of abuses is long and horrifying: use of stun guns and restraint devices, rape, prison chain gangs, inadequate medical care, isolation, “no touch torture” (lights on 24/7, deliberately startling sounds, menacing dogs), use of force, and other egregious violations of international human rights standards, including the Convention Against Torture, ratified by the United States in 1994. The concepts of human rights law must be upheld by the United States police, court, and prison justice systems. One way to foster this change is for prisoners, their families and loved ones, and prisoner rights advocates to weave the language of international standards and treaties into their arguments for humane prison conditions and treatment of prisoners. To that end, this document presents prisoners’ testimonies in five sections—Isolation, Health and Medical Services and Conditions, Use of Force and Devices of Torture, Racism, and Women in Prison—and introduces each section with a relevant international standard as stipulated in international human rights agreements. For example, Article 1 of the United Nations Convention Against Torture prohibits “physical or mental pain and suffering, inflicted to punish, coerce or discriminate for any reason.” Yet practices such as the indefinite use of shackles and other mechanical restraints, the administration of dangerous chemical treatments, and the practice of extended isolation continue in the United States. The practice of extended isolation in particular is of growing concern to many prison activists, both inside and outside the walls. The reports that come to AFSC about prisoners subjected to devices of torture have largely been from isolation cells—often called management control units or special management units—in which there are few witnesses. Ojore Lutalo is one such prisoner, and you can find his full story in the Appendix. There are thousands of similar stories as well, some of which are included here. Torture in United States Prisons (2nd Ed.) Page 3 In these pages you will read the words—verbatim—of prisoners whose lives are irrevocably changed by the conditions under which they are held. The details are hard to read; some of the language is crude and the accounts graphic. All are compelling. Read on. Tell us your story. And, above all, we urge you to use the language of international standards and treaties in your argument for humane prison conditions and treatment of prisoners. Bonnie Kerness and Beth Breslaw Acknowledgments This document would not have been possible without the courage of those people in prison who were determined that their witness and testimonies reach the outside world. In many cases, they were afraid of retaliation, and in many cases they were beyond fear. We especially thank those who wrote on behalf of and about people who could not write on their own. Very special thanks to Beth Breslaw, an extraordinary intern student from Rutgers University, New Jersey, who drew excerpts from the hundreds of letters, drawings, and photographs we received. She categorized the testimonies to fit logically within the human rights framework. Beth took care to respond to each person who wrote, while struggling with her own emotions as her work progressed. We want to thank Terry Kaye, who walked into the office one day with her devotion and determination to help. It is with gratitude to Terry that this document flows with wonderful editing. Her guidance, comments, and suggestions throughout the entire process were full of wisdom. Her willingness to put hours of energy into creating a document worthy of accuracy and pride is appreciated by everyone who had the privilege of working with her. Beth, Terry, and I formed a team who worked with consensus and a loving sense of purpose that never waivered. We want to thank King Downing for his excellent section on practical ways to help, Elizabeth Enloe for her constant support of the work of Prison Watch, and [to come]________________________ Bonnie Kerness Introduction Page 4 Isolation Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) Article 1 …the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. International Covenant on Civil and Political Rights Article 7 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 10 1) All persons deprived of their liberty shall be treated with humanity and with respect for the dignity of the human person. 3) The penitentiary system shall comprise treatment of prisoners the essential of which shall be their reformation and social rehabilitation. Article 16 1) Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture or references to other forms of cruel, inhuman or degrading treatment or punishment. 2) The Provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibit cruel, inhuman or degrading treatment or punishment or which relate to extradition or expulsion Torture in United States Prisons (2nd Ed.) Page 5 “….at 9:30 am, they gave me back my clothing! The telephone is ringing with calls coming in from other prison security guards wanting to know Lutalo’s status, if I had lost a sense of myself, meaning if Lutalo went crazy. I grow weary of pacing the floor and sitting atop of the sink, so I cover the dirty foam mattress with a paper sheet and lay down fully dressed and doze off. I wake up to the sound of splashing water, to see water leaking from the ceiling and running down the wall and seeping under the mattress. I call the guard who comes to the cage door. I ask if he could move me to another age. Now the water is running underneath the cage door. Two hours later they move me into cage #2 which doesn’t have the 24 hour camera watch. Cage #2 has another dirty foam mattress with two paper sheets atop it and is just as cold as Cage #1. I start pacing to generate some body heat. The stool and the cage shelves were removed, the light switch has a steel plate over it and the wall sockets have steel plates over them. The cage light stays on 24 hours a day. The floor, toilet, and sink are filthy!” Ojore Lutalo, Trenton State Prison—now New Jersey State Prison (10/14/05) “My eyes are hurting more from the glare of the 24 hour bright white lights! You call this a democracy? I feel the coldness of the cage assaulting me. I pace, I doze, I cover the dirty mattress foam mattress and lay down.