Under Lock & Key

On September 26, prisoners in Pelican Bay State Prison will resume their indefinite hunger strike after 2 months of hiatus, during which they negotiated with the state. The strike began on July 1, sweeping across California, and was put on hold by organizers on July 21, after 3 full weeks of fasting. Multiple prisoner negotiators from Pelican Bay have confirmed that Scott Kernan of the California Department of Corrections and Rehabilitation (CDCR) promised the 5 demands would be met, but that they needed 2 to 3 weeks to comply. That window of time has long since passed, and comrades are gearing up for what promises to be a longer stretch with no food.

In a statement from one strike leader announcing the September 26 restart, he stated:

I appreciate the time and love you all have given to us and you can believe that we will not yield until justice is achieved. We went into this trying to save lives, if possible, but we see now that there will have to be casualties on our side and we all know that power concedes to no one without demands.(1)

On August 23, state legislator Tom Ammiano headed a hearing on conditions in California's SHUs and on the validation process that gets people placed there. It echoed previous hearings that did not stop torture in the SHU. He promised he would push the issue further than it has gone in the past, but like the reforms given by the CDCR, this is too little too late as comrades who have faced decades in these torture cells take this struggle to the next level.

The Truth About the Negotiations

The strike didn't end over some beanies and calendars. Letters that came from the leaders after the message was sent that the strike ended were very clear that they were only giving the state time to meet their demands before they would restart the food strike. Those in D-Corridor and other SHU prisoners aren't done yet.

The initial story that came out of limited communications between the inside and outside negotiation teams was that the strike had ended, period, in return for beanies, calendars, proctored exams and a promise to investigate the major complaints of the strikers. The extreme limits put on the outside negotiation team, who were only granted access to the strikers on a couple brief occasions, allowed the state to control how the negotiations were portrayed. As a result, many across the state were let down by the misleading reports that first came out, because the strikers had pledged to strike until all 5 demands were met.

It has since come to light that Scott Kernan circulated a fake version of the five demands,(2) and that prisoners received notices that they had broken the rules by organizing against the abuse that they face and that they will face "progressive discipline" in the future for similar actions. The latter contradicts CDCR Spokeswoman Terry Thorton who stated on record, "There are no punitive measures for inmates refusing to eat."(3) In typical repressive fashion, the state responds to complaints of torture committed by state employees with outlawing any form of protest by the victims. It just goes to show that their efforts to maintain "security" have nothing to do with safety and everything to do with social control.

It's also important to note that the best public offer coming from the state right now is that they might move away from gang affiliation charges and focus on actual rule violations as justification for throwing someone into a torture chamber. Within U.$. prisons the First Amendment is generally ignored and any form of expression or organizing not sanctioned by the state is considered against the rules. But even this reform has been on the table for a long time with no action. According to the 2004 Castillo court decision, which took 8 years to litigate, the CDCR committed to providing logical justification that evidence used to put someone into SHU was criminal in nature. Yet nothing has changed, as the lead attorney on the case, Charles Carbone, asserted at the August 23 hearing.

As Carbone pointed out, with exasperation, we already went through the whole song and dance of having hearings around the SHU with Senator Gloria Romero and the United Front to Abolish the SHU years ago. Another testifier at this year's hearing made testimony in the 70s and 80s about the detrimental effects of isolation, but they still went on to build Pelican Bay State Prison. It is clear that the state sees the SHU as an important tool of social control and cares nothing for the destruction they cause to oppressed people.

Scott Kernan was very clear at the hearing that the CDCR would continue with the debriefing process, using confidential informants, and that they will not allow prisoners to appeal secret evidence used against them. He also said gang validations will likely continue to bring indeterminate SHU sentences. Kernan did not stick around for the public comments, and remaining CDCR staff were not given an opportunity to respond when a public commenter asked when the 5 demands would be put down in writing, after Kernan promised it would only take 2 to 3 weeks.

Lessons in Organizing

Through this process we are all learning how to organize in our conditions and what limits we face.

One of the successes of the California hunger strike was the demonstration of United Front to the masses, which inspired many to the possibilities of prison-based organizing. We do not know the details of how groups coordinated on the inside around the strike, but we do know that many groups would not be willing to sacrifice their independence to others, and yet they worked together. This example should be followed by those on the outside. We need to recognize the strength that comes in uniting all who can be united at any given time on the most pressing issues that we face. Coalition organizing strategies have held back support by not allowing a diversity of voices to come out in unity in support of the hunger strike.

Having outside pressure during a food strike is crucial to ensuring that the state just does not let prisoners die, as they are more than willing to do if there isn't too much noise about it. Outside organizations also played an important role in spreading word about the hunger strike that was initiated by some of the most isolated people in the whole state. But, ultimately, the state controls our communication with prisoners. Despite all the work put in by the coalition to develop an outside negotiation team, the only role the state allowed them to play was to announce when the strike had ended and ensure that everyone knew to stop. The state realized that a memo from the CDCR was not going to be convincing. Other than this, the negotiation team was not allowed any access to the prisoner negotiators.

In ULK 21, we made it sound like the strike was over for beanies, calendars and proctors and some empty promises of change. This was the information coming from the outside negotiating team and the best information anyone seemed to have. Frustration with the outcome immediately started coming in and we fear that disillusionment may have followed. But this is what the SHU is designed for. This is why SHU inmates can't call people on the outside. This is why the press is not allowed in California prisons. Misinformation would be much harder to spread otherwise. So overcoming these barriers is part of what we need to learn here.

We need to learn to build protracted and sustainable battles. There are no quick fixes, and prisoners can't rely on the mainstream press or outside organizations to come in and rescue them. Recently, Pelican Bay censored MIM(Prisons)'s study pack on organizational structure. They recognize the importance of such information for prisoners to really get organized and exert their rights. As much as they want to label us a "security threat group" for doing it, MIM(Prisons) continues to struggle for our right to support prison-based organizing. For it is the prisoners who have the drive and determination to make the changes that need to be made to end this oppressive system.

And so we begin a trickle of improvements here in SHU. A couple of weeks ago we received a memorandum stating we can now purchase sweatshirts, sweatpants and shorts starting immediately. Also prisoners go to committee every six months and so on our next committee if we have gone one year without a writeup we can be approved to purchase colored pens, pastels, art paper and be able to take one photo a year. They have also placed a few different items on the canteen list.

These changes may seem trivial, and in a way they are, but I also see the impact they will have on prisoners mentally. I for one am an artist and I sit here thinking of the art I can create, the revolutionary art I can do with colored pens. I also understand what a photo will mean to my loved ones, yet all of this stuff is really superficial.

The demand with the most meat is that of dismantling the debriefing process, which, according to CDCR officials, is still being "looked at." Even if the other four demands are granted, it is not enough, as we would not be asking for art paper and beanies, had it not been for the Gestapo-like policy of debriefing. If the debriefing process were not in existence the majority of prisoners would not be validated as gang members and associates and the SHU would not exist as we currently know it!

The world has seen the unmasked villain and so the state of California got a nudge to make this 'problem' disappear. They look for what they can do to appease the public and the world, pacifying the prison population, while at the same time maintaining the stranglehold on the imprisoned oppressed nations and keeping the revolutionary prisoners sealed off and isolated from the prison masses out in general populations of other prisons. This is seen in their granting of other demands and not touching their sacred cow - the debriefing process.

I don't see prisoners (especially those in SHU) accepting to spend life in SHU with the debriefing process as it is even if the state gives us photos. Many prisoners do not even have any money on our books to buy sweats or pastels! Most don't have anybody to even send a photo to so what good is it to the indigent prisoner? This decision to grant some demands is devious in its agenda. To properly analyze this "development" we need to look at who this will benefit?

There are in prisons the haves and the have nots, we all know both segments. In prison parasitism is magnified a hundred times. There are conscious or more progressive prisoners who look out for the less fortunate prisoner no matter who it is, and there are others who will only talk to those who have things. The state officials understand this and have employed a means of divide and conquer. On the one hand you have prisoners who will benefit from these crumbs and will be satisfied with the crumbs, and then you have the have nots who see no improvement along with the conscious prisoner who understands that conditions of the SHU, i.e. no photos, no color pens, art supplies, etc, are "symptoms" of the problem but the main problem lies in the SHU itself! Because once you take the SHU out of the picture, or even the debriefing process, all the 'symptoms' such as lack of beanies and sunlight go away. The state understands this and after we gained world attention they gave in and gave us these crumbs but did not give in to the most important demand around the debriefing process.

This effort laid a foundation and opened up contacts for many prisoners and showed the power that comes from such resistance. The footprint has been set and so I'm sure that path will not be forgotten, time will tell if all the demands are met or not.

Real change will not come so long as the imperialists continue their rule. Only when socialism reaches these shores will we see SHU conditions abolished. We can protest today for these abuses and tomorrow new repressive shoots will sprout up and we will be protesting those and on and on. Yet these battles are essential as learning experience and uplifting the political consciousness of prisoners, as well as to develop a current of mutual respect and support between prisoners and activists out in public society, while bringing an even stronger United Front for future efforts. To many so-called activists, prisoners are the last people on their mind, and sadly some don't care what happens to prisoners or care that prisoners are tortured by Amerika. Yet when prisoners begin to struggle and show their humynity it brings many to the prisoners' plight who have previously stood on the sidelines when it came to prisoners' struggles. So as of now the most important of the strike demands, the dismantling of the debriefing process, is still up in the air. So prisoners learn from past efforts while grappling about the future, as we have no choice but to keep struggling against this torture.

We can learn of how for the first time in hystory Marx & Engels, thru diligent study of the past and scientific analysis of their hystorical conditions, were able to synthesize socialism into a science, thereby pointing the road forward to emancipation for the proletariat.

We can read of how V.I. Lenin not only defined the decadent and final stage of monopoly capitalism (imperialism), but We can study how he illuminated and laid bare the strategy and tactics of the proletariat, ushering into existence the first socialist state.

We can sort thru all the lies and distortions of the bourgeoisie that have been successfully hurled at the persyn who was the one-time leader of the international communist movement for 30 crucial years; main anti-fascist military strategist of WWII; and leader of that socialist powerhouse, the USSR 1922-53. I am talking about J. Stalin.

We can even learn about the third and final stage of Marxism thus far: Mao Zedong Thought. We can read and draw lessons from how he led one fourth of the world's population to victory over foreign imperialism and domestic feudalism and capitalism by way of national liberation vis-a-vis protracted peoples' war. We can read of the most radical and progressive revolution the world has ever seen, without which socialism will not survive and communism cannot be attained: the Great Proletarian Cultural Revolution.

Long Live the Maoist Internationalist Ministry of Prisons!

MIM(Prisons) adds: With a little more time and money from our supporters, MIM(Prisons) can expand this important work of spreading revolutionary literature to the prisoner movement. We have revolutionary books, magazines and newspapers that will be sent into prisoners' hands much faster if we have more donations to cover the costs of shipping. The easiest way our supporters can contribute time to our educational work right now is to be a volunteer typist. All you need is access to a computer with an internet connection and you can work with the prisoner study groups and research projects that we support.

Enclosed you should find Under Lock & Key number 14. I am returning it to you because prison staff disallowed it's delivery to me and confiscated it stating 1)"contains information about performing work stoppages" and 2) "photos of dead klan members (cartoons)."

Apparently the issue was confiscated in May/June 2010 while I was housed at the Pendleton Correctional Facility (PCF). I was not notified of the confiscation until July 12, 2011. I was transferred from PCF in November 2010 to the Wabash Valley Correctional Facility (WVCF). PCF staff forwarded the confiscated mail (almost a year after receipt) to WVCF staff. WVCF staff notified me of the confiscation.

I have attempted to challenge this confiscation via the offender grievance process. However, WVCF case manager Marty Hale refuses to provide me with a grievance form. On August 9 he responded to my request by becoming irate and yelling at me, "fuck your grievance... every time an issue comes up you want to file a grievance, fuck you... you're just a sniveling complaining bitch", "you bitch", and "stick a grievance up your ass." To date I am still being denied a grievance form.

MIM(Prisons) adds: Prisons in Indiana are blatantly violating what few rights they tell us prisoners have, both with their illegal censorship and failure to notify both MIM(Prisons) and the prisoner of this censorship, and by denying this comrade the ability to file a grievance. By documenting such abusive denials to grieve we can continue to expose their sacred grievance system for what it really is, a sham. Even if the public buys it, all prisoners need to understand what it means to file a grievance and what it takes to change conditions in prison.

This is the inspiration behind the current campaign to Demand Our Grievances Be Addressed, currently active in California, Arizona, Missouri, Oklahoma, and Texas. Write to us for a copy for your state, or if one does not yet exist, help create one by researching the citations and policies specific to your state and we will type it up and get it circulated.

"What you and I need to do is learn to forget our differences... We have a common oppressor, a common exploiter, and a common discriminator... Once we all realize that we have a common enemy, then we unite on the basis of what we have in common." - Malcolm X

It is a historical truth that repression breeds resistance, which is why we prisoners at Pelican Bay State Prison's (PBSP) Security Housing Units (SHUs) and Communications Management Units (CMUs) took the initiative to come together, and go on a hunger strike in order to say to our oppressors that "20-plus years of state-sponsored torture and persecution in which our human rights have been routinely violated, for no other reason than to keep us prisoners confined in their mad scientist-like torture chambers as alleged prison gang members is enough!!!"

But as we all know, repression evolves and develops in cycles. So on 2 August 2011 PBSP and California Department of Corrections and Rehabilitation (CDCR) officials threatened all hunger strike participants with punitive retaliatory measures, for the sole act of our hunger strike participation. This happened in spite of the fact that we have a human right to peacefully protest any unjust laws, as warranted to us in the First Amendment of the U.$. Constitution. An unjust law is no law at all! The unjust laws in this case are the ones legalizing the indefinite housing of us prisoners in solitary confinement (SHU/CMU).

We prisoners were issued the following CDC 128-B Chrono that states:

The California Code of Regulations, Title 15, identifies that leading and/or participating in a strike, disturbance, or work stoppage is a violation of the Director's rules. On or about July 1, 2011 you were identified as having participated in a statewide hunger strike event along with in excess of 6000 other CDCR inmates in support of perceived overly harsh SHU housing issues originating from within the Security Housing Unit at Pelican Bay State Prison. This activity created a non-violent significant disruption to institutional healthcare services and Department of Corrections programming and operations throughout the state, which included Pelican Bay State Prison, where you were assigned during your participation in this event. Your behavior and actions were out of compliance with the Director's rules, and this documentation is intended to record your actions; and advise that progressive discipline will be taken in the future for any reoccurrence of this type of behavior. Date: 08/02/11. From: K. Welch, Correctional Officer.

However, this CDC 128-B Chrono is contradicted by an article that appeared in The Daily Triplicate newspaper during the month of June 2011, that was entitled "Pelican Bay Hunger Strike in the Offing. Some Inmates May Stop Eating Friday" by Anthony Skeens. Within the article, CDCR Spokeswoman Terry Thorton stated, "There are no punitive measures for inmates refusing to eat."(1) The struggle continues!

To update you on the hunger strike issue, the progress of negotiations are not complete as far as what we hope in regards to the prisoncrats demonstrating a sense of humanity. The struggle is never about seeking more than necessary. It's bad enough as it is that, for the most part, prisoners in the short corridor are already doing life sentences handed down by the courts. The opportunity to change this depressive life style will afford us the means and the will to reach out to the prison populace and help channel backwards thinking into more progressive and firm social-consciousness and to establish MIM study groups with the sole intent of elevating the level of consciousness.

The California prison system in many ways is behind the times in relation to other prison systems in this country. Being concerned about the materialistic aspects of life, subordinated to sub-survival rather than political consciousness. The coming together of the most oppressed, repressed and suppressed klass of prisoners has established a progressive precedent in hopes of changing the dynamics of the prison klass and all its ills. This is the real fear of the prisoncrats: social and political conscious! We cannot afford complacency, militants wither away like the wind. The struggle is a long haul and having the equipment is about fortitude.

The SHU is specifically assigned to minimize our effectiveness in reaching the bulk of the prison klass, no one should fear genuine and proper education, like Malcolm said: "it's the passport to the future."

MIM(Prisons) responds: We agree with this comrade that the Pelican Bay Food Strike was a good step forward in establishing unity in struggle for the common goal of raising conditions of prisoners. We need to take advantage of this opening and stand firm in demands for change. The other vital piece to advancing unity among the oppressed imprisoned population is through ongoing education and political struggle. For it is through struggle and study that greater unity is reached. We need to be honest about where we agree and where we disagree, while focusing on how we can work together when we agree on important things. Then future actions will be even stronger and inspire the masses even more through unity in action. These are the two aspects of developing point 2 of the United Front for Peace in Prisons Statement of Principles.

Tres semanas dentro de la huelga, CDCR ha dado su repuesta oficial lo que se puede resumir, "La vamos a investigar." El 15 de Julio CDCR les hace una propuesta a los huelguistas de Pelican Bay que termine la huelga sin prometer cambios. Los presos rechazaron la oferta y continuaron con el hambre, que calificaron de "humo y espejos" y de "insultar". (1) Estas personas están dispuestos a morir por los derechos fundamentales que ha sido negado durante años, décadas, para muchos, y CDCR llega a la mesa con nada

Nuestras preguntas han recibido las mismas repuesta del Director sobre, "Operando en acuerdo completo de la ley . . . mientras proveyendo por el tratamiento humano y ético de todos los prisioneros." Aun más indignante, el Director afirma que CDCR proveen, "la capacidad de hacer programas con todo seguridad y participar en su rehabilitación." ¡La huelga está ocurriendo porque no hay programas ni rehabilitación!

Los que están en contacto con los huelguistas nos informan que algunos en Pelican Bay quien habían dejado el ayuno han regresado a la huelga en repuesta a la negligencia de CDCR. También hemos recibido palabra de 4 camaradas que están en el Instituto para Hombres de California en Chino que ellos acaban de comenzar una huelga de hambre en solidaridad después de recibir noticias desde MIM(Prisons).

Otros reportes recibidos recientemente incluyen uno en lo que United Struggle from Within organizó camaradas en Kern Valley State Prison por una huelga de hambre de 24 horas en solidaridad. En High Desert State Prison, donde los marranos servían doble porciones de comida para impedir una huelga, unos cuantos camaradas rehusaron la comida desde el primer de julio hasta el tercero. Secciones enteros de California State Prison - Corcoran todavía están de huelga y los médicos están viniendo regularmente para pesar los prisioneros.

notas:
1. California Prison Focus

I am currently at Kern Valley State Prison (KVSP) and I was involved in the recent hunger strike. We stayed on strike until July 5th, not just the 24 hour strike that your article stated we did at KVSP. It would have gone on longer until ISU and IGI started pulling out certain individuals and demanded we get off the hunger strike! As you know, validations are very easy to come by nowadays. So the hunger strike ended.

I got your letter about the food strike. I did my best to hang in there, I gave it 2 weeks and I had to eat. Sorry, I could not last any longer. So what is the outcome of the food strike? Did they accomplish their goal? Can you please let me know what's going on right now? I am validated and I got 6 years clean and they won't let me out of the SHU either.

MIM(Prisons) responds: We are doing our best to keep our comrades behind bars updated on the food strike, which ended at Pelican Bay on July 21, at least temporarily. The latest issue of Under Lock & Key just went out with this update. The original goals of the strike were not won, but the administrators promised a major review of policies and the latest report from others in touch with strike leaders say that the CDCR has a few weeks to complete their review before the strike begins again.

One thing is for sure, if we don't keep up the pressure and hold them to not only review but actual policy change, the conditions of abuse and torture in prisons across California will remain the same. In addition, hunger strikers are likely to face reprisals as punishment for their protest if we don't continue to increase support inside and outside California prisons.

The recent mass hunger strike got the prisoncrats' attention even though the prisoncrats seek to downplay or minimize the success of the strike by spoon feeding the media. In particular, their Sacramento Bee spin doctor stooge accepts the official representations which contain very few facts mixed with the typical misleading, provocative and confusing innuendo so as to perpetuate their coined myths.

The public is gullible and must be constantly educated to see through muddy water. Such has been the case for years because of the assumption that government officials and law enforcement allegedly have their safety, security and best interests at the forefront when it's really all about the money or budget. The CDCR purveys to the public that the most dangerous and supposedly most hardened prison gang leaders called for the hunger strike even though they also claim that the modus operandi of gangs are violence and intimidation which is totally contrary to the utilization of a passive non-violent form of protest which requires self restraint and determination.

The secretary, Matthew Cate, stated in a CDCR prepared statement that "hunger strikes are dangerous and ineffective as a means for prisoners to attempt to negotiate." Yet, the administrative appeal process is also dangerous and ineffective as each level rubber stamps the arbitrary decision of the prior level. Even when the decision was obviously in error and a threat to prisoner health and safety, they refuse to accept responsibility and accountability.

What the secretary has not said is that the hunger strike by masses of prisoners have in fact overwhelmed the prison medical department with additional medical expense to an already overburdened prison healthcare system. The strikers pose a more significant problem for the prisoncrats' budget than the shooting and gassing of violent prisoners in prison uprisings or even non-violent prisoners who are also shot, gassed/sprayed and beat with zeal as prisoncrats claim they were a threat to institutional security [see grievance campaign].

Prisoncrats, as any conscious prisoner should know, could not care less about the health of prisoners. They do care about the expense of providing constitutional mandated medical care. Therefore we should question the prisoncrats' claim to have had plans since January to review and change some policies, which were only revealed to us after weeks of food strikes.

Prisoncrats tend to take full advantage of the divide and conquer concept and are at their best when they are able to pit the lumpen divisions against each other for amusement or distraction which is why one should be suspicious of any claim by the prisoncrats to want to eliminate what they have for years encouraged and perpetuated in the penal system to justify the excessive prison budget.

The mass hunger strike may have only lasted 20 days, but it was like a shot across the bow of the CDCR's battleship by an enemy they can not justifiably target with all their massive violent resources and infrastructure. Yes the mass hunger strike got the prisoncrats' attention and their immediate response was to again expand the censorship of information prisoners receive so as to keep us unaware of what's going on. However, it also got their budgetary attention via their healthcare pocketbook.

The hunger strike also got the attention of the CCPOA which realizes that such strikes benefit the SEIU who are gaining more clout in the prison system and custody staff have effectively been rendered impotent as they do not have a real or effective contingency for dealing with non-violent forms of protest that they can not counteract or employ violence to suppress and to that extent the mass hunger strike was a success.

MIM(Prisons) responds:
Many are writing in disappointed with the outcome of the California hunger strike so far. But as this comrade points out, the strategy of the hunger strikers was effective in a number of ways. And as the CDCR is given a "brief grace period," as one of the strike initiators called it, we are regrouping. There are many who just found out about the strike as it was happening. If the CDCR continues to drag its feet on making any real changes, as we all expect they will, we should see an even stronger and more widespread response from prisoners across California and beyond. Of course, CDCR is regrouping as well, and we must guard against efforts to trick prisoners into thinking they do not share the same conditions and the same enemies.