Solitary Watch
Confronts Torture in US Prisons
- An interview with James Ridgeway and
Jean Casella
Angola 3 News, June 12, 2011
Prisoners in the Security Housing Unit (SHU) at Pelican Bay State Prison
in California have announced that they are beginning an indefinite
hunger strike on July 1, 2011 to protest the conditions of their
imprisonment, which they say are cruel and inhumane. An online petition
has been started by supporters of the strikers. While noting that the
hunger strike is being "organized by prisoners in an unusual show of
racial unity," five key demands are listed by California Prison Focus:
1) Eliminate group punishments; 2) Abolish the debriefing policy and
modify active/inactive gang status criteria; 3) Comply with the
recommendations of the US Commission on Safety and Abuse in Prisons
(2006) regarding an end to long term solitary confinement; 4) Provide
adequate food; 5) Expand and provide constructive programs and
privileges for indefinite SHU inmates.
Notably, Pelican Bay is `home' to the only US prisoner known to have
spent more time in solitary confinement than the 39 years that Herman
Wallace and Albert Woodfox of the Angola 3, have spent--since April
1972. Imprisoned now for a total of 47 years and held at Pelican Bay
since 1990, Hugo Pinell has been in continuous solitary for over 40
years, since at least 1971--probably even since the late 1960's. Pinell
was a close comrade of Black Panther leader George Jackson, who had
organized a Panther chapter inside California's San Quentin Prison,
similar to the prison chapter organized by the Angola 3 in Louisiana.
Journalist Kiilu Nyasha writes that on Aug. 21, 1971, the day of George
Jackson's assassination, "three prison guards and two inmate trustees
were also killed. Subsequently, six prisoners, including Hugo Pinell,
were singled out and put on trial. Reminiscent of the slave auctions,
they were each forced to bear 30 lb. of chains in a Marin courtroom
after being charged with numerous counts of murder and assault." They
became known as the San Quentin Six. Johnny Spain, the only defendant to
be convicted of murder, was released in 1988, making Pinell the last of
the San Quentin Six behind bars, despite having being convicted of a
lesser assault charge (read more).
Robert King, of the Angola 3, released in 2001 after 29 years in
solitary, has expressed support for Pinell, saying that he "is a clear
example of a political prisoner." In January 2009, Pinell was denied
parole for the ninth time, despite a clean record with no-write ups for
the past 25 years. Now, in 2011, with 27 years of `clean time,' Pinell
is eligible for parole once again, but his hearing has been postponed
for six months and is expected later this year.
For decades now, human rights activists have criticized the infamous
Pelican Bay supermax prison. Journalists James Ridgeway and Jean
Casella, co-founders of the new Solitary Watch website, are similarly
critical of conditions at Pelican Bay, and they argue that the treatment
of prisoners at Pelican Bay is a reflection of a widespread human rights
crisis throughout the US prison system.
Angola 3 News: How did you first become interested in the issue of
solitary confinement and ultimately become inspired to start Solitary
Watch?
Solitary Watch: We started Solitary Watch because this issue grabbed us
by the throats. The solitary confinement of tens of thousands of
prisoners may be the most grievous mass human rights violation that's
taking place on American soil, yet it's been largely concealed from and
ignored by the public, and seriously under-reported by the press.
Solitary confinement is a hidden world within the larger hidden world of
the prison system, and prisoners in solitary are an invisible and
dehumanized minority within the larger population of prison inmates in
general--who also remain remarkably invisible and dehumanized,
considering that they now number nearly 2.3 million and constitute one
in every 100 adults in this country.
We don't mean to sound self-righteous about any of this, because until
two years ago we were as ignorant about this subject as anyone. Like so
many other people, we were outraged by the abuses taking place at
Guantanamo or Abu Ghraib, yet we knew relatively little about the abuses
happening here at home, in our own prisons and jails. What changed that
was Jim's reporting for Mother Jones on the Angola 3. To discover that
there were men who had been living isolated in 6 x 9-foot cells for
nearly 40 years—well, that clearly shocked the conscience.
That was the beginning of our education. We began to learn more and more
about this torturous netherworld of solitary confinement that exists, in
one form or another, in every state of the union. And we discovered that
there were activists and lawyers and scholars and prisoners' families
and even a handful of journalists out there who were trying to draw
attention to the issue, but no centralized, comprehensive source of
information.
A3N: Can you please briefly tell us about your background before
Solitary Watch?
SW: Jim has more than 40 years of experience as an investigative
journalist, and Jean has been an editor for independent media and run
small nonprofit organizations. It seemed like together we had the skills
we needed to start up a web-based project that would serve as an
information clearinghouse on solitary confinement, as well as a forum
for whatever original reporting we might do on the subject. And we've
been fortunate enough to get some funding from several generous donors.
That was the genesis of Solitary Watch, which went online a year and a
half ago.
A3N: What is a SHU?
SW: SHU is just one of many euphemisms prison systems have developed to
avoid using the term "solitary confinement." In California, it stands
for Security Housing Unit; in New York it is Special Housing Unit.
Elsewhere we see Special Management Units, Behavioral Management Units,
Communications Management Units, Administrative Segregation,
Disciplinary Segregation—the list goes on. There are nuances of
difference among them, but they all consist of 23- to 24-hour-a-day
lockdown. Most of these systems—including the federal Bureau of
Prisons—deny that they use solitary confinement, even while they have
tens of thousands of prisoners locked alone in their cells for months,
years, even decades.
A3N: When was the first SHU made?
SW: Solitary confinement was actually invented here in the United
States, in the early 19th century in Philadelphia, as a supposedly
humane alternative to things like floggings and hard labor. Prisoners
were locked up alone, with absolutely nothing to do but contemplate
their crimes, pray, and supposedly become "penitent"—thus the term
"penitentiary." Of course, nothing like that happened. The U.S. Supreme
Court looked at conditions in the Philadelphia prison in 1890 and found
that "A considerable number of the prisoners fell, after even a short
confinement, into a semi-fatuous condition, from which it was next to
impossible to arouse them, and others became violently insane; others
still, committed suicide; while those who stood the ordeal better were
not generally reformed, and in most cases did not recover sufficient
mental activity to be of any subsequent service to the community."
For nearly 100 years after that, solitary confinement was rare; the
famous Birdman of Alcatraz spent six years in solitary, and that was
unusual. Things really began to change in 1983, when two guards at the
federal prison in Marion, Illinois, were killed by inmates on the same
day. That was the beginning of the notorious Marion Lockdown, where
prisoners were permanently confined to their cells without yard time,
work, or any kind of rehabilitative programming.
A3N: How have they developed since?
SW: Other prisons followed suit, and in 1989 California built the first
supermax—Pelican Bay. There was a supermax boom in the 1990s, and today,
40 states and the federal government have supermax prisons holding
upwards of 25,000 inmates. Tens of thousands more are held in solitary
confinement in lockdown units within other prisons and jails. There's no
up-to-date nationwide count, but according to best estimates, there are
at least 75,000 and perhaps more than 100,000 prisoners in solitary
confinement on any given day in America.
Solitary confinement has become the disciplinary measure of first
resort, rather than of last resort. Today you can be placed in solitary
confinement not only for violence, but for any form of "insubordination"
toward prison officials. Others are put there for having
contraband—which includes not only drugs but cell phones or even too
many postage stamps. Still others—including many of the juveniles in
adult prisons--end up in solitary for their own "protection" because
they are targets of prison rape. A lot of the men in Pelican Bay's SHU
are there because they've been "validated" as gang members, based on the
say-so of inmate "snitches" who are rewarded for informing. The reasons
are countless, and sometimes absurd. In Virginia, a group of Rastafarian
men was in solitary for a decade because they refused to cut their
dreadlocks, in violation of prison rules.
A3N: What are effects of the SHU on prisoners' health and well-being?
SW: As one prisoner at the Tamms supermax in Illinois said, "Lock
yourself in your bathroom for the next 10 years and tell me how it will
affect your mind."
If it weren't already obvious enough, research conducted over the last
30 years confirms solitary confinement has an extremely damaging effect
on mental health. One study found that a single week in solitary
produced a change in EEG activity related to stress and anxiety. There's
evidence that long-term isolation profoundly alters the brain chemistry,
and that longer stretches in solitary produce
psychopathologies—including panic attacks, depression, inability to
concentrate, memory loss, aggression self-mutilation, and various forms
of psychosis--at a considerably higher rate than other forms of
confinement. Yet we have prison systems that insist they are placing
prisoners in solitary so that they can "learn self-control," and many
cases where inmates are released directly from long-term isolation onto
the streets. Unsurprisingly, they have a notably higher recidivism rate
than other prisoners.
It's important to acknowledge, also, that a huge number of prisoners who
are placed in solitary suffer from underlying mental illness. After 40
years of cuts to funding for mental health care, prisons and jails in
general—and solitary confinement cells in particular--have become
America's new asylums. Prisoners are placed in solitary for being
disruptive, when what they are doing is simply exhibiting the untreated
symptoms of mental illness. One report by Human Rights Watch found that
in prison systems around the country, one-third to one-half of the
prisoners held in solitary were mentally ill. Other studies have found
that two-thirds of all prison suicides take place in solitary
confinement.
There has been less research done on the physical effects of solitary
confinement, but evidence from recent court cases suggests a
relationship to things like extreme insomnia, joint pain, hypertension
and even damage to the eyesight—which makes sense when you are talking
about not being able to walk or look more than ten feet in any direction
for years or decades on end. We will clearly see more evidence of health
damage as more and more prisoners grow old in long-term solitary
confinement.
A3N: The hunger strike at Pelican Bay will begin on July 1, and the
strikers have made five demands. Do you think these policies being
protested are violations of international human rights standards? Of
domestic US laws?
SW: First, we want to say what a remarkable document this is,
remembering that it was written by a group of men who are largely unable
to communicate with one another or with the outside world, and who have
limited access to research materials. It's a tribute to their
perseverance and dedication to their cause, as well as their courage.
Second, we should emphasize how measured and reasonable their set of
demands is. It draws heavily on the findings of the Commission on Safety
and Abuse in America's Prisons, which was a bipartisan, blue-ribbon
commission that studied U.S. prisons and jails. As one of its three
major findings on prison conditions, the Commission said that the
growing use of "high-security segregation" was counterproductive and
often cruel. The Pelican Bay hunger strikers have adopted the
recommendations of the Commission for reforming and limiting the use of
solitary confinement. Beyond this, they are simply asking for an end to
group punishment and guilt by association, which are used to confine
prisoners to the SHU indefinitely. And finally, they are asking for
decent, nutritious food. This is hardly a radical agenda.
There's no doubt that solitary confinement, as it's practiced in the
United States at Pelican Bay and elsewhere, stands in violation of
international human rights standards, including the UN Convention
Against Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment, and the UN's Basic Principles for the Treatment of
Prisoners. Recently, the European Court of Human Rights delayed the
extradition to the United States of several British terrorism suspects,
because of the possibility that they would be sentenced to life in a
supermax prison, which was deemed to violate the European Convention on
Human Rights (read more).
Unfortunately, U.S. courts have been more reluctant to take a stand
against solitary confinement. We are not Constitutional scholars or even
lawyers, but to us it would seem obvious that long-term solitary, at
least, violates Constitution's ban on cruel and unusual punishment.
However, the courts, with a few exceptions, have not found that to be
the case. The exceptions for the most part have to do with prisoners
with mental illness.
In a few cases, courts have found that holding prisoners in solitary
violates their Constitutional right to due process, since they can be
placed in isolation based on a system in which prison officials act as
prosecutors, judge, and jury. Prisoners have no real opportunity to
defend themselves, and no way to "earn" their way out of solitary
through good behavior. That's certainly the case at Pelican Bay, and
it's one of the things the hunger strikers are protesting.
At the moment there are two important cases pending in federal court,
which claim that long-term solitary violates the Constitution. One is
the case of the Angola 3, now in their 40th year of solitary in
Louisiana; the other is the case of Thomas Silverstein, who has spent 28
years in extreme solitary confinement in federal prison under a "no
human contact" order.
A3N: Looking beyond these specific demands, what are some other
characteristics of the Pelican Bay SHU?
SW: California is particularly bad when it comes to holding prisoners in
solitary confinement indefinitely based on highly questionable
determinations of gang status, which as we said are often based on a
system of snitching in return for various rewards. Otherwise,
conditions in Pelican Bay are similar to those in most supermax prisons
and SHUs.
These prisons have made a science out of isolation. The cells usually
measure between 60 and 80 square feet, and those cells are a prisoner's
entire world. They are fed through slots in the solid steel doors, and
if they communicate with prison staff, including mental health
practitioners, that also takes place through the feeding slot. If
they're lucky they get to exercise one hour a day, alone, in a fenced or
walled "dog run," and leave their cells a few times a week to take a
shower—in shackles, of course. In some cells the lights are on 24 hours
a day, and there's round-the-clock video surveillance.
Prisoners may or may not be permitted to have visits. They may or may
not be allowed reading and writing materials, art supplies, or other
things to help them pass the time, and they may or may not have
television, with close-circuit programming supplied by the prison. At
ADX, the federal supermax in Florence, Colorado, they have black and
white televisions that actually had to be specially retrofitted for the
Bureau of Prisons, reputedly because they didn't like the PR
implications of prisoners having color TV.
In fact there's a lot of concern about inmates being perceived as having
it "too easy"--so they often don't have air conditioning in summer or
enough heat in the winter, and the food is barely adequate. Some states
still use "the loaf"—made of a tasteless puree of foods—as punishment.
A3N: For over 40 years, Hugo Pinell has been in solitary confinement,
most recently at Pelican Bay. Considering the political context of
solitary confinement in Pinell's case, as well as that of the Angola 3,
what do you think this says about how prison authorities have used
solitary confinement as a political tool against prisoner activists and
organizers? Is the practice widespread?
SW: There's no doubt that solitary confinement is widely employed
against prisoners who are perceived as representing any kind of threat
to the absolute power and control of prison authorities. This is true
even if inmates are seeking to organize for positive change and even if
they are completely nonviolent.
In the case of Herman Wallace and Albert Woodfox, the two
still-imprisoned members of the Angola 3, and of Hugo Pinell at Pelican
Bay, we are talking about men who have had virtually clean disciplinary
records for several decades, and who are now in their sixties. The fact
that they continue to be held in solitary confinement clearly has
everything to do with their involvement as prison organizers.
We have the warden of Angola, Burl Cain, saying under oath in a
deposition that Wallace and Woodfox have to be kept in solitary because
they are still "trying to practice Black Pantherism," and if he let them
into the general population they would "organize the young new inmates"
and "have the blacks chasing after them." And we have a prisoner in
California being sent to the SHU simply for having reading materials
written by George Jackson and contact information for Hugo Pinell.
But you don't have to be associated with the Black Panthers, or indeed
any organized political group, to be punished for prison activism. In
Massachusetts, an inmate named Timothy Muise was sent to solitary after
he tried to expose a sex-for-snitching ring run by guards at his prison;
they said his offense was "engaging in or inciting a group demonstration
or hunger strike." A prison journalist in Maine named Deane Brown was
isolated and eventually shipped out of state for sending broadcasts
called "Live from the Hole" to a local radio station.
Solitary confinement is routinely used to punish prison whistleblowers,
and to suppress nonviolent dissent and free expression.
A3N: How well do you think both the mainstream and progressive media
have covered the issue of solitary confinement in prisons?
SW: Well, there has actually been some outstanding reporting on this
subject in the mainstream media. Of course there's dreadful stuff as
well, like the "Lockup" and "Lockdown" TV series. But as far as print
media goes, there are a few of cases where journalism helped spur
grassroots movements against solitary confinement. We are thinking, in
particular, of the investigations by George Pawlaczyk and Beth
Hundsdorfer on Tamms supermax in Illinois, by Lance Tapley on Maine
State Prison, and by Mary Beth Pfeiffer on suicides in New York's SHUs.
Atul Gawande's 2009 article in the New Yorker was excellent, as well.
In the progressive media, there's been some powerful reporting by
Anne-Marie Cusac in The Progressive, Jeanne Theoharis in The Nation,
and Glenn Greenwald at Salon. And of course, Mother Jones has been
extremely supportive of Jim's reporting on the Angola 3 case, and on the
broader issue of prison conditions as well.
The problem we have with media coverage is that there isn't nearly
enough of it. And it doesn't get anything close to the attention it
deserves or produce the kind of outrage it should, considering the fact
that this is one of the major domestic human rights issues of our day.
Our impression is that the media—including, to a lesser extent, the
progressive media—is simply reflecting how effectively prisoners have
been marginalized in our society.
A3N: Today, in the post-9/11 so-called "War on Terror" era, do you think
that the US public supports the use of torture against US prisoners?
SW: We do think that the public is tolerating the torture of
prisoners—some because they don't know about it, others because they
simply don't care. But we'd actually like to turn your question around,
because we believe that a tolerance for the torture of U.S. prisoners
helped to produce a tolerance for the torture of foreign terrorism
suspects, rather than vice versa. The "War on Crime" predates the "War
on Terror," and places like Pelican Bay and ADX Florence made it that
much easier for Guantanamo Bay and Abu Ghraib and Bagram to exist.
To discuss what produced this tolerance for torture in the first place,
we need to return to the point we made at the beginning of this
interview: Prisoners are today by far the most dehumanized members of
our society. This has been the case to some extent historically, but the
dehumanization has grown more intense since the advent of the War on
Crime, which dates back to the 1960s but really heated up in the 1980s
and 1990s. For at least the last 30 years, politicians from both parties
have been cynically exploiting public fears about crime to win
elections, and the prison population has grown by leaps and bounds with
tacit public approval.
Racism clearly plays a role in all of this: A highly disproportionate
number of prisoners are African American, and a majority of people today
accepts the mass incarceration and abuse of black prisoners just as a
majority once accepted racial segregation and before that slavery.
Again, it comes down to depriving a certain group of people of their
full humanity. Once you do that, it becomes a lot easier to deprive them
of their basic human rights, not to mention their civil rights.
A3N: Strategically speaking, how do you think supporters of human rights
can best use media-activism to challenge the powerful forces currently
trying to convince the US public that torture is good policy? What are
key points that we should be making?
SW: When it comes to solitary confinement, we probably need to emphasize
different key points with different audiences. For those people who
already have a firm opposition to all torture, we simply need to share
information about the nature and widespread use of solitary confinement,
and try to bring this issue out of the shadows and into the public
square. The American Friends Service Committee has shown real leadership
on this issue, and more recently the ACLU and the National Religious
Campaign Against Torture have been trying to draw attention to solitary
confinement, so that's a positive development. We need to encourage
people to see the torture of all U.S. prisoners as a human rights issue
just as pressing as the torture of Bradley Manning, or of the captives
at Guantanamo or Abu Ghraib—because torture is torture, and if you
believe this, it shouldn't matter whether or not the victim has
committed a crime.
For those who think that prisoners are criminals who deserve whatever
they get, we can still emphasize the fact that solitary confinement is
not only cruel, but also costly and counterproductive. It can cost two
to three times as much to keep a prisoner in a supermax, rather than in
the general prison population. And it simply doesn't "work," in that it
makes prisoners more likely to re-offend.
A3N: You have just released the first print edition of Solitary Watch.
What are your future plans for this? Anything else coming up that we
should be looking for?
SW: We launched the print edition, which includes just a small selection
of our stories, because we began receiving letters from prisoners nearly
every day, telling us about their own situations and asking for
information. Prisoners, of course, do not have Internet access, so we
needed to become more than just a web publication.
In addition, we're going to be publishing a series of fact sheets on
different aspects of solitary confinement; we've just posted the first
one, and there are many more to come. We just began shooting our first
video interviews with some survivors of solitary confinement. Along with
the writings we publish under "Voices from Solitary," we hope the videos
will help provide a forum for a group of people who actually know what
it's like to be buried alive.
--Angola 3 News is a project of the International Coalition to Free the
Angola 3. Our website is www.angola3news.com where we provide the latest
news about the Angola 3. We are also creating our own media projects,
which spotlight the issues central to the story of the Angola 3, like
racism, repression, prisons, human rights, solitary confinement as
torture, and more.