Showing posts with label Solitary confinement. Show all posts
Showing posts with label Solitary confinement. Show all posts

Friday, March 25, 2011

Cruel and usual: US solitary confinement

As incarceration rates explode in the US, thousands are placed in solitary confinement, often without cause. In Europe, solitary confinement has largely been abandoned, and it is widely viewed as a form of cruel, inhuman and degrading treatment, in violation of international human rights conventions.

The spectre of Bradley Manning lying naked and alone in a tiny cell at the Quantico Marine Base, less than 50 miles from Washington, DC, conjures up images of an American Guantanamo or Abu Ghraib, where isolation and deprivation have been raised to the level of torture.

In fact, the accused Wikileaker, now in his tenth month of solitary confinement, is far from alone in his plight. Every day in the US, tens of thousands of prisoners languish in "the hole".

A few of them are prison murderers or rapists who present a threat to others. Far more have committed minor disciplinary infractions within prison or otherwise run afoul of corrections staff. Many of them suffer from mental illness, and are isolated for want of needed treatment; others are children, segregated for their own "protection"; a growing number are elderly and have spent half their lives or more in utter solitude.

No one knows for sure what their true numbers are. Many states, as well as the federal government, flatly declare that solitary confinement does not exist in their prison systems. As for their euphemistically named "Secure Housing Units" or "Special Management Units", most states do not report occupancy data, nor do wardens report on the inmates sent to "administrative segregation".

Prosecutor, judge and jury

By common estimate, more than 20,000 inmates are held in supermax prisons, which by definition isolate their prisoners. Perhaps 50,000 to 80,000 more are in solitary confinement on any given day in other prisons and local jails, many of them within sight of communities where Americans go about their everyday lives.


Source: Al Jazeera, Jean Casella, March 24, 2011
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Friday, March 11, 2011

Japan: Death row inmate, 75 today, should be granted a stay of execution after 43 years in solitary confinement on death row

Execution chamber
at Tokyo Detention Center
A man believed to be the world’s longest serving death row inmate, who has spent the last 43 years on death row and is 75 today, should be granted a stay of execution, removed from death row and his case reviewed, Amnesty International said today.

Amnesty International and the Anti-Death Penalty Asia Network (ADPAN) today called on the Minister of Justice to grant a stay of execution for Hakamada Iwao in accordance with Article 479 of the Code of Criminal Procedure and for him to be taken off death row. Article 479 provides for a person to be granted a stay of execution in cases where the person is found to be suffering from mental illness.

Clare Bracey, Death Penalty Campaigner for Amnesty International UK, said:

“Having been locked away on death row for the last 43 years, with over 1/2 of that time spent in solitary confinement [emphasis added], and not knowing if each day might be his last, it is no wonder that Hakamada Iwao is suffering from physical and mental ill health.

“International law prohibits the execution of people with mental health issues, and Hakamada's case typifies the worst consequences of Japan's justice system

“The Japanese authorities should grant him a stay of execution in accordance with the law and review all similar cases."

Hakamada Iwao, has been on death row since 1968. He was convicted after an unfair trial of the 1966 murder of the managing director of the factory where he worked, and the man's wife and 2 children.

Within months of the finalisation of his death sentence, Hakamada began to show signs of seriously disturbed thinking and behaviour. The Prison authorities have refused access to Hakamada’s medical records, even to his family members and his legal representatives. Hakamada’s mental health condition continues to be of concern.

Hakamada confessed after 20 days of interrogation by police without a lawyer present but later retracted his confession saying that he had been beaten and threatened during the interrogations. One of the judges who convicted Hakamada, Kumamoto Norimichi, stated publicly in 2007 that he believed Hakamada was innocent, but that he had been outvoted in the decision.

Visitors to Hakamada in recent months have found him to be "confused, disorientated and rambling". He has been known to refuse his medication for hypertension and he suffers from diabetes.

His legal team, family and supporters are calling for Hakamada to be granted a stay of execution and removed from death row. They also continue to press his claim for a retrial based on concerns about the soundness of evidence against him. Japan has not commuted a death sentence since 1975.

Amnesty International further calls on the Government of Japan to initiate an immediate independent review of all cases where there is credible evidence that prisoners may be mentally ill and could fall within the scope of Article 479.

Executions in Japan are by hanging and are typically carried out in secret. Death row inmates are only notified on the morning of their execution and their families are usually informed only after the execution has taken place.

This means that prisoners live in constant fear of immediate execution. Enduring these conditions for years, or even decades, has led to extensive depression and mental illness among death row inmates.

Notes: The Anti-Death Penalty Asia Network (ADPAN) is a regional network of over 50 members including lawyers, NGOs, journalists, human rights defenders and activists from 23 countries across the Asia Pacific region. ADPAN campaigns for an end to the death penalty across all countries in the region.

Amnesty International opposes the death penalty as a violation of the right to life in all cases without exception, regardless of the nature of the crime, the characteristics of the offender, or the method used by the state to carry out the execution. It calls on the government of Japan to immediately commute all death sentences and introduce an official moratorium on executions as a first step towards abolition of the death penalty.

A study group on the death penalty established by the former Justice Minister Ms Chiba Keiko is continuing to work under the current Justice Minister, Mr. Eda Satsuki. No date for its report has been announced.

Source: Amnesty International, March 10, 2011
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Saturday, January 22, 2011

Japan's Justice minister to study pros and cons of death penalty

Execution chamber
at Tokyo Detention Center
Justice Minister Satsuki Eda said Friday it is time to study whether to abolish the death penalty amid international calls to abandon capital punishment. "I think now is the time, from a global point of view, to look into whether it is good or not to maintain capital punishment," Eda said at a news conference.

But he did not elaborate on if he would suspend executions while the study is under way, only saying, "I will consider it carefully." He also said capital punishment is an irreparable penalty because it claims human lives.

Eda, a judge-turned-politician who also served as House of Councillors president, joined the cabinet of Prime Minister Naoto Kan in a reshuffle last week, replacing Yoshito Sengoku as justice minister.

Last Friday, Eda told reporters after assuming the portfolio, "Capital punishment is a flawed penalty."

According to the London-based Amnesty International, 139 countries and territories—more than 2/3 of nations—have abolished the death penalty in law or in practice, while 58 keep it.

Source: Japan Today, January 21, 2011

Japan to consider abolishing death penalty

Japan’s new justice minister, a veteran opponent of capital punishment, has ordered his staff to consider scrapping the death penalty. "The time has come to look at the global situation and consider whether it is good to have this [death penalty] system," said Satsuki Eda, who was named justice minister in a cabinet reshuffle last week.

A study group set up by the justice ministry would consider abolition under its review of capital punishment, said Mr Eda, who is the 4th person to serve as justice minister since the ruling Democratic party’s landmark general election win in September 2009.

Japanese campaigners against the death penalty suffered a setback last year when the DPJ's 1st justice minister, Keiko Chiba, put aside her long-standing opposition to capital punishment and authorised the hanging of 2 murderers.

Mr Eda appears markedly more willing than Ms Chiba or her two successors to publicly question the use of capital punishment. In his first press conference last week Mr Eda described it as a “defective” punishment, highlighting the impossibility of undoing erroneous executions.

However, the weakness of the DPJ government and high levels of public support for the death penalty mean rapid action is unlikely.

Some human rights activists are concerned that notoriously conservative justice ministry bureaucrats will be able to dominate the review.

"Currently the study group is set up inside the Ministry of Justice, and this means it is likely to back the current practice," said Makoto Teranaka, secretary-general of Amnesty International. Mr Teranaka was also disappointed that Mr Eda had not announced a moratorium on executions.

Even if the review stops short of recommending abolition, it could clear the way for changes to the secretive system under which prisoners are kept in near-isolation – sometimes for decades – with no way of knowing if it is their last day.

Amnesty has accused Japan of breaking its commitment to international standards by executing mentally ill prisoners and has protested against the restrictive regime under which it says condemned prisoners are not allowed to move around cells, apart from toilet visits.

The number of people sentenced to death in Japan fell to 14 last year from 20 in 2009, but the slow pace of executions means that the number of death row inmates has reached 111, the highest since 1949.

Source: Financial Times, January 21, 2011
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Thursday, January 6, 2011

Support the Four Death Row Hunger Strikers in Ohio

On Jan. 3, four prisoners held in Ohio State Penitentiary, a super max prison, started a hunger strike to protest the highly restrictive conditions they have been subjected to since they were moved to the prison in 1998. These prisoners are Bomani Shakur aka Keith LaMar, Siddique Abdullah Hasan, Jason Robb and Namir Abdul Mateen aka James Were.

They all received death sentences as the result of wrongful convictions on charges related to the 1993 prison uprising in Lucasville, Ohio. Hasan and Robb helped negotiate the settlement of the Lucasville uprising, preventing a massacre such as the one in Attica in 1971 which resulted in more than forty deaths.

In his statement of his reasons for the hunger strike Bomani states, "..we have undergone penalty on top of penalty, kept from fully participating in our appeals, from touching our friends and families, denied adequate medical treatment.we who have been sentenced to death must be granted the exact same privileges as other death-sentenced prisoners." ..To see Bomani's complete statement, go to iacenter.org.

The four prisoners have been kept on the highest security designation, "Level 5" throughout their time at OSP. Their solitary confinement is conducted in such a way as to ensure no contact with other prisoners even during showering and "recreation". The doors to their cells are sealed to prevent sound transmission. During visits, they are shackled even while confined within a booth, separated from their visitor by bullet-proof glass, while other death-row prisoners can have contact with their visitors through an opening in the glass.

Please sign on to the online petition below to support the prisoners' right to have their security levels fairly evaluated and reclassified so that they may participate in the small privileges afforded to other death row prisoners. The harsh treatment of these prisoners violates their constitutional rights and is widely recognized as not only inhumane but as a form of torture.

The wrongful convictions which placed these men on death row must also be set aside. The charges must be dropped entirely or the men must receive new trials.


Source: Texas Death Penalty Blog, January 5, 2011

Tuesday, December 7, 2010

Canadian resident sentenced to death in Iran

Saeed Malekpour
A Canadian man, detained in Iran since 2008, now faces the death penalty in that country, according to a group calling for Saeed Malekpour's release says.

Campaign for Release of Saeed Malekpour says on its website the Iranian judge who tried the case, told Malekpour's lawyer the decision to hand down the death penalty was not his, but rather an edict from the Iranian Revolutionary Guard.

His supporters say Malekpour — an Iranian-born Canadian — worked as a freelance website developer and programmer, and designed a program to allow designers to upload photos to their websites.

But they say the program was later used, unbeknownst to Malekpour, for the creation of an adult website.

A Foreign Affairs spokesperson said Monday: "Canada remains deeply concerned by the continued flagrant disregard of the Iranian authorities for the rights of Iranians.

"This appears to be another case in which someone in Iran is facing a death sentence after a highly questionable process," Alain Cacchione said in a prepared statement.

Malekpour, 35, arrived in Canada in 2004, after which he became a permanent resident.

In October 2008, he was detained in Iran after he returned to his country of birth to visit his ill father.

He has been held in Tehran's Evin Prison ever since, charged with "taking action against national security by designing and moderating adult content websites," "agitation against the regime," "contact with foreign entities," and "insulting the sanctity of Islam."

In an open letter to prison officials written in March, Malekpour claims he was tortured and forced to make a false confession.

In the letter, Malekpour says he spent 320 days straight in solitary confinement.

Source: MontrealGazette, December 6, 2010


Canadian resident sentenced to death in Iran: reports

Any negotiations undertaken by the Canadian government to secure the release of Saeed Malekpour, a Richmond Hill, Ont., website developer facing the death penalty in Iran for allegedly designing “adult” websites, are unlikely to be successful, says an expert in Middle East politics.

Mr. Malekpour, a 35-year-old Iranian-born Canadian resident was sentenced to death Saturday by an Iranian judge after being charged with so-called “Internet offences,” including “taking action against national security by designing and moderating adult content websites,” as well as “agitation against the regime” and “insulting the sanctity of Islam.”

According to Aurel Braun, a political science professor at the University of Toronto, the Canadian government, like most western democracies, carries little weight with the fascist Iranian state, a standing made worse by the fact that Mr. Malkepour is not a Canadian citizen, but rather a permanent resident.

“It would be difficult even if this individual were a Canadian citizen and born in Canada, simply because we have very limited leverage with the Iranian government,” Prof. Braun said.

“This is a government that has disregarded the norms of international behaviour for a long time, has persecuted many of its citizens and is holding American citizens who are accused of espionage,” he said, referring to Shane Bauer and Josh Fattal, both 28, arrested in July 2009 after they were detained while hiking along the Iraq border. They remain in Tehran and face charges of spying that carry a punishment of 10 years in prison.

“The United States is a superpower, and it isn’t able to free its own people.”

Mr. Malekpour came to Canada in 2004, after which he became a permanent resident. According to his supporters, who have set up a website campaigning for his release, Mr. Malekpour worked as a freelance web developer and programmer, and designed a program allowing photos to be uploaded and posted on websites.

“He loved computer and was pretty good at that,” Mr. Malekpour’s wife, Fatima Eftekhari, 32, told the Richmond Hill Liberal newspaper.

She said her husband’s program, to which he attached his name as designer, was used to create part of an adult website, unbeknownst to him.

“It’s like a nightmare,” she said.

In October 2008, Mr. Malekpour was detained in Iran after he returned to his country of birth to visit his ill father. He has been held in Tehran’s Evin Prison ever since.

Prof. Braun suggested Mr. Malekpour may have been targetted by the Iranian regime for his savvy web skills.

“The Iranian regime operates on the basis of trying to control information as much as possible and are therefore very susipicious of anyone who would have even the potential of being able to communicate or break through barriers placed on Internet communication,” he said.

In an open letter to prison officials written in March, Mr. Malekpour says he was tortured and forced to make a false confession.

“Most of the time, the tortures were performed by a group,” Mr. Malekpour wrote in the letter, posted on the website set up by his supporters.

“While I remained blindfolded and handcuffed, several individuals armed with cables, batons and their fists struck and punched me … Such mistreatment was aimed a forcing me to write what interrogators were dictating, and to compel me to play a role to a false confession in front of the camera based on their scenarios.

“Once … the interrogators stripped me while I was blindfolded and threatened to rape me with a bottle of water.”

In the letter, Mr. Malekpour says he spent 320 days straight in solitary confinement.

He is the latest Canadian resident of Iranian descent to find himself facing punishment for supposed crimes against the state, joining Hamid Ghassemi-Shall, of Toronto, who is reportedly facing the death penalty, and Hussein Derakhshan, a Toronto blogger serving 20 years in prison.

The Department of Foreign Affairs won’t say whether it is in talks with Iranian officials in an attempt to secure Mr. Malekpour’s release.

Department spokesman Alain Cacchione said Mr. Malekpour’s experience “appears to be another case in which someone in Iran is facing a death sentence after a highly questionable process.”

“Canada remains deeply concerned by the continued flagrant disregard of the Iranian authorities for the rights of Iranians,” Mr. Cacchione said. “Canada, in concert with the international community, is striving to hold Iran accountable for such human rights violations … We continue to call on Iran to respect its domestic and international obligations and ensure fairness and due process for all its citizens and others.”

Source: nationalpost.com, December 6, 2010