Jul 11 2013

From Death Row at San Quentin: Letter from Carlos M. Argueta (includes Hunger Strike Action Items)

I open this with a salutation to all those of like-mind, who in solidarity stand as one. My name is Carlos M. Argueta. I come to you from San Quentin´s Death Row. Here in the Adjustment Center (A/C)[1], like other S.H.U. units, we have endured mental as well as physical torture and injustice by the administration and correctional officers for decades. However, the time has come to respond to this injustice and remain silent no longer.

Never again will we be quiet about the discrimination, the inhumane treatment and torturous practices that take place behind these walls. The misuse and abuse of authority by Prison Officials and Correctional Officers can no longer continue to be kept quiet. The injustice being done here needs to be exposed, with the hope that it may be brought to an end.

Maybe then we can be treated with the dignity and self-respect that is entitled to all human beings. For though we are Death Row prisoners who have already lost our physical freedom, we have not ceased to be human and still have the same rights as everyone else: Human Rights and Civil Rights. When we were sentenced to death, we weren’t sentenced to be mistreated, humiliated, discriminated against, psychologically tortured and kept in solitary dungeons until the day of our executions. Never once did the judge say that was to be part of our sentence.

This is why now is the time for us to make our voices heard. To shed light on the injustice that continues to take place here. The time has come to seek to be treated fairly, with human dignity and have our human rights recognized.

For here in the infamous San Quentin State Prison resides a population of prisoners that have been shunned by the state, allowing prison officials to get away with too many rule violations for far too long. That group of prisoners resides in the Adjustment Center. A prison within a prison and a solitary confinement torture unit used to seclude prisoners from the rest of the prison population. It´s a `punishment unit` otherwise known as a S.H.U.[2] for those who have committed an alleged infraction of the rules. Some are immediately placed in the A/C without any due process afforded or write-up. It is supposed to be only for a set amount of time; after that rule infraction is adjudicated. Once that set amount of time expires they are supposed to be released back to general population. Yet, some are held here without any further rule violations or without ever having had one to begin with. It is supposed to be a unit of “Temporary Punishment” of sorts for rule violators. However, it has only been a unit of torture, sensory deprivation and mental abuse. It is where no prisoner wants to go.

Unfortunately for death row prisoners, there´s no choice but to start serving our death sentence here in this unit upon our arrival from county jail. It is home to 102 prisoners and over 90% of us are death row inmates. Many of us have not left this unit since our arrival at San Quentin, never being given the opportunity to program as moderate inmates, which can be considered a custom afforded to all prisoners when sentenced to state prison. We are held here indefinitely since our arrival, with most of us never having violated a single rule. We have been subjected to a different form of treatment and in truth, we are being punished without merit. We have been housed here in this unit under the false pretense that we are being monitored before we can be given a regular program. The reality though is we have been treated to a harsh and psychologically torturous environment. One where throughout the day and late at night, you can hear the screams of those who have been driven over the edge and into mental illness by the circumstances they are forced to live in. We have been subjected to a different set of rules called `I.P. No. 608`[3]. This is a set of rules that mirrors the CDCR Title 15 Rules book[4] (that governs all CDCR inmates) but gives more authority to death row prison officials and administration to do as they please with us and to violate our rights under the cover of “The Law”, to discriminate against us and hold us here in the A/C –Solitary Confinement indefinitely. This concerns a set of certain prisoners for whom they seem to hold disdain and dislike. As that set of prisoners is only a small fraction of the condemned, they have been able to get away with this for decades.

However, the issues mentioned are only the tip of the iceberg for the problems here on Death Row go far beyond this. To cover them all, we need more time, space and patience from you. We want to disclose it all so you can understand why we also choose to peacefully protest this injustice being done. Why we, too, will be joining the national hunger strike, pitching our own demands for change. The change needed here and everywhere else where there is the continued abuse of authority and solitary confinement torture units. That all needs to come to an end for the greater good of humanity.

In solidarity,

 

Carlos

 


[1] Adjustment Center also referred to A/C in this article.

[2] S.H.U. short for Security Housing Unit.

[3] I.P. No. 608 is the Condemn Manual and rules and regulations sets forth policies and procedures, details organizational framework, and describes criteria and standards governing the operation of the condemned male inmates house at S.Q. I.P. No. 608 can be found on the C.A.P. (Cali Appellate Project) site at www.capsf.org.

[4] CDCR Title 15 is California Department of Corrections and Rehabilitation Rules and Regulations, www.cdcr.ca.gov/regulations

Stop-the-Torture

Death Row prisoners in the Adjustment Center (A/C) Unit at San Quentin State Prison are organized and united in planning and executing a Hunger Strike this summer of 2013 to protest inhumane conditions of isolation and long-term confinement of prisoners in the A/C:

·         the lack of law library access

·          the lack of exercise and yard equipment
·         the unfair administration and classification committee practices
·         the controversial and unfair practice of using inmate informants, anonymous informants and confidential information
·         to retain prisoners in the A/C for years
·         the unlawful and under the table use of labeling a prisoner as an alleged prison gang member, associate or affiliate
·         using prisoners alleged gang status, validation, confirmation and documents (such as 130s, 128 A/B, staff information) to hold them in the A/C as grade B prisoners, yet treating them as S.H.U. / ad-seg –grade D prisoners for an indeterminate amount of time
·         the unlawful practice of group punishment tactics and lockdowns
·         the unlawful practice policy of “interviewing” / forced interrogation
·         the illegal use and excessive practice of property restriction or “property control”
·         the degrading practice and policy of “shower shoes only”, stripping prisoners at yard in front of everyone, and not allowing prisoners to be fully dressed in state blues when going to Law Library
·         the denial of religious, hobby craft, library books and educational programs or materials
·         the unlawful practice of withholding, censoring, denying and returning prisoners´mail without notification or legitimate reasons to do so
·         the denial of contact visits, phone calls, participation in food charity drives, nutritional items, honoring medical chromos and legal books or materials
·         the excessive abuse of power and authority by Warden, his administration and staff to do as they wish with condemned, S.H.U./ ad-seg prisoners in the A/C

In spite of the ongoing negotiations between the Pelican Bay Human Rights Movement and top CDCR administrators, the San Quentin administration is resisting any attempt to improve the plight of death row prisoners housed in the A/C. Unlike the Title 15- California´s Code of Regulation for all California State prisoners- San Quentin top officials have concocted and enacted an exclusive code of regulations called the O.P.608., which mandates that death row prisoners are under the control of the Warden of San Quentin. It is this illegal and repressive code of regulations that A/C death row prisoners are vigorously challenging as well.

Some may know about the A/C, but for those that don´t, it´s a prison within a prison and S.H.U. unit, housing 102 prisoners with over 90% of it being condemned prisoners. Many of us have been housed here since our arrival into the prison system as condemned men. The majority hasn´t have a disciplinary infraction and for those that have, have exceeded the time limitations triple the max set to be served for them. It´s a punishment unit and a psychologically torturous dungeon. We hardly ever leave the unit unless it is to see medical specialists. We´re fed and shit in our cells. We´re kept confined to our cells 22-24 hours a day, only to come out for five purposes:

1.      yard, which is held three times a week for 2-3 hours
2.      showers, which are done three times a week
3.      medical sick calls
4.      visiting (that is behind a dirty plexiglass window, through a 25 year old 2way intercom that interferes with and shares everyone´s conversations, leading everyone to shout over one another for an hour. You hardly ever get extended visits, even when it´s possible, or a courteous staff.)
5.      Law library, which takes up to three months to physically access it

Prisoners here are constantly deprived, harassed, ridiculed, psychologically tortured and have our only form of communication (mail) withheld for weeks and months –both incoming and outgoing. Often times we will learn of the death /passing of a family member or friend three months after the fact. Not allowing us to send our condolences, or what we would like to have shared in our absence at their burials, causing our family and friends to worry about us and not allowing us to pay our last respects to the dearly departed. All with the purpose of intimidating and breaking a prisoner´s spirit. In order to have them submit and fabricate information on fellow prisoners to be released from this torturous dungeon and gain better privileges for themselves and their loved ones.

Our Hunger Strike begins July 2013 in solidarity with the National Strike. Our demands are fair, reasonable, create no serious threat to the safety and security of the A/C, and are all within the power of authority of the San Quentin Warden to order the following immediate changes without delay. It´ll create a more positive and productive environment because it will ensure that prisoners be treated with human dignity and fairly.

We ask you for your support as we place our health, bodies and lives on the line in order to bring about a positive change –peacefully. None of us want to die, but due to our deteriorating circumstances, having been sentenced to death and now the administration has unjustly sentenced us all to an unlawful and indeterminate S.H.U./ grade B program. A “civil” and psychologically torturous death in the A/C as well as their abuse of power and authority and abuse of discretion has left us with no other alternative but to place what we value most at stake – our lives, for positive change and human dignity. We would truly appreciate and welcome your support. Your help will give us strength and will nourish our starving bodies.

Here´s what you can do to support:

Call/ write letters/e-mails to the addresses listed in this post consistently until we have finally announced we are off. Which will be addressed by our lawyers. Your support will put pressure on the prison to comply with our reasonable requests. You can also inform the media and share this post to ensure that as many people as possible get involved. Thank you.

Sample script:

Hi, I´m______________________and I´m calling/writing/e-mailing about the state wide prisoners hunger strike, more specifically the Death Row Adjustment Center strikers. I support the prisoners and their reasonable 10 core demands. I am alarmed by your (or CDCRs) refusal to comply, intervene and implement these demands. By your refusal to intervene as the prisoners´medical conditions are rapidly deteriorating. I urge you to make sure the demands are implemented for all condemned S.H.U./ad-seg, CDCR prisoners in California immediately. Please also contact the Office of the Inspector General (OIA) and request them to investigate the practices as well as the policies and procedures conducted on Death Row Adjustment Center inmates or grade B Death Row prisoners. The prisoners may be on death row, they may have done wrongs for which they pay with their physical freedom, yet they are human beings nevertheless. Deserving of human rights and dignity. To be free from long-term isolation and program deprivation. Please also contact the Office of the Inspector General (OIA) and request them to investigate the practices as well as the policies and procedures conducted on Death Row Adjustment Center inmates or grade B Death Row prisoners.

Prison Law Office
General Delivery
San Quentin, CA 94964

Office of the Inspector General
P.O. Box 348780
Sacramento, CA 95834
http://oag.ca.gov/contact

Governor Jerry Brown
c/o State Capitol, Suite 1173
Sacramento, CA 95814
(916) 445-2841
www.gov.ca.gov   

Judge Thelton Henderson
San Francisco Courthouse,
Courtroom 12 – 19th Floor
450 Golden Gate Avenue,
San Francisco, CA 94102
[email protected] 

CALIFORNIA APPELLATE PROJECT
101 Second Street
Suite 600 San Francisco, California 94105
Telephone: 415.495.0500 Fax: 415.495.5616

http://www.capsf.org/Contact-form.asp

Warden
10111 Old Placerville Rd, Ste 200
San Quentin, CA 94974
(415) 454-1460

Internal Affairs CDCR
San Quentin State Prison
Sacramento, CA 95827

CDCR, Office of the Ombudsman
1515 S. Street, Room 540 North
Sacramento, CA 95811

The California State Senate Research Team
Attn: Senator Darrell Steinberg
Room 205
State Capitol
Sacramento, CA 94248
https://lcmspubcontact.lc.ca.gov/PublicLCMS/ContactPopup.php?district=SD06