Monday, May 17, 2010

The Anti-Supermax Extended

With the new organization joined the battle, the country's anti-open a new front end movement in the struggle to ban or restrict the use of solitary confinement.

In the past, the reform depends largely on the federal lawsuit, and the success of decentralization in order to challenge the United States isolated, isolation of a large network of abuse of prisoners accused of super-maximum security prison. In their view, prisoners are confined to these facilities unconstitutional cruel punishment, or deprived of due process, in them.

But now the reformers is to ask the state legislature to ban or limit the solitary confinement, that meet the international definition of torture. Some people have questioned the moral end of doctors and psychologists - and those "peer review their work," the professional institutions.

The new 4-year-old battle is the National Religious Campaign Against Torture ( NRCAT ) and 24-year-old Physicians for Human Rights ( PHR ). In recent years, has condemned the abuse of prisoners to play overseas locations in the main role of the federal government.

NRCAT, more than 280 nationwide to reduce the controversial Guantanamo and Abu Ghraib political teeth religious alliance, announced earlier this year, the drive to end solitary confinement in U.S. prisons. Cited studies that will increase the period of forced isolation, or even result in the end of mental illness among prisoners, NRCAT expressed the hope in the fight against torture at home and abroad is the same.

A new alliance

With the American Civil Liberties Union (ACLU), which has a state prosecution in this matter of history, NRCAT is trying to get national legislation to require corrections department to reconsider its reliance on solitary confinement. Over the years, the American Civil Liberties Union has been part of a loose coalition, including Human Rights Watch and the American Friends Service Committee - - the conditions of attacks on end.

American Civil Liberties Association and the NRCAT first battlefield is Maine, and believe in their subsidiaries in the Legislative Council on April 6 this year, other groups of ordering solitary confinement.

"We have a ready-made constituencies nationwide, said:" Richard Kilmer, NRCAT's executive director, and add that the domestic prison, "the fact that the same torture" at Abu Ghraib and Guantanamo exposure.

Cent, of which punishment of doctors and psychologists who help the CIA overseas calls, a contact in the early stages - "determine how we can best use our unique voice of health professionals," said Nathaniel Raymond German director of group's anti-torture effort.

Raymond indicated that the domestic prison health professionals also may violate medical ethics - or condone torture to find other ways - and suffered long-term solitary confinement of prisoners. Outside an abusive practice of human rights groups criticized the detention center is a long solitary confinement.

Echo Kilmer, Raymond said: "Our challenge is to ensure that we consistently and ending torture in the face of a place to use it."

Members of the alliance that it is strengthening its campaign - not only because of Abu Ghraib and Guantanamo increase the sensitivity of the issue of torture, but also because supermaxes, often to a "special housing" or "isolation name to" become a major factor in country's penal system.

Supermaxes contains at least 25,000 state prisoners, according to researcher Daniel Mills in Florida. The Bureau of Prisons, said to CNN, the federal system, 11,000 of the "special unit of prisoners." Many thousands of people in the county jail in solitary confinement.

24-hour separation

Invincible prisoners are usually kept 24 hours in a tiny cell one day, only an hour of leisure in solitary confinement in a cage several times a week. Through the back door to provide a solid groove meals. In many supermaxes, cell lights day and night, radio and television is not allowed. Typically, prisoners face of this and a few months or even years.

In theory, supermaxes been identified as the prison or prison within the prison as a separate house, "the worst of the worst," the most violent prisoners. However, their merciless conditions, has become the prison inmates who break the rules, standards of punishment and solitary confinement of prisoners that is often used to force prisoners "rat each other."

Prisoners with mental illness are often reduced to them because they very difficult to follow the rules. Some studies suggest that the end of mental illness among prisoners, prevalence is 50% or more.

However, has been "a lack of professional or academic concern about the unique ethics of doctors and other health care professionals dilemma, the prison inmate mental isolation," write the country's most prominent education psychiatrist, Jiefulimei Eisner, A recent article in "solitary confinement and mental illness in U.S. prisons: the challenge of medical ethics," the law published in the magazine and the American Psychiatric Institute.

This is a special problem, he added, when the "clinical isolation as painful physical torture."

Messner's article, but it is a sign of attention to this issue. He and his co-author, Human Rights Watch lawyer 雅伊梅费尔内尔 proposed to promote the prison system and prison officials, "concluded Dr abuse" - and, if necessary, listed.

In the interview, Messner, who taught at Colorado University School of Medicine, the proposed medical professionals outside the prison has become a claim. He hoped that his article will inspire medical workers organizations in more aggressive on this issue, he intends to press its American Psychiatric Association.

An obstacle to reform, he said, is two prison conditions and the relevant international law, ignorance of most psychiatrists.

An increasing number of United Nations agencies and international human rights organizations agree that torture in the United States signed the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment - Israeli officials said, causing "severe pain or suffering abuse contained in the definition, whether physical or mental punishment or coercion "- applied to extended isolation.

In 2006, the United Nations Committee against Torture expressed concern about the "long-term isolation of" the United States supermaxes and "concerned about the effect of treatment on the '[prisoners] mental health problems, its purpose may be retribution, in this case, constitute cruel, inhuman or degrading treatment or punishment. "

In 2008, the United Nations torture, Manfred Nowak, the proposed solitary confinement "should be kept to a minimum, with very special circumstances the Special Rapporteur, for the shortest possible time, only as a last resort" - all of the conditions , in violation of United Statessupermaxes.

According to David Fatehi, ACLU prison project leader, the end of a long-term isolation prisons "may violate [U.S.] obligations under the treaty." Physicians for Human Rights drastic Raymond said: "The solitary confinement is absolutely internationally recognized Torture. "

In order to clarify the responsibilities of doctors, Raymond believes that the national organization authorized by the Board and health professionals must develop the "bright line" to determine ethical behavior in the U.S. prison environment. Moreover, he said, needed "a law enforcement mechanism for those who cross the line."

Whether in Guantanamo or China, he added, the prison medical staff to face their "dual loyalty" of the issues to their employers on the one hand, and their patients and professional ethics, on the other hand.

In an interview, Messner Fellner, co-author is stubby. Prison doctors and their colleagues is a terrible position, "" she said. "They could lose their jobs," If they speak in opposition to separate the mentally ill prisoners. But, she added, they may have the responsibility to resign.

Maine Controversy

In Maine, in solitary confinement in a recent debate that the representative bodies of doctors and health professionals on the prison abuse its associates Accomplice large differences.

Psychiatrists and psychologists, the state organization has strongly opposed in solitary confinement. They are the freedom of a private, religious, human rights and prison reform groups as part of a broad coalition for a bill that limited the prison solitary confinement for 45 days, and a ban on severe mental illness is entirely run. The consortium includes Maine Civil Liberties Union and the Maine Christian Association, the American Civil Liberties Union and the local branches were NRCAT.

The bill, Legislative Document 1611 , the end of the targeted countries, a special management unit 132 shares the highest security prison in Warren Maine. In the unit, more than half of the prisoners were classified as severely mentally ill.

Janis Petzel, the Maine Association psychiatrist, told the public hearing on the bill legislators "of the international definition of" confinement "is a form of torture." Maine Psychological Association, psychologist, also straightforward.

However, at the hearing, Maine Medical Association (MMA), the American Medical Association (AMA) branch, do not take a stand. Its executive vice president, Gordon Smith, told the legislators, because the care of a psychiatrist to provide prison inmates in the past "peer review team MMA psychiatrist" is, it must remain neutral. In essence, the signing of methyl methacrylate comment on the quality of care.

In an interview, Smith said his organization was "not suffering from the Maine Correctional Services Department" to see the effect of isolation. Although he was "no doubt" caused by mental illness in solitary confinement, he did not remember how it used to be a prisoner's mental illness treatment of MMA's review of reference.

斯图尔特格 Racine, Massachusetts, a psychiatrist and a solitary confinement of the country's experts, that this is ridiculous. "You can not become a doctor, not the living conditions," he said. Gerasin Labour Department has confirmed that the favor in 1611.

Correctional Services Department does not deny that solitary confinement is the destructive spirit. On the contrary, its officials said, because the prisoners were the end of a few showers from the cells at least weekly contact with other people, they are not in solitary confinement. Clinical director of the department, Joseph Patrick, psychologists say, if there is no place to solitary confinement of prisoners may be destructive.

The Department lobby against the efforts of the grounds that the bill's security guards and other prisoners will suffer dangerous prisoners, if they can not be put in isolation. This argument loses strength, the department was forced to reveal some of the prisoners violated their own rules like the end of the tattoo.

1611 Labour supporters did not think the first time around victory, they did not get it. The bill has been supported by the Democratic majority leader, but the rank and file lawmakers into a time of economic recession worries for prisoners psychiatric hospitalization costs. Corrections officials insist that it will be necessary if the bill passed.

The legislature on April 6 defeat the bill but solitary confinement ordered the department to perform research and independent National Committee for the correction.

Labour activists have been 1611, this year's legislative session as an opportunity, education, legislators and the public. Buoyed by growing public support, such as a good newspaper editorials - evidence - that they declared a "moral victory" and vowed to monitor the study and that they will work with a similar bill next year's return.

Possible efforts, but also belong to the state's medical profession, on prison conditions, education of doctors. Petzel, doctors' group president, said: "The next 20 years, I did not want to say we like the Nazi doctors."

To state

Meanwhile, NRCAT and the American Civil Liberties Union has begun in other countries, looking at the issue raised. Illinois, it has experienced more than the end of the treatment of prisoners at Tamms controversy, is one possibility.

"We have a lot of effort from Maine," NRCAT of Kilmer said.

Reformers may face a difficult challenge, but persuading the national organizations representing health professionals, to become more aggressive end of abuse. Anti-monopoly law have a policy prohibiting even the presence of a doctor, said: "When the use or threat of use of torture", but in answer to whether the end of treatment constitute torture, an AMA spokesman said: "We just can not comment on an expert this issue. "

Although Maine psychiatrists' group took place locked in solitary confinement for mentally ill people a clear stand, saying it is torture, American Psychiatric Association, a member of the deflection, 罗伯塔斯泰 Germain, who , said that she could not view the organization's requirements.

Steirman, New Mexico's experience in prison and a psychiatrist admitted that "Invincible environment with mental illness can be terrifying," but added that the prison psychiatrist, "find themselves in a difficult environment." She said she to "think" is isolated to constitute torture on mental patients.

The National Commission on Correctional Health Care is also cautious. Edward Harrison said its president, committee accredited health care facilities, about 500 countries, 1,800 prisons and the implementation of peer or "chart" in the approximately 200 prison health care facilities, and none of the supermaxes position.

MMA the same as the comments do not look at it as a "factor" to the health of a prisoner in solitary confinement, according to Harrison. However, he noted that his organization is "aware of the potential isolation of the devastating effects."

Stone walls?

Correctional Services officials, of course, take strong exception to the word "torture" to describe the conditions of the end. In an interview, the Maine State Prison warden 帕特里夏巴 Enghardt that does not encourage the cooperation in this matter: "No one talking about us, we suddenly be called torture."

Similarly, Alfred Blumstein, Carnegie Mellon University and at the country's most important criminologist Professor said he believes the use of the word may lead to a "wall bring about reform," Invincible criticism.

Another criminologist, 米蒂萨泽兰, Academy of Sciences of the Executive Director in criminal justice, he said: "The 'torture' is what we think is a normal closed" - this is necessary, sometimes very strong words, she said , in order to protect themselves and others prisoner.

She believes that the end of the dispute, ultimately may be caused by a "practice of some of these prisons": "Many of the prisoners will tell you that they want to resolve in a single cell. They feel more secure. But in this day of 24 hours is another matter. "

Many large criticism, however, recognize the nuances of solitary confinement.

"We do not say that solitary confinement is a problem in itself," Human Rights Watch lawyer Fellner stressed. "There is a need to study the conditions, it is how to extend the grounds that people there. A week, more than 5 years difference."

She also distinguishes between torture and the treatment is "degrading and inhumane." However, "mental illness should not be isolated," she added.

Blumstein said that the intention of prisoners, prison officials should bear in mind the end. "My feeling is that they do not have an intent to torture. Their intent to control. But what are the side effects?" He mused. "They are full of harmful into the category of torture? They may have similar consequences for torture."

Add support to say, prison officials do not intend to torture prisoners is a debate in Maine, they do not adhere to solitary confinement. They often defined as something close to the medieval dungeon in solitary confinement.

Similarly, "We do not operate supermaxes, said:" 埃里克克里斯 for the New York State Correctional Services Department spokesman in an e-mail - because "no one is lonely, because all cells have at least an hour every day "and the books and radio are available. In New York's "prison discipline," Chris said that many prisoners double-cell type.

Sledgehammer options

New York, the question of prisoners seen as many treatment, but from how they deal with in many countries as an anti-Albany disability advocates, the company the settlement of litigation brought by state results, which were different in the detention of mental patients conditions.

The state's prison system was forced to create a 100-bed mental health residential unit with a group of 60 will be opened next year. Guard how to deal with mentally ill inmates have received more training, these prisoners have more time for the cells and additional psychiatric treatment. A transformation process, resulting in less discipline, mental abuse of prisoners who break the rules in isolation.

Cliff Zucker, executive director of the Disability advocates said the country is "making very good in the progress of implementing the settlement."

However, while boasting: "mentally ill inmates in New York on the cutting edge of treatment," Chris, for the country's 57,000 prisoners of the system spokesman said: "we are doing is very expensive."

As the prisoners increased service costs, and because the legislature tend to list their funds on the last service, and some food for thought reform and continue to believe that the end of the litigation may be necessary. The "paradigm shift" may not appear there is no "hammer action" in the words of Steirman - New Mexico psychiatrists - to correct the abuse allegations end.

Therefore, in addition to promoting and psychiatrists examine their own behavior and to promote legislative action, large reformers always have a choice of action, the court's decision, relying on recognition of abuse of the mentally ill in solitary confinement. Although these legal fight can bring substantial results, they are long, expensive, and usually provide relief to prisoners have been mentally ill.

In any case, "seems to be a lot of things happened, said:" Richard Kilmer's NRCAT, this new power struggle for human rights. "We are optimistic."

By the photo Rennett Story photo.

This work, some of which do report draws Phoenix Portland, Maine, is one of the researchers, a series of original Guggenheim / John Jay High Criminal justice news items produced around the country in 2010. They coordinate and edit the input by the Joe Domanick judicial crime, deputy director of the John Jay College of Media Centre. We thank the generous support of the project's Harry Frank Guggenheim Foundation for its. (Disclosure:兰斯塔普利speak against torture session. In the national religious movement)

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