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U.S. Prisons, Muslims and Human Rights Violations

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The department of corrections system is more than a set of institutions; it is a state of mind. It is that state of mind which expanded the use of isolation, the use of devices of torture, the Counter Intelligence Programs, and the Department of Homeland Security, against activists, both inside and outside the walls.

Ojore, who first contacted us in 1986, exemplifies the history of control units and the misperceptions of all Islam as a threat. He was released from the control unit via litigation in 2002, after 16 years i n isolation. In 2004, he was placed back into isolation with no explanation. When I called the N.J. Department of Corrections, I was told that this was upon the request of Homeland Security. In a 2008 Classification decision, this was confirmed in writing which said the Department "continues to show concern regarding your admitted affiliation with the Black Liberation Army. Your radical views and ability to influence others poses a threat to the orderly operation of this Institution."

After a total of 22 years in isolation, Ojore was released from prison in August of 2009 via court order. On January 26th 2010, he was disappeared from an Amtrak train, accused of "endangering public transportation" and arrested in La Junta, Colorado. Because of his unusual name, newspaper articles had him being Muslim and talking about Al Qaeda neither of which were true. A judge dismissed all charges one week later.

Control units' latest mutations are as "security threat group management units." This egregious designation is beyond offensive because it is the government which gets to define "security threat group."

According to a national survey done by the U.S.Department of Justice, the Departments of Corrections of Minnesota and Oregon named all Asians as gangs, which Minnesota further compounds by adding all Native Americans. New Jersey, Oklahoma, and Pennsylvania go on to list various Islamic groups as gangs.

The "Communications Management Units" in federal prisons use isolation to restrict the communication of imprisoned Muslims with their families, the media and the outside world.

In 2004, four Islamic prisoners in California were indicted on charges which included conspiracy to levy war against the U.S. government. One result of this was a 2006 report called "Out of The Shadows: Getting Ahead of Prisoner Radicalization" by George Washington University's Homeland Security Policy Institute. The report states that the "potential for radicalization of prison inmates poses a threat of unknown magnitude to the national security of the United States," noting that "every radicalized prisoner becomes a potential terrorist threat." The report states that it focuses, "in particular on religious radicalization in conjunction with the practice of Islam."

Also in 2006, USAToday reported that the FBI and Homeland Security were "urging prison administrators to set up more intelligence units in state prisons, with an emphasis on background checks to ensure that extremist Muslim clerics don't have access with prisoners."

For those of us who've monitored U.S. prisons over decades, the targeting of radicalization, the targeting of specific groups, the surveillance and infiltration of those groups feels very familiar. There can be no doubt that Islam is being targeted. In one recent case concerning four Islamic men, known as the Newburgh 4, the judge herself noted that " 'Equal Justice Under the Law' are words that can be found on many courthouses, but far too often, where it applies to the socially and or politically marginalized, these are words devoid of meaning."

The U.S. government continues to lock down people for their beliefs, and is still seeking to identify those who have the potential to politically radicalize others. After each Homeland Security Code change, Prison Watch is flooded with calls from people reporting Islamic loved ones being removed from general prison population and placed in isolation.

I have no doubt that Islam itself is suspect to the U.S. government, and that any Muslim, no matter how law abiding, is suspect. Our work today needs to be embedded in struggle against this system and its continued use of isolation and torture as a tool of behavior modification, religious and political repression.

How U.S. prisons function violates the United Nations Convention Against Torture, and a host of other international treaties.

The AFSC recognizes the existence and continued expansion of the penal system as a profound spiritual crisis. It is a crisis that allows children to be demonized. It is a crisis which legitimizes torture, isolation and the abuse of power. It is a crisis which extends beyond prisons into school and judicial systems. I know each time we send a child to bed hungry that is violence. That wealth concentrated in the hands of a few at the expense of many is violence; that the denial of dignity based on race, class or religion is violence. And that poverty and prisons are a form of state-manifested violence created by public policy.

I've been part of the struggle for civil and human rights in this country for over 45 years. We need to alter the very core of every system that slavery, white supremacy and poverty has given birth to, particularly the criminal justice system. The United States must stop violating the human rights of men, women and children. US policies including solitary confinement, and use of devices or torture have nothing to do with safe and orderly operation of prisons or society and everything to do with the spread of a culture of retribution, dehumanization. The restriction of civil rights is something we can and should debate regularly as a society. The violation of human rights, and fundamental human decency, simply is not negotiable.

Bonnie Kerness

Coordinator Prison Watch Project

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