tag:blogger.com,1999:blog-81565077666112097942024-02-20T01:14:44.808-08:00PRISONERS: a human rights discussionensuring rights to allhttp://www.blogger.com/profile/10589353147547242582noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-8156507766611209794.post-64547971387721946602007-12-21T19:03:00.000-08:002007-12-21T19:05:21.176-08:00Governor Arnold Schwarzenegger......is considering the early release of 22,000 inmates from the state's prisons to save hundreds of millions of dollars in an effort to ease California's looming budget crunch.<br /><br /><a href="http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/12/21/MNMHU2OOI.DTL">Read more here...</a>ensuring rights to allhttp://www.blogger.com/profile/10589353147547242582noreply@blogger.com0tag:blogger.com,1999:blog-8156507766611209794.post-69535516673474950912007-12-09T15:55:00.000-08:002007-12-09T16:32:49.461-08:00Male rape in Arkansas penitentiaryBryson (formally Kendell) Spruce, a forty-four year old living in Michigan, was raped twenty-seven times in a nine-month period during his period of incarceration in 1991 at an Arkansas prison. Originally, he had entered prison on a charge of forgery. Initially being raped at knife-point, the attacks continued to happen despite Bryson's repeated attempts to draw attention to the incidents. According to him, he was moved from cell to cell, and even in protective custody, he was attacked. The guards failed to respond properly, to provide him with substantial security or punish those committing the incidents. The only way that he could ensure his safety was to consciously disobey the rules in order to be placed in his own, separate cell.<br /><br /> Though the rapes were performed by inmates, it was the choice of the guards to ignore the events and continue as if nothing were happening. As Bryson stated in his testimony to Stop Prisoner Rape, "Even the administrators thought it was okay for a “faggot” to be raped. They said, ‘Oh, you must like it.’" There was no reason for him to have been forced to endure nine months of 'torture' because the guards refused to properly award him security. Eventually, Bryson contracted HIV. He now collects disability and lives in Michigan, close to his family.<br /><br /> All human beings are guaranteed the right to their dignity, as stated in the preamble of the ICCPR. Additionally, Article 7 of the ICCPR and Article 1 of the CAT, both of the which to the United States is a party, clearly outlaw any form of 'torture, cruel, inhuman, and degrading treatment.' The Convention Against Torture also requires that those who have experienced such acts have a right to redress and compensation. To this day, Bryson Spruce has yet to receive any compensation for his suffering and only recently, in 2005, was his case given attention by Stop Prisoner Rape (.org). The Constitution of Arkansas (1874) also declares that no cruel or inhuman treatment may be imposed upon persons of detention and the same goes for the Eight Amendment of the United States Constitution. The Prison Rape Elimination Act of 2003 declares sexual violence to be an act of torture.<br /><br /> Though Bryson's case occurred in 1991, the PREA can be applied to current issues regarding rape, which continues throughout the country. Activities like this must be ended. The guards must be trained properly and forced to follow the strict guidelines in place for the treatment of prisoners. There is no reason for events like this to occur in prisons as it is clearly illegal and a violation of human rights. Bryson himself declares that prisons are over-crowded and calls for a screening process that separates minor-offense prisoners from 'mass murderers.' The system of incarceration in America must be transformed from one of punishment to one of rehabilitation and reform.<br /><br /> For more information regarding Bryson Spruce's case, written and auditory testimonies can be found here:<br />http://spr.org/en/survivortestimony/portraits_of_courage.asp<br />SPR.org also provides several other testimonies of rape survivors that have contacted the National Prison Rape Elimination Commission (NPREC) and discussed their experiences and cases.<br />Other links that may serve helpful:<br /><br />+ http://www.law.cornell.edu/supct/html/92-7247.ZO.html -- Farmer v. Brennan, Supreme Court case that declares sexual violence as torture.<br />+ http://www.prisoncommission.org/report.asp -- "Confronting Confinement: A Report of the Commission on Safety and Abuse in America's Prisons."<br />+ http://www.ojp.usdoj.gov/bjs/abstract/svrca06.htm -- US Department of Justice report regarding (reported) sexual violence in 2006.<br />+ http://www.malesurvivor.org/ -- Organization concerned with the issue of prison rape and male sexual victimization.ensuring rights to allhttp://www.blogger.com/profile/10589353147547242582noreply@blogger.com0tag:blogger.com,1999:blog-8156507766611209794.post-73650674698513441412007-12-08T19:19:00.000-08:002007-12-08T19:41:02.597-08:00FAQsRutgers University IRB defines a prisoner as the following:<br /><br /><i>"Individuals who are involuntarily confined or detained in a penal institution; other similar institutions (such as mental health institutions for criminals); sites for the detention of individuals pending arraignment, trial, or sentencing; or individuals on parole or probation"</i><br /><br />QUESTION: Don't your rights get taken away when you go to prison?<br />ANSWER: Yes. Some of your rights are restricted when you go to prison like the right to liberty. However, this does not mean that all your rights are taken away. Most of your Constitutional rights are still protected. If you are a prisoner, you are also given specific rights that are found in the Prison Act of your country.<br /><br />QUESTION: What rights does a prisoner have?<br />ANSWER: Under most Prison Acts, a prisoner has the right:<br />• To receive rations or meals;<br />• To receive clothing, bedding, soap and medicine;<br />• To exercise;<br />• To medical treatment;<br />• If a prisoner is female, to be kept separate from male prisoners;<br />• Not to be assaulted by prison guards unless he/she has attempted to escape, been riotous or violent, or has disobeyed an order;<br />• To make complaints to the Officer in Charge.<br /><br />A prisoner may also have the right:<br />• To work reasonable hours;<br />• To be free from unreasonable searches at night time;<br />• To correspond with family and/or receive visitors; and<br />• To notify family members when sick.<br /><br /><b>BOTTOM LINE: Because prisoners rely on the state during their time of incarceration (ie, they cannot make a living, cook their own food, get their own health care, etc), the state has MORE of a responsibility to honor their rights.</b><br /><br />Source: http://www.pacificaids.org/grafix/UnderstandingPrisonersRights.pdfensuring rights to allhttp://www.blogger.com/profile/10589353147547242582noreply@blogger.com0tag:blogger.com,1999:blog-8156507766611209794.post-86169322457294148742007-12-08T17:39:00.000-08:002007-12-08T17:46:23.909-08:00Want to write a letter?Maybe you've heard of a human rights abuse case that really fired you up. Writing a letter to a politician may seem old-fashioned or pointless, but it's actually a good way to get your voice out there, and get your case heard. Politicians, especially local ones, rely a great deal on letters from the public when it comes to decision making. They obviously want to make you happy so they will be reelected (although we're not trying to dismiss the possibility they may actually care, too!) or for other reasons. In any case, they will be made aware through your letter of a case they might not have known about before, and that is the first step in creating change.<br /><br />Here's a website you can visit to look up any US governer, senator and representative. <br />http://directory.usayfoundation.org/<br /><br />Here are some tips to help you promote your cause. If you scroll down, there is a separate section on contacting representatives. There are many more tips too, like information on meeting your Congressperson.<br />http://www.myheritage.org/GetInvolved/promote_an_issue.aspensuring rights to allhttp://www.blogger.com/profile/10589353147547242582noreply@blogger.com1tag:blogger.com,1999:blog-8156507766611209794.post-20407110684008220982007-12-08T17:36:00.000-08:002007-12-08T17:37:23.568-08:00Violence, Abuse and Neglect in the California Youth Authority<object width="425" height="355"><param name="movie" value="http://www.youtube.com/v/XqlhZdab1cg&rel=1"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/XqlhZdab1cg&rel=1" type="application/x-shockwave-flash" wmode="transparent" width="425" height="355"></embed></object>ensuring rights to allhttp://www.blogger.com/profile/10589353147547242582noreply@blogger.com0tag:blogger.com,1999:blog-8156507766611209794.post-61739107967908600372007-12-08T17:00:00.001-08:002007-12-08T17:00:57.202-08:00Real Prison Rape<div xmlns='http://www.w3.org/1999/xhtml'><p><object height='350' width='425'><param value='http://youtube.com/v/dXUp3olk8Kw' name='movie'/><embed height='350' width='425' type='application/x-shockwave-flash' src='http://youtube.com/v/dXUp3olk8Kw'/></object></p><p>A short film regarding prison rape, featuring author TJ Parsell.</p></div>ensuring rights to allhttp://www.blogger.com/profile/10589353147547242582noreply@blogger.com0tag:blogger.com,1999:blog-8156507766611209794.post-32875218433203021092007-12-08T16:43:00.000-08:002007-12-08T16:48:10.313-08:00Chris Cozzone's Prison Photography<a href="http://www.prisonzone.com/prisonphoto/galleryimages/barbwirespiral.JPG"><img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 320px;" src="http://www.prisonzone.com/prisonphoto/galleryimages/barbwirespiral.JPG" border="0" alt="" /></a><br /><a href="http://www.prisonzone.com/prisonphoto/galleryimages/solitary.jpg"><img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 320px;" src="http://www.prisonzone.com/prisonphoto/galleryimages/solitary.jpg" border="0" alt="" /></a><br /><a href="http://www.prisonzone.com/prisonphoto/galleryimages/handsouttabars.JPG"><img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 320px;" src="http://www.prisonzone.com/prisonphoto/galleryimages/handsouttabars.JPG" border="0" alt="" /></a><br /><br /><br />You can see these, along with more of Chris Cozzone's prison photography, by following the link "Prison Zone" on the side of this page.ensuring rights to allhttp://www.blogger.com/profile/10589353147547242582noreply@blogger.com0tag:blogger.com,1999:blog-8156507766611209794.post-8202881254608668012007-12-04T14:02:00.000-08:002007-12-08T16:35:20.521-08:00Juvenile Abuse in California Youth AuthorityThe California Division of Juvenile Justice, formerly called the California Youth Authority, is a jail for California's most serious young offenders. In 2000, it received widespread media attention after two wards (inmates) hanged themselves and in 2005, an 18 year old named Joseph Daniel Maldonado hanged himself as well. It was found that for more than eight weeks before his death, he was placed on lockdown, a situation where he was barely let out of his cell, denied family visits, mental health care and education.<br /><br />There have been six suicides in California's youth prisons between 2000 and 2005. In 2004, CYA received attention yet again when videos were released with guards punching and kicking wards in one of the CYA's maximum security lockups, nicknamed "Chad." Although required legally to provide high school education to inmates without a diploma, students are often kept out of class due to the aforementioned lockdowns. At one point, students were forced to attend class in small cages containing desks. This was mandated by state and teachers could only pass the small amount of educational material through small slots in the locked cages.<br /><br />Although the CYA has been undergoing massive reform due to court cases and calls from the public, there are still major problems. The CYA, now known as the DJJ, is supposed to be reforming facilities, but some statistics say that over 90% of those released from DJJ end up in<br />adult prison, within three years five percent are dead and only four percent are working.<br /><br />This is a major human rights issue on many different levels. The youth in this prison do not have adequate access to mental and other health care and personal hygiene is lacking (wards are often allowed only three showers a week). According to wards themselves, bedding is taken away early in the morning and not returned until late at night. During lockdown, the wards receive only one hour of physical exercise in a cage outside. (According to the Standard Minimum Rules for the Treatment of Prisoners, "Young prisoners, and others of suitable age and physique, shall receive physical and recreational training during the period of exercise. To this end space, installations and equipment should be provided.") Wards were frequently harassed and beaten and not allowed contact with the outside world for extended periods of time. Each and every condition mentioned violates the Standard Minimum Rules for the Treatment of Prisoners, not to mention the terms of the ICCPR (see Article 10) and the US Constitution's Bill of Rights.<br /><br />More information can be found at:<br />http://www.nospank.net/cya.htm<br />http://www.indybay.org/newsitems/2004/04/03/19592.php<br />http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2004/02/03/MNGH84NN691.DTL<br />http://www.cjcj.org/pdf/aftercare.pdf<br />http://news.pacificnews.org/news/view_article.html?article_id=da9642f03fbfdcea76efbf6e5e090419<br /><br />Information on an alternative solution to this problem can be found here:<br />http://www.npr.org/templates/story/story.php?storyId=15784264ensuring rights to allhttp://www.blogger.com/profile/10589353147547242582noreply@blogger.com0tag:blogger.com,1999:blog-8156507766611209794.post-26077277063312102332007-12-03T10:18:00.000-08:002007-12-04T11:59:30.417-08:00Abuse of the Mentally Ill in Michigan PrisonsA prime example of the abuses of mentally ill in prison units occurred at JMF, a Michigan prison facility. In February 2007, ACLU reported on the following case which occurred during August of 2006. A prisoner (whose name was withheld; he was referred to by the initials T.S.) was locked to a cement slab after having flooded his cell during a previous heat wave. He was attached to the slab for four days without adequate medical visits, food, water, or his psychotropic medication. According to ACLU, “…the segregation log indicates that he was screaming.” The only visit he was given during this time failed to include the necessary medical attention. T.S. acquired sores on his wrists and back from his restraints and his positioning atop his own excrement. He died of hypothermia, mainly due to dehydration. (It is important to note that this event occurred during a heat wave, hence his reasoning for flooding his cell initially.)<br /><br />After this case was discovered and charged, the state was ordered to provide more suitable mental health staff as well as to refrain from using ‘mechanical restraints outside of a medical setting.’ These conditions have yet to be implemented at the prison. This case also prompted coverage by 60 Minutes and an investigation into statewide prison status by Michigan’s governor.<br /><br /> Not only do the actions of the staff fall under the category of negligence and malpractice, but the withholding of necessary food and water impinges on T.S.’s actual right to life. This right is guaranteed not only by the ICCPR but also the UDHR, U.S. Constitution, and the State of Michigan’s Constitution. Additionally, this action (starvation) is considered torture and thus opposes the Convention Against Torture. Other actions of excessive punishment have been seen in previous cases regarding the prison.<br /><br /> With some additional research, we have learned that the initials T.S. represent Timothy Souders, a 21-year-old with bipolar disorder. As aforementioned, 60 Minutes did a special on his case and this report can be found here: <a href="http://www.cbsnews.com/sections/i_video/main500251.shtml?id=2458916n">http://www.cbsnews.com/sections/i_video/main500251.shtml?id=2458916n</a><br /> Additionally, his family has created an online petition aiming to reduce the use of restraints in the prison system, which can be found here: <a href="http://www.thepetitionsite.com/1/no-more-tortured-americans-in-us-prisons">http://www.thepetitionsite.com/1/no-more-tortured-americans-in-us-prisons</a>. If you are interested in this particular case or would like more information regarding the treatment of mentally ill in America's prison systems, the following links will aid in your search.<br /><br />from Human Rights Watch:<br /><a href="http://hrw.org/english/docs/2003/10/22/usdom6472.htm">http://hrw.org/english/docs/2003/10/22/usdom6472.htm</a><br /><a href="http://hrw.org/english/docs/2003/10/22/usdom7148.htm">http://hrw.org/english/docs/2003/10/22/usdom7148.htm</a><br /><a href="http://www.hrw.org/reports/2003/usa1003/">http://www.hrw.org/reports/2003/usa1003/</a><br /><br />from Treatment Advocacy Center:<br />http://www.treatmentadvocacycenter.org/generalresources/Fact3.htm<br /><br />from PBS:<br />http://www.pbs.org/wgbh/pages/frontline/shows/crime/jailed/<br />http://www.pbs.org/wgbh/pages/frontline/shows/asylums/view/<br /><br />from BBC:<br />http://news.bbc.co.uk/1/hi/health/7058654.stm<br /><br />from Mental Health Reform:<br />http://www.mhreform.org/9-7-06-mental-illness-over-represented-in-jails-and-prisons.html<br /><br />BESIDES RESEARCH, what can you do?<br /><br />Educating yourself on important matters is, always, the first step in creating change. But where do we go from there, after we have exhausted our search engines and catalogs? One way is to promote the information that you have acquired by sharing it with others --- create your own blog, start a campaign, rally! If you're feeling so inspired, join us in a promotion of Timothy Souder's case. Volunteer your time and effort to join with his family and friends in rallying for less restraints of mentally ill prisoners, more adequate health and mental care, and the betterment of living standards in America's overcrowding prisons.ensuring rights to allhttp://www.blogger.com/profile/10589353147547242582noreply@blogger.com0