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Photo from Flickr's
antonychammond under Creative Commons license.
Last week the
Center for Constitutional Rights filed a lawsuit on
behalf of multiple inmates housed in secretive prison facilities on
U.S. soil called Communications Management Units. The suit is in
addition to one previously filed by the American Civil Liberties Union,
and marks an increased pressure on the Obama administration to explain
how these facilities were created, who is housed there, and why.
As a quick introduction, there are two Communications Management
Units, or CMUs , in the country. They radically restrict prisoner
communications with the outside world to levels that rival, or exceed,
the most restrictive facilities in the country. [For more information: "Secretive U.S. Prison Units Used to House Muslim,
Animal Rights and Environmental Activists."]
Secretive, experimental prisons have no place in a healthy
democracy, and their existence should concern every American:
- They were opened secretively in violation of the law. The
CMUs were opened without public notification and the
required comment period, in violation of the Administrative Procedure
Act, after similar programs were thwarted by civil rights groups. If the
Obama administration feels these secretive prisons should exist, they
should defend these policies in the open.
- They are political prisons. Most prisoners in CMUs
have no significant disciplinary history, and many have no disciplinary
history whatsoever. None of the defendants in the lawsuits have any
previous violations of communications rules, yet they are being housed
in a Communications Management Unit. They were transferred without
notification. The only common thread to explain why these prisoners have
been moved to the CMUs is that they are individuals the government
would rather keep hidden: controversial cases, jailhouse lawyers, and
prisoners such as Daniel
McGowan who have remained outspoken about their political beliefs,
despite being incarcerated.
- Inmates are transferred without opportunity for appeal, in
clear violation of their due process rights. The director of
the Bureau of Prisons has testified that there are 1,200 international
and domestic terrorist prisoners. The few who are housed in CMUs,
though, have been singled out and deprived of their right to challenge
their designation. CMUs operate secretively with very little paper trail
and no checks and balances.
- These experimental facilities are cruel and inhumane.
The restrictions on prisoner communication rival or exceed the worst in
the country. The extreme restrictions on inmate communications,
including not allowing them to hug family members at the few visits they
are allowed, go against a body of research and official government
policy on prisoner treatment. Generally, the government encourages
contact visits by family because they improve prisoner behavior,
increase morale, and further rehabilitation. As an example of the
long-lasting impact these policies will have on prisoners and their
families, Yassin Aref (one of the plaintiffs) will not be able to hug
his four-year-old child until she is 12.
- CMUs mark a continuation of the Guantanamo mindset by the
Obama administration. Guantanamo reflected a fundamental
contempt for the rule of law and basic human rights. The Obama
administration has advocated closing Guantamo, and it must also close
secretive facilities on U.S. soil that single out prisoners because of
their religious beliefs and political ideology and deprive them of their
due process rights to challenge their incarceration.
Regardless of how you feel about the individual prisoners or their
beliefs, this is an issue that should concern everyone. These CMUs place
far too much unchecked power in the hands of the government, and should
make everyone wonder: Who is next? What else is planned?
As Rachel Meeropol, one of the attorneys for CCR, told me, this is
one of the reasons the suit is so important: "Our goal is to get into
the discovery process and figure out why these people were actually
moved," she said. "If we can get that out, it will hopefully blow the
lid off the whole situation."
Related posts:
- Animal Rights Activist Jailed at Secretive Prison Gives
First Account of Life Inside "CMU"
- Secretive U.S. Prisons Discussed on
AntiWar Radio
- Secretive U.S. Prison Units Used to House Muslim, Animal
Rights and Environmental Activists
Authors Website: http://www.GreenIsTheNewRed.com
Authors Bio:Will Potter is an award-winning reporter who focuses on how lawmakers and corporations have labeled animal rights and environmental activists as "eco-terrorists." Will has written for publications including The Chicago Tribune, The Dallas Morning News and Legal Affairs, and has testified before the U.S. Congress about his reporting. He is the creator of
GreenIsTheNewRed.com, where he blogs about the Green Scare and history repeating itself.