Deaths in custody: Who serves survivors of state violence?

I wrote the following letter to the administrator for the Arizona Department of Corrections' Victims Services programs about six weeks ago now, with no response to it from anyone there. As I explained at the time, the questions I pose are not rhetorical - I really need help for Dana Seawright's mom. She was devastated by his homicide last July, and is now being victimized by Brewercare and the AHCCCS cuts, and the ADC can't even give me an idea of where to turn to for help for her?

What gives, Chuck? Why the stone wall in response to a victim's need for assistance? I wasn't calling your people out into the street with this- I was putting up a white flag and begging for assistance for the family of a man who was murdered in ADC's custody.

You put two guards on Dana 24/7 when he was chained to a bed in a coma, but had no one watching out for him when he was attacked by the West Side City Crips for faking a hit on a Mexican he was ordered by them to do. You should be supporting resistance to gang violence, not reinforcing it that way. Your investigators knew well enough the motives of the killers to tell his mother "if it's any consolation, they didn't mean to kill him", but you daren't clear enough on their identities such that you will refer them for prosecution - and no one on your staff was culpable for looking away while this man was beaten senseless in a open dorm? Wasn't he supposed to be in protective segregation when that happened, too?

What's so problematic about letting this woman get back to me with some resources for her? Are they hoping she collapses altogether before her lawsuit against the state goes anywhere? Can't they let the Victims' Services people do their job unimpeded by their politics and power moves?

C'mon, Chuck Ryan: serve all the victims of violence here, not just the ones you can use to pack more people into your prisons with. At least don't hoard all the resources for them where people like Kini Seawright can't get to them herself - she's not about to walk through your door asking for help after you let her kid get killed. I'm here of my own volition for all of them, including the mothers who haven't had to survive such a horrible, heartbreaking loss yet. Please have your people get back to me on this.

To the rest of you watching this all go down, take note of this resource, question with legislators and policy-makers the constitutional denial of victims' rights to people in custody, and help me find out who serves the traumatized victims of state abuse, neglect, and violence - as well as their survivors.

Keep agitating with the Department of Justice for a CRIPA investigation, and use the resources on this site (and below) to send info into prisoners about how to fight for their own rights before we end up having to find their survivors wrongful death attorneys. Tell them they aren't alone in there, and to hang on for dear life. Their fight, if they grieve conditions and file complaints with the DOJ and ACLU regardless of the hopelessness of it all, regardless of the threats and retaliation, may well be the one that finally stops these death rates from climbing, and the despair inside from consuming too many more salvageable lives.

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For the most part, living prisoners will find that they have to litigate their claims pro per (themselves). So, here are some links to resources to print stuff up from and send to them:

Here's the form to file a 1983 CR complaint in Federal District Court.

Here's the National ACLU's prisoner rights' page.

Here's the AZ ACLU's resources page.

Here's the National Lawyer's Guild/Columbia Law Review Jailhouse Lawyers Handbook.

And here's the scoop on the hoops and barriers to justice set up by the Prison Litigation Reform Act.

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April 19, 2011

Jan Upchurch, Administrator
Office of Victims' Services
Arizona Department of Corrections
1645 W. Jefferson - MC250
Phoenix, AZ 85007


Dear Ms. Upchurch;

I am a human rights activist, artist and blogger in Phoenix, and have been researching violence and suicide in AZ state prisons over the course of the past 2 years. This has opened my eyes and brought me into considerable more contact with victims of violent crime in ADC custody and their survivors than most members of the public. Do prisoners or the family members of prisoners qualify for victims' services through your office if they/their loved ones are crime victims while imprisoned at the ADC? If not, who advocates for them when prisoners are assaulted, raped, murdered, or neglected and abused (as in the case of Marcia Powell)? Additionally, who fights for policy changes that may prevent further victimization behind bars?

Many of those I see victimized at the ADC are evidently psychiatrically or developmentally disabled, and can't advocate for safer cellmates or protective segregation, or fight abusive COs or policies effectively through the grievance process or other formal systems - which arguably gives rise to more self-injurious behavior and violence out of frustration or sheer terror, a liability even if their inability to access legitimate processes keeps down the grievances and potential lawsuits. Mentally ill prisoners don't seem to be served by either DES' Protective Services Division or the AZ Center for Disability Law when victimized in custody, either. In fact, I believe all parties I just mentioned are in direct violation of the American with Disabilities Act and/or other federal mandates, as they pertain to disabled individuals victimized in custody, regardless of the AZ constitutional limits on their rights as crime victims, per se.

Furthermore, the perpetrators of prison violence and other institutionally-based crime - be they staff or inmate - are apparently seldom street-charged or prosecuted, suggesting that neither the CIU nor county attorneys hosting prisons take an aggressive role in promoting the rights of victims in custody, which seems to just tell criminals that it's who they victimize, not what they do to others, that really matters. How does the ADC plan to rectify that?

Given what we spend to keep people locked up, prison is the one place in society where crime should be under control and victims are promptly and professionally accommodated. I see no one who prisoners or families can go to out here when violent crime befalls them in prison, though - without being charged a fee for advocacy or counseling - which means these victims are easily victimized (and perhaps criminalized) again, if you don't serve them either. Even the Attorney General won't help them - he defends the ADC.

These are pointed questions, I know, but they are not rhetorical. I imagine there may be a conflict of interest with your office, but that shouldn't preclude a third party providing those services under contract with the state, just like they do for other crime victims and their families. I need this info ASAP in order to advise people who were victimized (or survived homicides of prisoners) in ADC custody of what resources are available to them; at least one grieving mother I've heard from is living on the verge of homelessness and I'm not sure where to refer her.

I see this as a serious problem underlying the continuation of prison violence, especially against vulnerable adults, made so by the symptoms of their disabilities. James Jennings is a tragic example of someone clearly killed because of their mental illness; both Shannon Palmer and his killer, Jasper Rushing, were reportedly pleading for protection - and both somewhat psychotic - when they were celled so fatefully together. Duron Cunningham reported that he was raped and assaulted before he killed himself. The list goes on.

I plan to begin a public education campaign in the coming weeks to address the issue of victims' rights (or lack thereof, under the state constitution) in custody, particularly as they apply (or don't) to surviving family members. The ADC can hinder that effort with propaganda obscuring the victimization of prisoners, help advance the field of victims' services by exploring and answering these questions thoughtfully, or do nothing but get out of the way. I invite your office into a dialogue about it, however, as I want to believe you serve for good reason. I don't know whether protecting the state or our citizens is your primary concern, though, as I don't know you. It should not have to be mutually exclusive, but seems to be given the litigation expected to follow incidents of violent crime against persons in custody.

Taking responsibility for the harm one causes or allows to be caused to another is part of the ethos of the criminal justice system. Making amends to victims - individuals, businesses, and communities, is seen as central to any kind of restorative justice, which the State of Arizona heartily endorses, as evidenced by the practice of ordering restitution when sentencing, and penalizing offenders further for failing to meet said orders. What does the ADC practice, when it comes to their own crime victims, though? Even if prisoners have no rights as victims, what about the principle of preventing future crime by making an example of perpetrators today? Why should violent criminals be provided with such blanket permission to practice on more victims before they leave prison, where they are supposedly being punished?

How the ADC deals with this issue is not just an internal affair - it has implications for all of us, as one of Pete Calleros' suspected killers went on to assault staff and another prisoner in the months that followed - he must have been emboldened by the lack of institutional response to the Calleros hit as a crime. Another suspect was paroled in the fall - he already has a warrant (it appears the court doesn't know where he is). He was never even given a ticket in association with Pete's murder, and appears to have been released with time he still could have served. One would wonder if he wasn't being rewarded. None of the four men were charged with anything - the killing was even left as a suicide - which they were identified by more than one prisoner as staging. One of them is even in there for being a gang leader, begging the question as to who, exactly, is in control of the ADC these days.

I'm well aware that if I publicly go after seeing those 4 guys prosecuted, I could end up a more likely target than they would be for being identified by me as killing Pete - when we have to fear the reach of gang members from behind prison walls, public safety is already compromised. The ADC appears to have done nothing to get justice for Pete or prevent his killers from hurting anyone else, so I don't have much confidence that anything was done to protect the guys who reported his death as a homicide, either. Please check up on the safety of those witnesses now.

None of this bodes well for how I see the prison privatization project going: the ADC is responsible for Kingman's lack of security, ultimately, and I saw nothing in the RFPs that were put out that indicates a particular concern for victims' rights. In fact, the objective set down by the ADC of making sure that no more than 1% of grievances are ultimately upheld troubles me. Correct me if I read that wrong: it just seems like an incentive to deprive prisoners of due process rights when they are harmed, not to protect them. There's no indication that private prisons would even issue press releases about prisoner deaths or abuse, or be accountable for their health and safety to the public in any transparent way. They're harder to see into than the state prisons are, giving rise to more risk of victimization.

I'm sure that given your position, you can understand my frustration and concern over the constitutionally-diminished value of prisoner's lives and the gravity of their suffering in custody, placing their very survival secondary to the state's interests in cutting costs. It manifests toxins at every level of society, such that ugliness flows from the community into the media whenever a prisoner kills themselves - look at the "comments" after every ADC press release on a suicide. It's tragic, what has become of us since the PLRA and the victims' rights amendments to state constitutions were made exempting prisoners from fundamental protections: our entire society has devolved, and I think I can make the connections.

I also think I can make the case that both these prisoners and their families are deserving of the same constitutional guarantees given all other citizens and non-citizens alike, when it comes to their welfare. Having fought most of my life to keep my own brother out of prison and harm's way - surviving the devastating suicide of a loved one myself, in the process - I'm free to tell that part of my own story, liberating others from the shame that may keep them from telling theirs. I have been a victim of violent crime, and cope now with a mood disorder and the remnants of PTSD; not much frightens me anymore. I've embraced the mothers of ADC's homicide victims, and helped my community bury our dead; I am intimately connected to this struggle. I will not relent until I know that AZ prisoners and their loved ones are getting their needs met, not brutalized, at my expense, in my name, for the sake of my own family's illusion of "safety".

Sorry to greet you so early with this level of frankness, but you seemed like an appropriate person to bring into the conversation. I appreciate your time and what thoughts you may have. I look forward to hearing back from you or Ms. Klausner on this matter soon.


Sincerely,


Peggy Plews

--

Margaret J. Plews, Editor
Arizona Prison Watch
P.O. Box 20494
Phoenix, AZ 85036
480-580-6807


"Our strategy should be not only to confront empire, but to lay siege to it. To deprive it of oxygen. To shame it. To mock it. With our art, our music, our literature, our stubbornness, our joy, our brilliance, our sheer relentlessness, and our ability to tell our own stories..."

- Arundhati Roy

Arizona Prison Watch
http://arizonaprisonwatch.blogspot.com
Prison Abolitionist
http://prisonabolitionist.blogspot.com
Hard Time Alliance - AZ
http://hardtimehepc.blogspot.com
Arizona Juvenile Prison Watch
http://azjuvenileprisonwatch.blogspot.com

Survivors of Prison Violence - AZ
http://azprisonsurvivors.blogspot.com

AZ Prison Rape: Survivor Resources.

From Just Detention International, some resources for survivors of prison rape in Arizona. Hit their site for a sample letter and talking points to AG Holder about the problems with the Prison Rape Elimination Act standards before the April 4, 2011 deadline. They need to be much stronger than the AG is proposing.

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COUNSELING AND OTHER SUPPORT SERVICES: AZ

Arizona Sexual Assault Network
1949 E. Calle de Arcos
Tempe, AZ 85284
Office: (480) 831-1986
Website: www.ArizonaSexualAssaultNetwork.org
Email: info@ArizonaSexualAssaultNetwork.org

Arizona Sexual Assault Network (AzSAN) works to identify and address sexual violence issues through a collaborative statewide public/private network of professionals, individuals, and organizations who are committed to the fight against sexual violence. AzSAN promotes an understanding of the dynamics of sexual violence and the strategies that will be successful in combating the issue. At local, state, and national levels, AzSAN works to encourage new and effective responses to sexual violence. AzSAN can provide information and referrals to survivors and direct them to member agencies or service providers in their geographic area.

Catholic Community Services in Western Arizona
690 E. 32nd Street
Yuma, AZ 85356
24-hour Hotline: (877) 440-0550
Website: www.ccs-soaz.org/ccswa

Catholic Community Services (CCS) in Western Arizona serves survivors of sexual assault in Yuma and La Paz Counties. CCS provides crisis intervention and information and referrals to survivors of sexual assault behind bars who contact the 24-hour hotline, but due to funding restrictions, CCS cannot offer ongoing support such as counseling or case management to survivors with felony convictions. All services are free and confidential.

Catholic Social Services Counseling Program
140 West Speedway, #130
Tucson, AZ 85705
Office: (520) 623-0344
Website: www.ccs-soaz.org
Email: michaelp@ccs-soaz.org

Catholic Social Services is a division of Catholic Community Services of Southern Arizona, Inc. The Catholic Social Services Counseling Program provides individual, couples, family, and group mental health counseling to adults and children in the office or in clients' homes. Most services are provided out of the main office near downtown Tucson, but services are also available from a satellite office in South Tucson and a branch office in Nogales, Arizona. Support groups are formed and arranged based on the needs of the community. The CSS Counseling Program staff includes bilingual Spanish/English counselors as well as counselors who specialize in post-traumatic stress disorder. Counseling fees are based on a sliding scale. The $10.00 registration fee can be waived for clients in financial need.

Kingman Aid to Abused People
P.O. Box 1046
Kingman, AZ 86402
Office: (928) 753-6222
24-hour Hotline: (928) 753-4242

Kingman Aid to Abused People (KAAP) provides comprehensive services to survivors of domestic and sexual violence and other crimes in Kingman, Mohave County, and adjacent areas in the Northwestern corner of Arizona. Supportive services include a 24-hour crisis hotline, emergency shelter, residential program, crisis counseling, legal advocacy, case management, and a children’s program. All services are free and confidential.

North Country HealthCare/Northern Arizona Center Against Sexual Assault
2920 N. 4th Street
Flagstaff, AZ 86004
Office: (928) 213-6112
Website: www.northcountryhealthcare.org

North Country HealthCare provides healthcare, including counseling and support groups, to the residents of Flagstaff, Seligman, Ash Fork, Grand Canyon, Winslow, St. Johns, Springerville/Eager, Holbrook, and Kingman. NACASA does not operate a 24-hour hotline, but local law enforcement contact the Northern Arizona Center Against Sexual Assault (NACASA) to administer medical/forensic examinations (Code R Kits) by specially trained sexual assault nurse examiners. Sexually Transmitted Disease (STD) and pregnancy prevention medications are provided to survivors as part of the exam. North Country also offers crisis counseling as well as other behavioral health services to survivors of sexual assault. North Country offers a sliding scale fee for services and will provide healthcare to survivors of sexual assault regardless of their ability to pay.

Southern Arizona AIDS Foundation
375 S. Euclid Ave.
Tucson, AZ 85719
Office: (520) 628-7223
Toll-free: (800) 771-9054
Website: www.saaf.org
E-mail: info@saaf.org

The Southern Arizona AIDS Foundation (SAAF) provides direct services to people living with or affected by HIV/AIDS. These services include: case management, peer counseling, support groups, wellness and complementary therapies, emergency financial assistance, medications assistance, transportation, dental services for those who qualify, and advocacy. SAAF works with and provides these direct services to prisoners with HIV/AIDS in the Arizona State system prior to discharge and after their incarceration.

Southern Arizona Center Against Sexual Assault
1600 North Country Club Road
Tucson, AZ 85716
Office: (520) 327-1171
24-hour Bilingual Crisis Line: (520) 327-7273
Toll-free 24-hour Bilingual Crisis Line: (800) 400-1001
TTY Hotline: (520) 327-1721
TTY Hotline Hours: Monday-Friday, 8am-5pm
Website: www.sacasa.org
E-mail: postmaster@sacasa.org

The Southern Arizona Center Against Sexual Assault (SACASA) is the oldest and largest sexual assault service provider in the state of Arizona and the only agency serving Tucson, Pima County, and southern Arizona. SACA offers comprehensive, specialized services to children, youth, adults, and families who have been affected by any type of sexual violence, including rape, incest, molestation, and sexual abuse. SACASA’s services for survivors of sexual assault include: advocacy, crisis intervention, specialized mental health services, prevention education, and professional training. The Crisis Services Program provides immediate and comprehensive intervention, care, advocacy, education, and referral services to survivors, secondary victims, and community members throughout southern Arizona. SACASA provides long-term, comprehensive mental health services for primary and secondary victims and survivors of recent and past sexual trauma who are eligible. All services are free and confidential.

Wingspan
425 East Seventh Street
Tucson, AZ 85705
Office: (520) 624-1779
TDD: (520) 884-0450
24-hour Anti-Violence Crisis Line (English/Spanish): (520) 624-0348
Toll-free 24-hour Anti-Violence Crisis Line (English/Spanish): (800) 553-9387
Website: www.wingspan.org
Email: avp@wingspan.org

The Wingspan Anti-Violence Project (AVP) is a social change and social service program that works to address and end violence in the lives of lesbian, gay, bisexual, and transgender (LGBT) people. The AVP provides free and confidential 24-hour crisis intervention, information, support, referrals, emergency shelter, and advocacy to LGBT victims/survivors of sexual assault and other types of violence. Additionally, Wingspan offers extensive outreach and education programs. All AVP services are available in English and Spanish. Se ofrecen todos los servicios de AVP en español.

LEGAL RESOURCES

Human Rights Advocate Service
P.O. Box 5842
Tucson, AZ 85703
Office: (520) 358-4685
E-mail: rgrc860@aol.com

Human Rights Advocate Services provides services to inmates in Arizona who are victims of sexual assault while incarcerated. Services provided free of charge include: basic legal research, investigative services, public records searches, federal freedom of information act requests, Arizona public records act requests, and attorney referrals. Inmates should send a short letter stating their concern and what help is requested. Supporting documents should not be sent.

Lambda Legal: Western Regional Office
3325 Wilshire Blvd., Suite 1300
Los Angeles, CA 90010-1729
Phone: (213) 382-7600
Fax: (213) 351-6050
Website: www.lambdalegal.org
E-mail: legalhelpdesk@lambdalegal.org

Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people, and those with HIV through impact litigation, education and public policy work. Western Regional Office provides services for those who are located in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, and Wyoming.

Help Desk Hours (Pacific Standard Time):
Mondays: 10:00 a.m. to 12:00 p.m. and 2:00 p.m. to 4:00 p.m.
Tuesdays: 10:00 a.m. to 12:00 p.m. and 2:00 p.m. to 4:00 p.m.
Wednesdays: 2:00 p.m. to 4:00 p.m.
Thursdays: 10:00 a.m. to 12:00 p.m. and 2:00 p.m. to 4:00 p.m.
Friday: 10:00 a.m. to 12:00 p.m. and 2:00 p.m. to 4:00 p.m.

If Help Desk staff are busy helping other callers, your call will be routed to the Legal Help Desk voicemail. Please leave the following information: name, state, contact info, best time to reach you, and a brief message outlining your legal inquiry. A Help Desk staff person will return your call.

It is usually most efficient for Help Desk callers to contact Lambda Legal by phone. If you are in a place where you are not able to make long distance calls, Lambda can make an appointment to call you. If you are absolutely unable to call, you may e-mail the organization at legalhelpdesk@lambdalegal.org or write to the addresses above.

State Bar of Arizona: Lawyer Locator and Referral Resources
4201 N. 24th St., Suite 200
Phoenix, AZ 850166288
Office (Maricopa County): (602) 252-4804
Toll Free (OUtside of Maricop County): (866) 482-9227

Southern Regional Office:
270 N. Church Ave., Suite 100
Tuscon, AZ 857012215
Office: (520) 623-9944
Website: www.azbar.org/LegalResources/findlawyer.cfm
Email: azbar@azbar.org

The State Bar of Arizona is a non-profit organization that operates under the supervision of the Arizona Supreme Court. The Bar regulates approximately 13,000 active attorneys in Arizona and provides education and development programs for the legal profession and the public. The Bar and its members are committed to serving the public by making sure the voices of all people in Arizona are heard in our justice system. To search for at attorney in the state of Arizona, use the Lawyer Locator on the State Bar of Arizona website or contact the State Bar via mail

Maricopa County Bar Association
Office: (602) 257-4434

Pima County Bar Association
177 N. Church Avenue, #101 Tucson, AZ 85701
Office: (520) 623-4625

Both the Maricopa and Pima County Bar Associations provide information on lawyers or legal service providers who offer low-cost, no-cost, or self-help services. Some low-cost and no-cost resources require you to meet certain income or other qualifications before services can be provided.

Self-Service Center, Maricopa County Superior Court
101 West Jefferson, 4th Floor
Phoenix, AZ
Office: (602) 506-7353

The Self-Service Center provides citizens with plain-English instructions, forms, and assistance for a variety of legal procedures. The Center also maintains a list of lawyers willing to advise self-represented individuals on a per-hour, non-retained basis.

GOVERNMENT RESOURCES

Criminal Investigation Unit, Office of the Inspector General
Arizona Department of Corrections
1601 W. Jefferson
Phoenix, AZ 85007
Office: (602) 542-1160

The Arizona Department of Corrections, Office of the Inspector General is comprised of various units responsible for the overall policing of the prison system through criminal, administrative, and background investigations; intelligence gathering; prison audits and policy; and maintenance of fire and safety standards. The Criminal Investigations Unit is responsible for investigation of all crimes that occur within the state’s prisons, as well as investigations of inmate protective segregation cases.

Georgia Prisoners transform dialogue on Civil Rights: Strike update.

"Prisoners are people, too..."

AZ State Capitol Complex/Wes Bolin Plaza, Phoenix.
(Thanksgiving, 2009)

The above chalking was my holiday gift to the prisoners maintaining state grounds who had to clean up after me last year once I discovered this form of free speech was legal. Feel free to download and distribute - I've made postcards out of it to mail to prisoners, politicians and media alike in the past year. It's still a good present.

The following update comes from the Black Agenda Report yesterday, via Claude at the Freedom Archives' Political Prisoner News list-serve. Both are awesome sources of information about prisoner rights and activism.

Members of the public should continue to call the Georgia DOC numbers below - let them know we're still watching, and that we expect these prisoners to be treated with respect. The rest of us could learn something from their courageous resistance to the brutality and violence of incarceration in America.


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GA Prison Inmate Strike Enters New Phase, Prisoners Demand Human Rights, Education, Wages For Work

By The Editors
Created 12/15/2010 - 14:40
Submitted by The Editors on Wed, 12/15/2010 - 14:40
Story by Bruce A. Dixon, audio interview by Glen Ford



Georgia prisoners who began a courageous, peaceful and nonviolent protest strike for educational opportunities, wages for their work, medical care and human rights have captured the attention of the world. Black Agenda Report intends to closely cover their continuing story. Glen Ford recorded a conversation with activist Elaine Brown and one of the striking inmates in Georgia on Wednesday, December 15.



Updated story on the strike and support efforts of the newly formed Concerned Coalition to Protect Prisoner Rights below the fold. (hit the Black Agenda Report and click the flash player below the article to listen to the interview).



GA Prison Inmate Strike Enters New Phase, Prisoners Demand Human Rights, Education, Wages For Work



Story by Bruce A. Dixon, audio interview by Glen Ford



The historic strike of Georgia prisoners, demanding wages for their labor, educational opportunities, adequate health care and nutrition, and better conditions is entering a new phase. Strikers remain firm in their demands for full human rights, though after several days many have emerged from their cells, if only to take hot showers and hot food. Many of these, however, are still refusing their involuntary and unpaid work assignments.



A group that includes relatives, friends and a broad range of supporters of the prisoners on the outside has emerged. They are seeking to sit down with Georgia correctional officials this week to discuss how some of the just demands of inmates can begin to be implemented. Initially, Georgia-based representatives of this coalition supporting the prisoner demands included the Georgia NAACP, the Nation of Islam, the National Association for Radical Prison Reform, the Green Party of Georgia, and the Ordinary Peoples Society among others. Civil rights attorneys, ministers, community organizations and other prisoner advocates are also joining the group which calls itself the Concerned Coalition to Protect Prisoner Rights.



Prisoners have stood up for themselves, and the communities they came from are lining up to support them. Today, at a ground breaking for a private prison 300 miles southeast of Atlanta in Millen GA, residents of that local community opposed to the private prison are greeting the governor and corrections brass with a protest. They will be joined by dozens more coming in from Atlanta who will respectfully urge state authorities to talk to the prisoners. We understand that one person there has been arrested. Black Agenda Report will have photos and footage of that event on Thursday.



The broad-based Concerned Coalition to Protect Prisoners Rights fully supports the heroic stand of Georgia's prisoners. “This isn't Attica,” one representative of the coalition explained. “No violent acts have been committed by any of the inmates involved. We hope state corrections officials will be as peaceful and respectful as the prisoners have been, and start a good faith dialog about quickly addressing their concerns.”



Right now, the ball is in the hands of state corrections officials, and reports are that in some of the affected prisons, authorities are fumbling that ball, engaging



“They transferred some of the high Muslims here to max already,” one prisoner told Black Agenda Report this morning. “They want to break up the unity we have here. We have the Crips and the Bloods, we have the Muslims, we have the head Mexicans, and we have the Aryans all with a peaceful understanding, all on common ground. We all want to be paid for our work, and we all want education in here. There's people in here who can't even read...



“They're trying to provoke people to violence in here, but we're not letting that happen. We just want our human rights.”



The transfers are intended to deprive groups of leadership and demoralize them. In some cases they may be having the opposite effect, stiffening prisoner morale and making room for still more leaders to emerge.



“The prisoners insist that punitive transfers are an act of bad faith, the opposite of what we should be doing,” said Minister Charles Muhammad, of the Nation of Islam in Atlanta. “The coalition supports them and demands no punitive transfers, either within or between institutions, and absolutely no transfers to institutions outside Georgia.”



Members of the public should continue to call the prisons listed below, and the GA Department of Corrections and the office of Georgia's governor, Sonny Perdue. Ask them firmly but respectfully to resolve the situation non-violently and without punitive measures. Tell them you believe prisoners deserve wages for work and education. Ask them to talk to prisoners and the communities they come from. It's simple. With one in twelve Georgia adults in jail or prison, parole or probation or other court and correctional supervision, prisoners are us. They are our families. They are our fathers and our mothers, our sons and daughters, our nieces and nephews and aunts and uncles and cousins.



Most prisoners will be back out in society sooner, not later. It's time for us all to grow up and realize that warehousing, malnourishing, mistreating and abusing prisoners does not make us safer. Denying prisoners meaningful training and educational opportunities, and forcing them to work for no wages is not the way to do. It's time to fundamentally reconsider prison as we know it, and America's public policy of mass incarceration.



Bruce Dixon and Glen Ford are reachable at bruce.dixon(at)blackagendareport.com and glen.ford(at)blackagendareport.com, respectively. Black Agenda Report intends to provide ongoing coverage several times per week of the ongoing struggle of Georgia prisoners.



The Georgia Department of Corrections is at http://www.dcor.state.ga.us and their phone number is 478-992-5246



Macon State Prison is 978-472-3900


Hays State Prison is at (706) 857-0400


Telfair State prison is 229-868-7721


Baldwin State Prison is at (478) 445- 5218


Valdosta State Prison is 229-333-7900


Smith State Prison is at (912) 654-5000

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Freedom Archives
522 Valencia Street
San Francisco, CA 94110

415 863-9977


www.Freedomarchives.org

Questions and comments may be sent to claude@freedomarchives.org

Conditions of confinement: Sheriff Joe's jail is our responsibility, too.

The following is a revised and somewhat more radical version of my post from AZ prison watch earlier in the night. It seemed appropriate for this blog, too. No one is listening to us at the Governor's office or ADC, so try the DOJ now. Please call or write today.

Amnesty International poster: Write a letter, save a life.

For those who missed Stephen Lemons' review of Shaun Attwood's new book, "Hard Time: A Brit in America's Toughest Jail", it's worth the read. I'd post it here but I've already packed in too much for the night. It is, of course, about the Maricopa County Hell they call a jail. Hit Shaun's blog, "Jon's Jail Journal" too, if you haven't already. He posts letters from prisoners there, and is a good friend to many who would otherwise have no audible voice.

As for the conditions of confinement in our jails and prisons: I don't understand why the Department of Justice hasn't held Arpaio criminally responsible for his abuse of so many people over the years - from medical negligence to conspiracies to deprive us of our civil rights. Their failure to do so thus far is akin to the feds' consent for every harm he's done under his tenure, and complicity with every additional prisoner he neglects or kills. I'm really starting to worry that they plan to make some kind of closed door deal with him, then pack their bags and walk away.

The Civil Rights of Institutionalized Persons Act covers prisoners precisely because the People so often end up needing protection from the sadistic cruelty of those wielding power in our name, and few in America are more disenfranchised and vulnerable than those disposed of in jails and prisons - citizens and "aliens" alike. They include our elderly, our poor, our sick, troubled youth, our mentally ill, our developmentally disabled - all those people we once institutionalized elsewhere (and have thrown out into the streets) are thrown into the stew.

Of course, the more vocal idiots in our community argue after every article about prisoner abuse or suicide that because they are in a jail or prison they deserve whatever they get, whatever that may be. Just because those readers like to stone prostitutes, though, doesn't mean they are themselves without sin. Nor do they represent all of us. Those people are twisted bullies hiding behind fake identities looking for someone to kick who's already down. They've probably commented on this blog of Stephen's, in fact.

That's a tangent I can't stop from exploring in this context. The media shouldn't give such people the platform on which to celebrate brutalization, suicide, and murder, including among prisoners, in the first place. That's not supporting freedom of speech - it's just intimidating the voices of reason and humanity into silence. Giving hateful people our shared public space empowers them to use shame to perpetrate cruelty, and it perpetuates the stigma felt by prisoners' families who read "good riddance" from the community after their loved ones die. They screen such things out of printed "letters to the editor"; why not moderate their public forums? Only abusive and rich people seem to get amplified when they speak - the rest of us get censored, even if we head the nightly news.

Frankly, most of "free" Arizona should be locked up, looking at the multitude of laws that require jail or prison for those who break them - and at how unbelievably easy it is to put someone away, especially in this state. We are just privileged or very lucky if we've escaped such a fate so far. Those who think they will never be prosecuted because they really aren't "criminals" need to check out the Arizona Justice Project. There are all sorts of innocent people behind bars.

Once in a while the law reaches out and touches us where we never thought it would - and since it's not a common occurrence in our white, middle class communities, we are sure that there is just a deviant in our midst, or it is a fluke of the justice system that will work itself out. Dad's in an accident while on painkillers following surgery and goes to prison because he had an old DUI. Presumably he will get treatment in prison, but he's already been sober for 5 years - instead he just loses time from his kids' lives and his ability to support his family. The neighbor is arrested for embezzling to save the house from foreclosure and her kids from homelessness - losing everything and everyone in the process. We pay over $20,000 a year to incarcerate her for five years - and God knows how much to put the kids in foster care - while her banker gets a bonus from the taxpayer bailout.  

I hope everyone out there finds those images as disturbing as I do. It happens all the time.

As for the wrongfully-accused: Americans don't really presume innocence, which is why Joe's jail was allowed to get so bad. We recoil from the accused as soon as they hit the news because the possibility that agents of the almighty law might be corrupt or wrong threatens our sense of social order. We sacrifice Innocence like she's the designated virgin just to maintain the illusion that the guilty among us are eventually caught, and that those who are caught are always guilty. 

People who are innocent tend to believe that the truth will prevail, and if it doesn't they end up being punished worse than the real criminals who make a deal. Real-life case in point: Courtney Bisbee, the school nurse accused of touching a 14-year old liar and branded as a child molester, was a feather in the cap of the detective who arrested her and the prosecutor who got the conviction. To assure that the rest of us got our taste of blood, the judge slammed her with 11 years for fighting it out in court instead of taking a plea bargain that would have had her back home with her child by now.

Stephen Lemons even investigated Courtney's case and advocated on her behalf (here and here, too), but no one wants to hear the new evidence that would exonerate her because it implicates incompetence - or worse. For law enforcement's ego and our sense of order, she's been in prison for at least 6 years now. Maybe Romley is the man who will have the courage to help set her free - we'll see. He was the Maricopa County Attorney when she was originally prosecuted, so if he steps up to the plate and looks at it in a new light, I'll be impressed. Andrew Thomas was too much of a political coward.

In these ways the brutality of our courts, Joe's jail, and Ryan's prisons hits home. It's not a freakish thing for families to be ripped apart by "justice" in poor and minority communities - it's all too common. The legal system works exactly as it's designed to there, oppressing resistance to white supremacy and defiance of the rules of capitalism at every turn. Justice is the sheep's clothing that America dons to promote the interests of the few, and the myth that we are a model of democracy is what blinds us - and Her - to the deceit. 

But Justice is not supposed to prey on the rest of us "ordinary Americans"- it is supposed to protect us. It only seems to be when we fall from grace ourselves (or get falsely accused and imprisoned) that we begin to see the system for what it is. We get inside and see people doomed to spend the rest of their lives in prison for charges as petty as fraud, while murderers walk away with money in their pocket after 15 or 20 years. Looking around, we also realize that the majority of the people behind bars are not a public safety threat - most are public nuisances, eyesores, "sinners" and surplus laborers who legislators thought would be better hidden away. Those still claiming their innocence are all too often out-maneuvered by the state in legal proceedings, and seldom have the luxury of an attorney to help them once appeals are exhausted. 


Look closely and you'll see that America's prisons and jails have, by and large, replaced our mental hospitals, poorhouses, and plantations. And they are major money-making machines for those in power, as long as they skimp on human rights and basic needs like food and health care. That's why the prisoners who would expose them are discredited, discounted, and silenced in every way possible.

Never mind that the desperate and vulnerable are being relegated and abandoned in these hellholes to sociopaths who will rape and torture them for the fun of it, or even kill them just to score a new gang tattoo. To the private and public prison industries alike, each new body is just an addition to their growing empire - they have no interest in anyone's innocence or special circumstances, and no reason to help prevent or reduce the effects of crime in our communities. 

Despite lamenting about the high recidivism rate (usually as an excuse to be better funded and more brutal), jails and prisons are just as well-paid for recycling the people they chewed up once already. Buying the industry's line of BS, a terrorized public decides that parole officers and prosecutors are always professional and responsible and work in a functional system, so it must be the criminal's own fault for getting put back in - he should have learned his lesson the first time. Our perceptions are too often shaped by the expectation that what we pay nearly 10% of our state budget for includes some effort at "rehabilitation" (hence the AZ Department of Corrections' designation as such, not the "Department of Confinement"). The criminal justice system isn't rehabilitating anyone - they're spending our money lobbying the governor and legislature to pass more laws and assure more prison sentences for less serious crimes than ever.

The prison industrial complex as a whole (of which Sheriff Joe is actually just a small part) cultivates the rest of us to feel exploited and victimized, though, so that we seem defenseless and helpless without them. Then they glorify themselves as our protectors (though they usually arrive after the crime, not in time to prevent it), and we willingly pay them some other kid's lunch money to keep it up. It's a racket. Actually reducing crime and making us all more safe would just cut into their power and profit margins.  

Anyone who believes such a system really upholds justice or promotes the public good is delusional or has been duped. Law enforcement is an integral part of the fascist decimation of our rights, not the power protecting them. We - the People - are the only power that will protect liberty and justice for the future, but only if we have our eyes wide open and are ready to risk jail, prison, defamation, and even execution in the process. If we are not, then we have surrendered that which is most important in life for nothing more than illusion. We are on a leash, instead of in a cage. At least some prisoners, with their integrity intact, mange to remain free.

The DOJ is grossly negligent for failing to act aggressively under CRIPA against the MCSO, and therefore shares the blame for emboldening our greedy, bigoted, fear-mongering lawmakers and enforcers to continue to imprison, injure, and kill those of us whose nationality or skin color or gender or politics or religion they hate. But we are also responsible for letting this go on so long without holding either the feds or Arpaio accountable ourselves. So, here are the names and contact info for the people at the DOJ who should be investigating the real public enemies - and taking action - under CRIPA, regardless of what else they're doing. Please call or write on behalf of those fighting  a losing battle to defend their lives. Don't wait for your loved one to end up in trouble: he or she may be the next prisoner of the MCSO or Arizona Department of Corrections to die.

So could you or I.

------------------------

DOJ - Special Litigation Section

Mailing Address

Special Litigation Section

950 Pennsylvania Avenue, NW, PHB
Washington, D.C. 20530
For FEDEX: 601 D Street, NW, Washington, DC 20004

Telephone Number
(202) 514-0195
toll-free at (877) 218-5228

Fax Numbers
(202) 514-0212
(202) 514-6273

---

Acting Chief
Judy Preston
(202) 514-6258
Principal Deputy Chief
Tammie Gregg
(202) 616-2009
Deputy Chiefs
Julie Abbate (Acting)
(202) 353-4637
Mary Bohan (Acting)
(202) 616-2325
Luis Saucedo (Acting)
(202) 353-0299

UN: Standard Minimum Rules for the Treatment of Prisoners

Office of the UN High Commissioner for Human Rights:

Standard Minimum Rules for the Treatment of Prisoners

Text in PDF Format

Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977

PRELIMINARY OBSERVATIONS

1. The following rules are not intended to describe in detail a model system of penal institutions. They seek only, on the basis of the general consensus of contemporary thought and the essential elements of the most adequate systems of today, to set out what is generally accepted as being good principle and practice in the treatment of prisoners and the management of institutions.

2. In view of the great variety of legal, social, economic and geographical conditions of the world, it is evident that not all of the rules are capable of application in all places and at all times. They should, however, serve to stimulate a constant endeavour to overcome practical difficulties in the way of their application, in the knowledge that they represent, as a whole, the minimum conditions which are accepted as suitable by the United Nations.

3. On the other hand, the rules cover a field in which thought is constantly developing. They are not intended to preclude experiment and practices, provided these are in harmony with the principles and seek to further the purposes which derive from the text of the rules as a whole. It will always be justifiable for the central prison administration to authorize departures from the rules in this spirit.

4. (1) Part I of the rules covers the general management of institutions, and is applicable to all categories of prisoners, criminal or civil, untried or convicted, including prisoners subject to "security measures" or corrective measures ordered by the judge.

(2) Part II contains rules applicable only to the special categories dealt with in each section. Nevertheless, the rules under section A, applicable to prisoners under sentence, shall be equally applicable to categories of prisoners dealt with in sections B, C and D, provided they do not conflict with the rules governing those categories and are for their benefit.

5. (1) The rules do not seek to regulate the management of institutions set aside for young persons such as Borstal institutions or correctional schools, but in general part I would be equally applicable in such institutions.

(2) The category of young prisoners should include at least all young persons who come within the jurisdiction of juvenile courts. As a rule, such young persons should not be sentenced to imprisonment.

Part I

RULES OF GENERAL APPLICATION

Basic principle

6. (1) The following rules shall be applied impartially. There shall be no discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

(2) On the other hand, it is necessary to respect the religious beliefs and moral precepts of the group to which a prisoner belongs.

Register

7. (1) In every place where persons are imprisoned there shall be kept a bound registration book with numbered pages in which shall be entered in respect of each prisoner received:

( a ) Information concerning his identity;

( b ) The reasons for his commitment and the authority therefor;

( c ) The day and hour of his admission and release.

(2) No person shall be received in an institution without a valid commitment order of which the details shall have been previously entered in the register.

Separation of categories

8. The different categories of prisoners shall be kept in separate institutions or parts of institutions taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of their treatment. Thus,

( a ) Men and women shall so far as possible be detained in separate institutions; in an institution which receives both men and women the whole of the premises allocated to women shall be entirely separate;

( b ) Untried prisoners shall be kept separate from convicted prisoners;

( c ) Persons imprisoned for debt and other civil prisoners shall be kept separate from persons imprisoned by reason of a criminal offence;

( d ) Young prisoners shall be kept separate from adults.

Accommodation

9. (1) Where sleeping accommodation is in individual cells or rooms, each prisoner shall occupy by night a cell or room by himself. If for special reasons, such as temporary overcrowding, it becomes necessary for the central prison administration to make an exception to this rule, it is not desirable to have two prisoners in a cell or room.

(2) Where dormitories are used, they shall be occupied by prisoners carefully selected as being suitable to associate with one another in those conditions. There shall be regular supervision by night, in keeping with the nature of the institution.

10. All accommodation provided for the use of prisoners and in particular all sleeping accommodation shall meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation.

11. In all places where prisoners are required to live or work,

( a ) The windows shall be large enough to enable the prisoners to read or work by natural light, and shall be so constructed that they can allow the entrance of fresh air whether or not there is artificial ventilation;

( b ) Artificial light shall be provided sufficient for the prisoners to read or work without injury to eyesight.

12. The sanitary installations shall be adequate to enable every prisoner to comply with the needs of nature when necessary and in a clean and decent manner.

13. Adequate bathing and shower installations shall be provided so that every prisoner may be enabled and required to have a bath or shower, at a temperature suitable to the climate, as frequently as necessary for general hygiene according to season and geographical region, but at least once a week in a temperate climate.

14. All parts of an institution regularly used by prisoners shall be properly maintained and kept scrupulously clean at all times.

Personal hygiene

15. Prisoners shall be required to keep their persons clean, and to this end they shall be provided with water and with such toilet articles as are necessary for health and cleanliness.

16. In order that prisoners may maintain a good appearance compatible with their self-respect, facilities shall be provided for the proper care of the hair and beard, and men shall be enabled to shave regularly.

Clothing and bedding

17. (1) Every prisoner who is not allowed to wear his own clothing shall be provided with an outfit of clothing suitable for the climate and adequate to keep him in good health. Such clothing shall in no manner be degrading or humiliating.

(2) All clothing shall be clean and kept in proper condition. Underclothing shall be changed and washed as often as necessary for the maintenance of hygiene.

(3) In exceptional circumstances, whenever a prisoner is removed outside the institution for an authorized purpose, he shall be allowed to wear his own clothing or other inconspicuous clothing.

18. If prisoners are allowed to wear their own clothing, arrangements shall be made on their admission to the institution to ensure that it shall be clean and fit for use.

19. Every prisoner shall, in accordance with local or national standards, be provided with a separate bed, and with separate and sufficient bedding which shall be clean when issued, kept in good order and changed often enough to ensure its cleanliness.

Food

20. (1) Every prisoner shall be provided by the administration at the usual hours with food of nutritional value adequate for health and strength, of wholesome quality and well prepared and served.

(2) Drinking water shall be available to every prisoner whenever he needs it.

Exercise and sport

21. (1) Every prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise in the open air daily if the weather permits.

(2) 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.

Medical services

22. (1) At every institution there shall be available the services of at least one qualified medical officer who should have some knowledge of psychiatry. The medical services should be organized in close relationship to the general health administration of the community or nation. They shall include a psychiatric service for the diagnosis and, in proper cases, the treatment of states of mental abnormality.

(2) Sick prisoners who require specialist treatment shall be transferred to specialized institutions or to civil hospitals. Where hospital facilities are provided in an institution, their equipment, furnishings and pharmaceutical supplies shall be proper for the medical care and treatment of sick prisoners, and there shall be a staff of suitable trained officers.

(3) The services of a qualified dental officer shall be available to every prisoner.

23. (1) In women's institutions there shall be special accommodation for all necessary pre-natal and post-natal care and treatment. Arrangements shall be made wherever practicable for children to be born in a hospital outside the institution. If a child is born in prison, this fact shall not be mentioned in the birth certificate.

(2) Where nursing infants are allowed to remain in the institution with their mothers, provision shall be made for a nursery staffed by qualified persons, where the infants shall be placed when they are not in the care of their mothers.

24. The medical officer shall see and examine every prisoner as soon as possible after his admission and thereafter as necessary, with a view particularly to the discovery of physical or mental illness and the taking of all necessary measures; the segregation of prisoners suspected of infectious or contagious conditions; the noting of physical or mental defects which might hamper rehabilitation, and the determination of the physical capacity of every prisoner for work.

25. (1) The medical officer shall have the care of the physical and mental health of the prisoners and should daily see all sick prisoners, all who complain of illness, and any prisoner to whom his attention is specially directed.

(2) The medical officer shall report to the director whenever he considers that a prisoner's physical or mental health has been or will be injuriously affected by continued imprisonment or by any condition of imprisonment.

26. (1) The medical officer shall regularly inspect and advise the director upon:

( a ) The quantity, quality, preparation and service of food;

( b ) The hygiene and cleanliness of the institution and the prisoners;

( c ) The sanitation, heating, lighting and ventilation of the institution;

( d ) The suitability and cleanliness of the prisoners' clothing and bedding;

( e ) The observance of the rules concerning physical education and sports, in cases where there is no technical personnel in charge of these activities.

(2) The director shall take into consideration the reports and advice that the medical officer submits according to rules 25 (2) and 26 and, in case he concurs with the recommendations made, shall take immediate steps to give effect to those recommendations; if they are not within his competence or if he does not concur with them, he shall immediately submit his own report and the advice of the medical officer to higher authority.

Discipline and punishment

27. Discipline and order shall be maintained with firmness, but with no more restriction than is necessary for safe custody and well-ordered community life.

28. (1) No prisoner shall be employed, in the service of the institution, in any disciplinary capacity.

(2) This rule shall not, however, impede the proper functioning of systems based on self-government, under which specified social, educational or sports activities or responsibilities are entrusted, under supervision, to prisoners who are formed into groups for the purposes of treatment.

29. The following shall always be determined by the law or by the regulation of the competent administrative authority:

( a ) Conduct constituting a disciplinary offence;

( b ) The types and duration of punishment which may be inflicted;

( c ) The authority competent to impose such punishment.

30. (1) No prisoner shall be punished except in accordance with the terms of such law or regulation, and never twice for the same offence.

(2) No prisoner shall be punished unless he has been informed of the offence alleged against him and given a proper opportunity of presenting his defence. The competent authority shall conduct a thorough examination of the case.

(3) Where necessary and practicable the prisoner shall be allowed to make his defence through an interpreter.

31. Corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading punishments shall be completely prohibited as punishments for disciplinary offences.

32. (1) Punishment by close confinement or reduction of diet shall never be inflicted unless the medical officer has examined the prisoner and certified in writing that he is fit to sustain it.

(2) The same shall apply to any other punishment that may be prejudicial to the physical or mental health of a prisoner. In no case may such punishment be contrary to or depart from the principle stated in rule 31.

(3) The medical officer shall visit daily prisoners undergoing such punishments and shall advise the director if he considers the termination or alteration of the punishment necessary on grounds of physical or mental health.

Instruments of restraint

33. Instruments of restraint, such as handcuffs, chains, irons and strait-jackets, shall never be applied as a punishment. Furthermore, chains or irons shall not be used as restraints. Other instruments of restraint shall not be used except in the following circumstances:

( a ) As a precaution against escape during a transfer, provided that they shall be removed when the prisoner appears before a judicial or administrative authority;

( b ) On medical grounds by direction of the medical officer;

( c ) By order of the director, if other methods of control fail, in order to prevent a prisoner from injuring himself or others or from damaging property; in such instances the director shall at once consult the medical officer and report to the higher administrative authority.

34. The patterns and manner of use of instruments of restraint shall be decided by the central prison administration. Such instruments must not be applied for any longer time than is strictly necessary.

Information to and complaints by prisoners

35. (1) Every prisoner on admission shall be provided with written information about the regulations governing the treatment of prisoners of his category, the disciplinary requirements of the institution, the authorized methods of seeking information and making complaints, and all such other matters as are necessary to enable him to understand both his rights and his obligations and to adapt himself to the life of the institution.

(2) If a prisoner is illiterate, the aforesaid information shall be conveyed to him orally.

36. (1) Every prisoner shall have the opportunity each week day of making requests or complaints to the director of the institution or the officer authorized to represent him.

(2) It shall be possible to make requests or complaints to the inspector of prisons during his inspection. The prisoner shall have the opportunity to talk to the inspector or to any other inspecting officer without the director or other members of the staff being present.

(3) Every prisoner shall be allowed to make a request or complaint, without censorship as to substance but in proper form, to the central prison administration, the judicial authority or other proper authorities through approved channels.

(4) Unless it is evidently frivolous or groundless, every request or complaint shall be promptly dealt with and replied to without undue delay.

Contact with the outside world

37. Prisoners shall be allowed under necessary supervision to communicate with their family and reputable friends at regular intervals, both by correspondence and by receiving visits.

38. (1) Prisoners who are foreign nationals shall be allowed reasonable facilities to communicate with the diplomatic and consular representatives of the State to which they belong.

(2) Prisoners who are nationals of States without diplomatic or consular representation in the country and refugees or stateless persons shall be allowed similar facilities to communicate with the diplomatic representative of the State which takes charge of their interests or any national or international authority whose task it is to protect such persons.

39. Prisoners shall be kept informed regularly of the more important items of news by the reading of newspapers, periodicals or special institutional publications, by hearing wireless transmissions, by lectures or by any similar means as authorized or controlled by the administration.

Books

40. Every institution shall have a library for the use of all categories of prisoners, adequately stocked with both recreational and instructional books, and prisoners shall be encouraged to make full use of it.

Religion

41. (1) If the institution contains a sufficient number of prisoners of the same religion, a qualified representative of that religion shall be appointed or approved. If the number of prisoners justifies it and conditions permit, the arrangement should be on a full-time basis.

(2) A qualified representative appointed or approved under paragraph (1) shall be allowed to hold regular services and to pay pastoral visits in private to prisoners of his religion at proper times.

(3) Access to a qualified representative of any religion shall not be refused to any prisoner. On the other hand, if any prisoner should object to a visit of any religious representative, his attitude shall be fully respected.

42. So far as practicable, every prisoner shall be allowed to satisfy the needs of his religious life by attending the services provided in the institution and having in his possession the books of religious observance and instruction of his denomination.

Retention of prisoners' property

43. (1) All money, valuables, clothing and other effects belonging to a prisoner which under the regulations of the institution he is not allowed to retain shall on his admission to the institution be placed in safe custody. An inventory thereof shall be signed by the prisoner. Steps shall be taken to keep them in good condition.

(2) On the release of the prisoner all such articles and money shall be returned to him except in so far as he has been authorized to spend money or send any such property out of the institution, or it has been found necessary on hygienic grounds to destroy any article of clothing. The prisoner shall sign a receipt for the articles and money returned to him.

(3) Any money or effects received for a prisoner from outside shall be treated in the same way.

(4) If a prisoner brings in any drugs or medicine, the medical officer shall decide what use shall be made of them.

Notification of death, illness, transfer, etc.

44. (1) Upon the death or serious illness of, or serious injury to a prisoner, or his removal to an institution for the treatment of mental affections, the director shall at once inform the spouse, if the prisoner is married, or the nearest relative and shall in any event inform any other person previously designated by the prisoner.

(2) A prisoner shall be informed at once of the death or serious illness of any near relative. In case of the critical illness of a near relative, the prisoner should be authorized, whenever circumstances allow, to go to his bedside either under escort or alone.

(3) Every prisoner shall have the right to inform at once his family of his imprisonment or his transfer to another institution.

Removal of prisoners

45. (1) When the prisoners are being removed to or from an institution, they shall be exposed to public view as little as possible, and proper safeguards shall be adopted to protect them from insult, curiosity and publicity in any form.

(2) The transport of prisoners in conveyances with inadequate ventilation or light, or in any way which would subject them to unnecessary physical hardship, shall be prohibited.

(3) The transport of prisoners shall be carried out at the expense of the administration and equal conditions shall obtain for all of them.

Institutional personnel

46. (1) The prison administration shall provide for the careful selection of every grade of the personnel, since it is on their integrity, humanity, professional capacity and personal suitability for the work that the proper administration of the institutions depends.

(2) The prison administration shall constantly seek to awaken and maintain in the minds both of the personnel and of the public the conviction that this work is a social service of great importance, and to this end all appropriate means of informing the public should be used.

(3) To secure the foregoing ends, personnel shall be appointed on a full-time basis as professional prison officers and have civil service status with security of tenure subject only to good conduct, efficiency and physical fitness. Salaries shall be adequate to attract and retain suitable men and women; employment benefits and conditions of service shall be favourable in view of the exacting nature of the work.

47. (1) The personnel shall possess an adequate standard of education and intelligence.

(2) Before entering on duty, the personnel shall be given a course of training in their general and specific duties and be required to pass theoretical and practical tests.

(3) After entering on duty and during their career, the personnel shall maintain and improve their knowledge and professional capacity by attending courses of in-service training to be organized at suitable intervals.

48. All members of the personnel shall at all times so conduct themselves and perform their duties as to influence the prisoners for good by their example and to command their respect.

49. (1) So far as possible, the personnel shall include a sufficient number of specialists such as psychiatrists, psychologists, social workers, teachers and trade instructors.

(2) The services of social workers, teachers and trade instructors shall be secured on a permanent basis, without thereby excluding part-time or voluntary workers.

50. (1) The director of an institution should be adequately qualified for his task by character, administrative ability, suitable training and experience.

(2) He shall devote his entire time to his official duties and shall not be appointed on a part-time basis.

(3) He shall reside on the premises of the institution or in its immediate vicinity.

(4) When two or more institutions are under the authority of one director, he shall visit each of them at frequent intervals. A responsible resident official shall be in charge of each of these institutions.

51. (1) The director, his deputy, and the majority of the other personnel of the institution shall be able to speak the language of the greatest number of prisoners, or a language understood by the greatest number of them.

(2) Whenever necessary, the services of an interpreter shall be used.

52. (1) In institutions which are large enough to require the services of one or more full-time medical officers, at least one of them shall reside on the premises of the institution or in its immediate vicinity.

(2) In other institutions the medical officer shall visit daily and shall reside near enough to be able to attend without delay in cases of urgency.

53. (1) In an institution for both men and women, the part of the institution set aside for women shall be under the authority of a responsible woman officer who shall have the custody of the keys of all that part of the institution.

(2) No male member of the staff shall enter the part of the institution set aside for women unless accompanied by a woman officer.

(3) Women prisoners shall be attended and supervised only by women officers. This does not, however, preclude male members of the staff, particularly doctors and teachers, from carrying out their professional duties in institutions or parts of institutions set aside for women.

54. (1) Officers of the institutions shall not, in their relations with the prisoners, use force except in self-defence or in cases of attempted escape, or active or passive physical resistance to an order based on law or regulations. Officers who have recourse to force must use no more than is strictly necessary and must report the incident immediately to the director of the institution.

(2) Prison officers shall be given special physical training to enable them to restrain aggressive prisoners.

(3) Except in special circumstances, staff performing duties which bring them into direct contact with prisoners should not be armed. Furthermore, staff should in no circumstances be provided with arms unless they have been trained in their use.

Inspection

55. There shall be a regular inspection of penal institutions and services by qualified and experienced inspectors appointed by a competent authority. Their task shall be in particular to ensure that these institutions are administered in accordance with existing laws and regulations and with a view to bringing about the objectives of penal and correctional services.

Part II

RULES APPLICABLE TO SPECIAL CATEGORIES

A. Prisoners under sentence

Guiding principles

56. The guiding principles hereafter are intended to show the spirit in which penal institutions should be administered and the purposes at which they should aim, in accordance with the declaration made under Preliminary Observation 1 of the present text.

57. Imprisonment and other measures which result in cutting off an offender from the outside world are afflictive by the very fact of taking from the person the right of self-determination by depriving him of his liberty. Therefore the prison system shall not, except as incidental to justifiable segregation or the maintenance of discipline, aggravate the suffering inherent in such a situation.

58. The purpose and justification of a sentence of imprisonment or a similar measure deprivative of liberty is ultimately to protect society against crime. This end can only be achieved if the period of imprisonment is used to ensure, so far as possible, that upon his return to society the offender is not only willing but able to lead a law-abiding and self-supporting life.

59. To this end, the institution should utilize all the remedial, educational, moral, spiritual and other forces and forms of assistance which are appropriate and available, and should seek to apply them according to the individual treatment needs of the prisoners.

60. (1) The regime of the institution should seek to minimize any differences between prison life and life at liberty which tend to lessen the responsibility of the prisoners or the respect due to their dignity as human beings.

(2) Before the completion of the sentence, it is desirable that the necessary steps be taken to ensure for the prisoner a gradual return to life in society. This aim may be achieved, depending on the case, by a pre-release regime organized in the same institution or in another appropriate institution, or by release on trial under some kind of supervision which must not be entrusted to the police but should be combined with effective social aid.

61. The treatment of prisoners should emphasize not their exclusion from the community, but their continuing part in it. Community agencies should, therefore, be enlisted wherever possible to assist the staff of the institution in the task of social rehabilitation of the prisoners. There should be in connection with every institution social workers charged with the duty of maintaining and improving all desirable relations of a prisoner with his family and with valuable social agencies. Steps should be taken to safeguard, to the maximum extent compatible with the law and the sentence, the rights relating to civil interests, social security rights and other social benefits of prisoners.

62. The medical services of the institution shall seek to detect and shall treat any physical or mental illnesses or defects which may hamper a prisoner's rehabilitation. All necessary medical, surgical and psychiatric services shall be provided to that end.

63. (1) The fulfilment of these principles requires individualization of treatment and for this purpose a flexible system of classifying prisoners in groups; it is therefore desirable that such groups should be distributed in separate institutions suitable for the treatment of each group.

(2) These institutions need not provide the same degree of security for every group. It is desirable to provide varying degrees of security according to the needs of different groups. Open institutions, by the very fact that they provide no physical security against escape but rely on the self-discipline of the inmates, provide the conditions most favourable to rehabilitation for carefully selected prisoners.

(3) It is desirable that the number of prisoners in closed institutions should not be so large that the individualization of treatment is hindered. In some countries it is considered that the population of such institutions should not exceed five hundred. In open institutions the population should be as small as possible.

(4) On the other hand, it is undesirable to maintain prisons which are so small that proper facilities cannot be provided.

64. The duty of society does not end with a prisoner's release. There should, therefore, be governmental or private agencies capable of lending the released prisoner efficient after-care directed towards the lessening of prejudice against him and towards his social rehabilitation.

Treatment

65. The treatment of persons sentenced to imprisonment or a similar measure shall have as its purpose, so far as the length of the sentence permits, to establish in them the will to lead law-abiding and self-supporting lives after their release and to fit them to do so. The treatment shall be such as will encourage their self-respect and develop their sense of responsibility.

66. (1) To these ends, all appropriate means shall be used, including religious care in the countries where this is possible, education, vocational guidance and training, social casework, employment counselling, physical development and strengthening of moral character, in accordance with the individual needs of each prisoner, taking account of his social and criminal history, his physical and mental capacities and aptitudes, his personal temperament, the length of his sentence and his prospects after release.

(2) For every prisoner with a sentence of suitable length, the director shall receive, as soon as possible after his admission, full reports on all the matters referred to in the foregoing paragraph. Such reports shall always include a report by a medical officer, wherever possible qualified in psychiatry, on the physical and mental condition of the prisoner.

(3) The reports and other relevant documents shall be placed in an individual file. This file shall be kept up to date and classified in such a way that it can be consulted by the responsible personnel whenever the need arises.

Classification and individualization

67. The purposes of classification shall be:

( a ) To separate from others those prisoners who, by reason of their criminal records or bad characters, are likely to exercise a bad influence;

( b ) To divide the prisoners into classes in order to facilitate their treatment with a view to their social rehabilitation.

68. So far as possible separate institutions or separate sections of an institution shall be used for the treatment of the different classes of prisoners.

69. As soon as possible after admission and after a study of the personality of each prisoner with a sentence of suitable length, a programme of treatment shall be prepared for him in the light of the knowledge obtained about his individual needs, his capacities and dispositions.

Privileges

70. Systems of privileges appropriate for the different classes of prisoners and the different methods of treatment shall be established at every institution, in order to encourage good conduct, develop a sense of responsibility and secure the interest and co-operation of the prisoners in their treatment.

Work

71. (1) Prison labour must not be of an afflictive nature.

(2) All prisoners under sentence shall be required to work, subject to their physical and mental fitness as determined by the medical officer.

(3) Sufficient work of a useful nature shall be provided to keep prisoners actively employed for a normal working day.

(4) So far as possible the work provided shall be such as will maintain or increase the prisoners, ability to earn an honest living after release.

(5) Vocational training in useful trades shall be provided for prisoners able to profit thereby and especially for young prisoners.

(6) Within the limits compatible with proper vocational selection and with the requirements of institutional administration and discipline, the prisoners shall be able to choose the type of work they wish to perform.

72. (1) The organization and methods of work in the institutions shall resemble as closely as possible those of similar work outside institutions, so as to prepare prisoners for the conditions of normal occupational life.

(2) The interests of the prisoners and of their vocational training, however, must not be subordinated to the purpose of making a financial profit from an industry in the institution.

73. (1) Preferably institutional industries and farms should be operated directly by the administration and not by private contractors.

(2) Where prisoners are employed in work not controlled by the administration, they shall always be under the supervision of the institution's personnel. Unless the work is for other departments of the government the full normal wages for such work shall be paid to the administration by the persons to whom the labour is supplied, account being taken of the output of the prisoners.

74. (1) The precautions laid down to protect the safety and health of free workmen shall be equally observed in institutions.

(2) Provision shall be made to indemnify prisoners against industrial injury, including occupational disease, on terms not less favourable than those extended by law to free workmen.

75. (1) The maximum daily and weekly working hours of the prisoners shall be fixed by law or by administrative regulation, taking into account local rules or custom in regard to the employment of free workmen.

(2) The hours so fixed shall leave one rest day a week and sufficient time for education and other activities required as part of the treatment and rehabilitation of the prisoners.

76. (1) There shall be a system of equitable remuneration of the work of prisoners.

(2) Under the system prisoners shall be allowed to spend at least a part of their earnings on approved articles for their own use and to send a part of their earnings to their family.

(3) The system should also provide that a part of the earnings should be set aside by the administration so as to constitute a savings fund to be handed over to the prisoner on his release.

Education and recreation

77. (1) Provision shall be made for the further education of all prisoners capable of profiting thereby, including religious instruction in the countries where this is possible. The education of illiterates and young prisoners shall be compulsory and special attention shall be paid to it by the administration.

(2) So far as practicable, the education of prisoners shall be integrated with the educational system of the country so that after their release they may continue their education without difficulty.

78. Recreational and cultural activities shall be provided in all institutions for the benefit of the mental and physical health of prisoners.

Social relations and after-care

79. Special attention shall be paid to the maintenance and improvement of such relations between a prisoner and his family as are desirable in the best interests of both.

80. From the beginning of a prisoner's sentence consideration shall be given to his future after release and he shall be encouraged and assisted to maintain or establish such relations with persons or agencies outside the institution as may promote the best interests of his family and his own social rehabilitation.

81. (1) Services and agencies, governmental or otherwise, which assist released prisoners to re-establish themselves in society shall ensure, so far as is possible and necessary, that released prisoners be provided with appropriate documents and identification papers, have suitable s and work to go to, are suitably and adequately clothed having regard to the climate and season, and have sufficient means to reach their destination and maintain themselves in the period immediately following their release.

(2) The approved representatives of such agencies shall have all necessary access to the institution and to prisoners and shall be taken into consultation as to the future of a prisoner from the beginning of his sentence.

(3) It is desirable that the activities of such agencies shall be centralized or co-ordinated as far as possible in order to secure the best use of their efforts.

B. Insane and mentally abnormal prisoners

82. (1) Persons who are found to be insane shall not be detained in prisons and arrangements shall be made to remove them to mental institutions as soon as possible.

(2) Prisoners who suffer from other mental diseases or abnormalities shall be observed and treated in specialized institutions under medical management.

(3) During their stay in a prison, such prisoners shall be placed under the special supervision of a medical officer.

(4) The medical or psychiatric service of the penal institutions shall provide for the psychiatric treatment of all other prisoners who are in need of such treatment.

83. It is desirable that steps should be taken, by arrangement with the appropriate agencies, to ensure if necessary the continuation of psychiatric treatment after release and the provision of social-psychiatric after-care.

C. Prisoners under arrest or awaiting trial

84. (1) Persons arrested or imprisoned by reason of a criminal charge against them, who are detained either in police custody or in prison custody (jail) but have not yet been tried and sentenced, will be referred to as "untried prisoners" hereinafter in these rules.

(2) Unconvicted prisoners are presumed to be innocent and shall be treated as such.

(3) Without prejudice to legal rules for the protection of individual liberty or prescribing the procedure to be observed in respect of untried prisoners, these prisoners shall benefit by a special regime which is described in the following rules in its essential requirements only.

85. (1) Untried prisoners shall be kept separate from convicted prisoners.

(2) Young untried prisoners shall be kept separate from adults and shall in principle be detained in separate institutions.

86. Untried prisoners shall sleep singly in separate rooms, with the reservation of different local custom in respect of the climate.

87. Within the limits compatible with the good order of the institution, untried prisoners may, if they so desire, have their food procured at their own expense from the outside, either through the administration or through their family or friends. Otherwise, the administration shall provide their food.

88. (1) An untried prisoner shall be allowed to wear his own clothing if it is clean and suitable.

(2) If he wears prison dress, it shall be different from that supplied to convicted prisoners.

89. An untried prisoner shall always be offered opportunity to work, but shall not be required to work. If he chooses to work, he shall be paid for it.

90. An untried prisoner shall be allowed to procure at his own expense or at the expense of a third party such books, newspapers, writing materials and other means of occupation as are compatible with the interests of the administration of justice and the security and good order of the institution.

91. An untried prisoner shall be allowed to be visited and treated by his own doctor or dentist if there is reasonable ground for his application and he is able to pay any expenses incurred.

92. An untried prisoner shall be allowed to inform immediately his family of his detention and shall be given all reasonable facilities for communicating with his family and friends, and for receiving visits from them, subject only to restrictions and supervision as are necessary in the interests of the administration of justice and of the security and good order of the institution.

93. For the purposes of his defence, an untried prisoner shall be allowed to apply for free legal aid where such aid is available, and to receive visits from his legal adviser with a view to his defence and to prepare and hand to him confidential instructions. For these purposes, he shall if he so desires be supplied with writing material. Interviews between the prisoner and his legal adviser may be within sight but not within the hearing of a police or institution official.

D. Civil prisoners

94. In countries where the law permits imprisonment for debt, or by order of a court under any other non-criminal process, persons so imprisoned shall not be subjected to any greater restriction or severity than is necessary to ensure safe custody and good order. Their treatment shall be not less favourable than that of untried prisoners, with the reservation, however, that they may possibly be required to work.

E. Persons arrested or detained without charge

95. Without prejudice to the provisions of article 9 of the International Covenant on Civil and Political Rights, persons arrested or imprisoned without charge shall be accorded the same protection as that accorded under part I and part II, section C. Relevant provisions of part II, section A, shall likewise be applicable where their application may be conducive to the benefit of this special group of persons in custody, provided that no measures shall be taken implying that re-education or rehabilitation is in any way appropriate to persons not convicted of any criminal offence.