Under Lock and Key RAIL
RAIL Radio Program
Dec. 4, 1998
Amnesty International Takes on U.$. Prisons
A letter from a New York Prisoner says the real criminal is
Amerika
Welcome to Under Lock and Key, news and commentary about
prisons from the Revolutionary Anti-Imperialist League. The
U.$. incarcerates a greater percentage of its population
than any other country. The rate for imprisonment of Blacks
is 4 times that of apartheid South Africa, and the U.$.
sends more Black men to prison than college. The purpose of
this program is to educate about, and inspire activism
against, the Amerikan lockdown.
Amnesty International Takes on U.$. Prisons
In early October, Amnesty International initiated its
campaign entitled "Rights for All." This campaign focuses on
human rights violations by the United snakes internationally
and domestically. The campaign is to run from October 1998
to May 1999. "Rights for All" is campaigning for:
"an end to police brutality;
an end to torture and abuse of prisoners;
the protection of asylum-seekers;
the abolition of the death penalty;
ratification of human rights treaties;
and a code of conduct for arms sales."
At the beginning of the campaign, Amnesty released a 150-
page report documenting human rights violations in the U.$.
by "police departments, prison systems, detention
facilities, the Immigration and Naturalization Service (INS)
and other institutions."
RAIL welcomes this mainstream exposure to the daily
atrocities committed by and backed by the United Snakes of
Imperialism. Details provided in the reports adds to the
work that RAIL and prisoners have done to expose the nature
of the U.$. INjustice system as a system of social control
and national oppression. We invite Amnesty chapters and
supporters to struggle with and work with us. There are many
projects which we can collaborate on based on our mutual
goal to expose and oppose U.$.-imposed oppression.
In this feature, we focus on the aspect of Amnesty's report
dealing with the Amerikkkan prison system. We credit Amnesty
for conducting investigation and exposing some of the
conditions in Amerikan prisons. In the past, we have used
information that Amnesty provides and have credited it when
Amnesty has been correct in exposing imperialist-country
atrocities.
The Amnesty International report's chapter on prison says:
"Every day in prisons and jails across the USA, the human
rights of prisoners are violated. In many facilities,
violence is endemic." Further, Amnesty adds, although "many
of these practices violate US laws as well as international
human rights standards," in current prison system "serious
violations can occur and continue without being effectively
challenged."
The report documents many cases of brutality by prison
officials, including:
administrators supervising beatings of prisoners,
"gladiator" fights arranged by guards,
false reports filed to cover up guard atrocities,
racist attacks and false disciplinary charges lodged against
Black prisoners,
600 prisoners handcuffed outdoors for 96 hours,
wimmin prisoners raped and sold by guards for sex (which is
torture according to international law),
the use of restraints deliberately imposed as punishment,
chains and leg-irons (illegal under international law),
prisoners who died from blood clots from prolonged
immobilization,
prisoners tortured while strapped in restraint chairs,
prisoners with tape wrapped round their mouths and football
helmets placed backwards on their heads,
hogtying,
pregnant wimmin forced to give birth in shackles,
the use of dangerous amounts of tear-gas as retaliation for
nonviolent protests,
prisoners maced and racially taunted while already in
handcuffs,
lethal use of pepper spray,
the use of electric stun guns to shocks prisoners already
restrained,
and the use of dangerous remote control electro-shock stun
belts.
One useful element of the report is Amnesty's documentation
of where U.$. practices violate international laws. These
are largely hollow in the case of the Amerikan government,
which generally ignores them, but pointing out these
violations helps expose Amerikan hypocrisy in its treatment
of prisoners. For example, transferring prisoners thousands
of miles from their communities, which RAIL and others have
protested in recent years, violates the Standard Minimum
Rules for the Treatment of Prisoners in international law.
These international rules are pretty much used as toilet
paper by Amerikan prisons. Imagine what prisons would be
like if they followed all this: "Under the ... Convention
against Torture, the US government is obliged to ensure that
people are not subjected to torture (including rape) or to
cruel, inhuman or degrading treatment, and that people
deprived of their liberty are treated with humanity and with
respect for the dignity of the human person."
The U.$. government ratified this Convention in 1994.
However, said it would interpret the rules to apply the same
way the "cruel and unusual punishment" clause of the U.$.
Constitution is used. In other words, the Convention against
Torture is to be heeded by Amerika rarely if at all.
Listening to any edition of this Under Lock & Key program
exposes the lie of these so-called rights in Amerikan gulags
today.
---
Part of Amnesty's focus is on how prison guards should do
more to prevent violence between prisoners. For example,
"Overcrowded correctional facilities lack the space and
staff to protect vulnerable inmates from predatory ones. As
a result, physical and sexual violence and extortion are
rife in many prisons and jails," examples of which they
provide in some detail.
In the real world of politics such demands turn public
opinion against prisoners, lead to increased prison funding
and a bigger prison system, and divert attention from the
central issue, which is the national, gender and class
oppression of the injustice system. These are not the
concerns of Amnesty International, however.
RAIL agrees that the injustice system should be held
responsible for crimes against the people committed in
prisons. And we know that the conditions of prisons and the
machinations of the prison officials cause immeasurable harm
to prisoners. However, we don't want to put our political
energy into demanding that prison guards do more to stop
these crimes. And progressives must make clear that
additional guards will not decrease violence within prisons.
The guards themselves are the primary perpetrators of crimes
in prisons and we do not trust these pigs to end violence.
In many cases reported to RAIL, even prisoner on prisoner
violence is instigated by the guards like some sick human
version of a cock fight.
The crimes which prisoners commit within prison represent
consequences of the root injustice of the system. The
pitfall of single issue politics in this situation is
revealed when Amnesty's solution does not take into
consideration the social causes of violence amongst
prisoners. Setting aside pig violence -- prisoners fighting
themselves or even being self-destructive through the use of
drugs, stems from social inequalities and massive repression
and denial of a meaningful existence prisoners face.
Under the leadership of the Communist Party of China up to
1976, the Chinese people developed prisons which helped
prisoners to rebuild their lives as productive members of
society. The Chinese prisoners were assisted in genuine
rehabilitation with the result of prisoners having more
respect for themselves, other individuals and for society in
general. This is one of the many reasons RAIL addresses
problems like violence within prisons from a revolutionary
analysis. Piecemeal approaches will not solve the problems
of either crime or prison torture.
--
The Amnesty International report on the injustice in U.$.
prisons also criticizes supermaximum securityÑor supermax--
prisons. As of 1997, there were at least 57 supermax prisons
in use by 36 states and the federal government. More than
13,000 prisoners are currently in these high-tech dungeons,
and many more facilities are currently under construction.
Supermax prisons have already been condemned by Amnesty as
well as the UN Human Rights Committee.
Supermax violations of international law include:
cells smaller than 80 square feet,
no windows and little or no access to natural light or fresh
air
and insufficient exercise.
Further, "In Westville, Indiana, prisoners were not allowed
to wear watches or ask the time until a hunger-strike and a
lawsuit led to some court-imposed changes." U.$. courts have
forced some changes, but generally permit supermax
administrators to have their way in the name of "legitimate
security needs."
According to Amnesty, QUOTE "the process of review is
discretionary, or the criteria for moving out of the units
are vague or difficult to meet. Some prisoners may spend
years in supermax units." In particular, "Prisoners may be
assigned for long periods ... for relatively minor
disciplinary infractions, such as insolence towards staff
... Others have reportedly been moved to supermax units
because of overcrowding or because they have complained
about prison conditions." In Valley State Prison,
California, for example, wimmin were "assigned, or
threatened with assignment, to the supermax unit if they
complained about sexual abuse by guards." Finally, "some
prisoners have reportedly been put in supermax units because
of their political affiliations."
Listeners will be interested to know that QUOTE
"International standards clearly specify that medical care
and treatment shall be provided whenever necessary, free of
charge." Not only is medical care inadequate, but it is
often not free.
--
The report goes on to list many reforms that would reduce
specific abuses, such as banning stun guns, limiting time in
supermax conditions, and so on. It is useful to have groups
such as Amnesty agitate for these reforms. RAIL has led or
joined some struggles to improve prison conditions. However,
the Revolutionary Anti-Imperialist League takes it as our
main task, to build public opinion against the injustice
system as a whole, and to build a movement to overthrow the
system that imposes these draconian conditions.
We have long criticized Amnesty International for its focus
on the oppression committed by Third World governments
without assigning blame to the imperialists in the
background whose power and influence are often at the root
of "local" acts of oppression.
We have also criticized Amnesty for its whole approach to
"human rights" and supposed "apolitical" stand, as if rights
could be divorced from power and politics in a world
dominated by imperialism and patriarchy. Amnesty generally
uses a bourgeois theory of 'human rights.' We argue that
there are no inherent rights, there are power struggles.
This means we recognize the reality that those in power are
the ones who determine what is and what is not a right. The
ability to be treated in a certain way, or for the
bourgeoisie to hold its property or any other 'right' is
only supported by the ability to actually gain and defend
it. Conceiving of justice in terms of rights allows the
bourgeoisie to determine what is and is not a right and for
which groups of people. Capitalism forcing whole villages to
starve or denying health care to Blacks in the U.S. is
typically not thought of as a human rights violation.
That disagreement with the overall approach is unchanged.
But we have also blamed Amnesty for a tendency to ignore or
tone down criticism of the First World -- and especially the
local First World -- country. Within the United Snakes,
Amnesty will sometimes focus timid pressure in some death
penalty cases. People can most effectively organize in their
own territory, but Amnesty chooses to ignore the torture in
police stations and prisons right around the corner. Even
from within the reformist perspective, the people who need
to shut down the Control Units at Marion prison--cited as
torture by Amnesty -- live within the United Snakes. For
local issues not to be an integral organizing strategy is a
mistake. And here Amnesty has improved their record in our
eyes.
Yet even now, as the mainstream media generally ignores the
Amnesty report after a brief mention, the problem with
Amnesty's piecemeal approach is apparent. The next time the
pig media do a report on atrocities in a Third World
government the U.$. is hostile toward, and it's splashed all
over the news, we hope someone from Amnesty will stand up.
Amnesty will need to expose the imperialist power structure
and history behind the offending government, and compare the
atrocities to the crimes of imperialism. These crimes
include not just wars and interventions, but also
starvation, disease, and environmental devastation.
In short, Amnesty criticizes a series of misbehaviors by
governments, but not the systems that drive them. This
leaves their work open for use by the many people who use
"human rights" as a club to impose Amerikan hegemony on the
rest of the world.
But Amnesty has also taken a big step forward with the
organizing of local U.$. chapters to oppose torture and
injustice in their own country. The current Amnesty
International campaign to focus on the abuses of the U.$.
prisons is a great contribution to the movement for justice
in North America.
--
A letter from a New York Prisoner says the real criminal is
Amerika
Let us start with the fact that if the same laws enforced
by the U.S. empire upon its population were applied to the
state, we would find them *currently* guilty of
1st degree robbery,
1st degree murder,
extortion,
1st degree of unlawful imprisonment,
1st degree assault with deadly weapons,
possession and sale of controlled substances,
kidnapping....
The list goes on but you get the picture, the U.S. empire
is, according to their own law, an illegal government in
direct violation of the RICO Act.
Law is the political, economic and social domination of
one class or nation over another class or nation. The ÒlawÓ
is manifested and exercised through state institutions such
as courts, local police, alphabet police
(FBI, CIA, IRS, BATF, DEA, INS)
and backed by political branches such as the legislative,
judicial and executive. These institutions enforce the
ruling class or nationÕs will by violence in order to
fortify their domination and market. So lets remember that
society is whipped in line by violence and the constant
threat of violence.
Crime is a term used to describe actions that defeat the
ruling class or nationÕs power. Essentially, the labeling of
murder, extortion, robbery and other acts as crime has
nothing to do with the act per se, if this were the case all
of Amerika would be ÒcriminalsÓ acting in concert, for we
have and continue to benefit from the 1st degree armed
robbery, 1st degree murder, extortions, kidnapping and
holding hostage entire nations that the U.S. empire commits
on a daily basis. If I violate humanity via murder robbery
etc. in the name of the ruling power and I do a good job at
it then I will be showered with praise and medals, but if I
do it in contrast to their power then I will be showered
with punishment, imprisonment, and humiliation. So we can
see that the act per se is not criminal but who and what the
act is against makes it a crime....
When a person is punished by the state with imprisonment
for defying the economic repression, political domination
and social control of those in power, that person is in all
sense of the word a political prisoner. Just because a
person/people is not consciously aware that they are in fact
oppressed does not mean they arenÕt oppressed and just
because a people are not consciously aware that they are
political prisoners does not mean that they arenÕt political
prisoners.
No matter if you do or donÕt commit [so-called] ÒcrimeÓ
if you are a member of the nationally oppressed the pressure
by the state will remain on you. Just so you can realize
that the violence places demands on you no matter what. We
walk with prisons hovering above our heads. The state seems
gigantic to us, Ôcause we sitting on our asses.
Let us rise.
That was a letter from a New York Prisoner.
--
This has been Under Lock and Key, a weekly Revolutionary
Anti-Imperialist League program about prisons. For more
information, contact: RAIL PO Box 712 Amherst MA 01004, or
email mim@mim.org.
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