Wednesday, January 11, 2012

Mumia Abu-Jamal Still Held In Solitary Confinement--A Legal Update

NATIONAL CORRESPONDENCE 1/10/12

Pam Africa is sending out this memo to the movement. Please call these officials, forward information to others and use all forms of social media to get the word out far and wide:

MUMIA STILL HELD IN SOLITARY CONFINEMENT – A LEGAL UPDATE

Mumia is still in Administrative Custody (AC)—the hole—at SCI Mahanoy. The confinement conditions in all the Restricted Housing Units (RHU) are degrading and tortuous.

Mumia is on a cell block that houses AC as well as disciplinary custody inmates. He is in solitary confinement, with lights glaring 24/7, without adequate food, or the opportunity to buy food to supplement his diet. He is shackled and handcuffed whenever outside his solitary cell—including when he goes to shower. And he is isolated without regular phone calls, or access to his property, including legal materials, books and typewriter. His visiting hours are limited. In short, Mumia is being subjected to conditions in AC that are more onerous than those on death row.

There is no legal basis for Mumia to be confined in AC. At the point he was no longer under a death sentence, he should have been transferred into general population. This is not dependent on a court date for Mumia to be formally resentenced to life imprisonment.

On January 3 and January 6, 2012 I submitted demand letters on Mumia’s behalf to John Wetzel, Secretary for the Pennsylvania Department of Corrections (DOC), and to John Kerestes, Superintendent SCI Mahanoy, to immediately transfer and assign Mumia to general population with full visitation, phone and commissary privileges and access to all programs and services. The stated legal grounds are the following: The degrading, dehumanizing, tortuous conditions of Mumia Abu- Jamal’s confinement in administrative custody at SCI Mahanoy are an abuse of authority, counter to DOC regulations, punitive, discriminatory, in violation of his protected liberty interests and his civil rights, including First Amendment rights.

The DOC regulations allow only two permanent categories of imprisonment, death row and general population. AC is by law only a temporary placement. It must be based on defined grounds, justified and implemented subject to procedural due process. None of the grounds listed in the DOC regulations for placement in AC apply to Mumia. In fact, on December 8, 2011 the DOC transferred Mumia from death row at SCI Greene and onto a cell block that does not house capital inmates. On December 14, the DOC ordered Mumia moved to a medium security facility, SCI Mahanoy, which by regulation cannot hold death row prisoners.

The response by the DOC via telephone by Chief Counsel Suzanne Hueston was that Mumia is in AC pending resentencing and further evaluations. These are bogus explanations. The December 2001 federal court ruling that Mumia’s death sentence is illegal has been upheld on appeal. The District Attorney has stated there will be no trial to obtain a new death sentence. Therefore Mumia should be in general population.

Nor is there a reason or basis for “further evaluation.” Mumia has been confined in Pennsylvania prisons for some thirty years. The DOC unquestionably knows his history, conduct and behavior. There is nothing in Mumia’s personal record to justify holding him in Administrative Custody.

The DOC’s treatment of Mumia is punishment for depriving the FOP and Philadelphia District Attorney of his execution. This is the latest attempt by this frame-up system to silence Mumia, an innocent man, and to subject him to tortuous, punitive conditions in the hole.

Rachel Wolkenstein, Attorney
January 7, 2012

1) Write Call Phone and email the Secretary of Corrections

Tell them that Mumia must be immediately transferred to General Population.

John Wetzl, Secretary Department of Corrections
2520 Lisburn Road,
P.O. Box 598
Camp Hill, PA 17001-0598
717) 975-4928 Email: ra-contactdoc@pa.gov

2) Write Call Phone and email the Secretary of Corrections

John Kerestes, Superintendent
SCI Mahanoy
301 Morea Road
Frackville, PA 17932
(570) 773-2158
fax 570-783-2008

3) Write Call Phone and email the Philadelphia DA

Seth Williams, DA Philadelphia
Three South Penn Square
Philadelphia, PA 19107-3499
(215) 686-8000
Email: DA_Central@phila.gov

Write to Mumia

Mumia Abu-Jamal
AM 8335
SCI Mahanoy
301 Morea Road
Frackville, PA 17932

1 comment:

Pan-African News Wire said...

NATIONAL CORRESPONDENCE 1/11/12

UPDATED CALL TO ACTION ON MUMIA--PLEASE POST AND DISTRIBUTE THIS CALL ENDORSED BY PAM AFRICA. A NATIONAL EMAIL FROM THE IAC WILL ALSO BE PREPARED BASED ON THIS CALL VERY SOON. PLEASE TEST THE EMAIL ADDRESSES AND PHONE NUMBERS BEFORE DISTRIBUTION.

Call Now! Shut Down Solitary Units. Close Restricted Housing Units. End Torture Blocks.

Demand: That Mumia Abu-Jamal be transferred to General Population! And demand the shutdown of RHU (Restricted Housing Unit) Torture Blocks

Mumia is being kept in solitary in SCI Mahanoy's dungeon. Its restrictions and conditions belie its modern construction. Mumia just told us on Friday [Jan. 6] that he wants all of his supporters to broaden this call, to not just focus on his case, but to understand that all torture units must be shut down.

The Human Rights Coalition is a group of prisoners, family members, and supporters that have been exposing and challenging state torture in Pennsylvania for years. HRC states "Mumia may be in solitary, but he is not alone. The PA Department of Corrections holds approximately 2,500 people in solitary confinement on any given day, many of them for years at a time." Please visit these websites to learn more: Human Rights Coalition http://www.hrcoalition.org and Solitary Watch http://www.solitarywatch.com

Please write, call, and email today! The defeat for the State, having to openly declare that Mumia will live, and the fact that they can no longer legally execute Mumia, has meant a severe backlash. After his transfer off of death row, Mumia was thrown in the hole at SCI Mahanoy.

The prison administration excuse that "paperwork" is holding up his transfer to general population in this medium security prison is transparent. The disinformation is part of the strategy to create confusion and disorient. Make no mistake. These conditions are clearly designed torture. They are being enacted to to silence Mumia and us.

Mumia Abu-Jamal is being held in extremely repressive conditions. And like thousands of prisoners, residents of solitary confinement and isolation units in every hole in every prison across the country, Mumia is being subject to draconian, dehumanizing and brutal conditions. Solitary confinement. He is shackled whenever he is outside his cell, even to the shower. He is shackled around his ankles, waist and wrist. He is shackled while behind Plexiglas during visits. Subject to strip searches before and after visits. Unable to walk freely. Having bits of paper to write notes on, with a rubber flex pen. No shelves, 4 books. No access to news reports, letters delayed. Restricted visiting. Glaring lights on 24 hours a day. Only one brief phone call to his wife. No access to adequate food or commissary. These conditions are worse than death row.

HOW TO TAKE ACTION:

1) Write, Phone, and email the Secretary of Corrections: Demand that Mumia be transferred to General Population! And demand the shutdown of RHU (Restricted Housing Unit) Torture Blocks!

John Wetzl, Secretary Department of Corrections

2520 Lisburn Road, P.O. Box 598 Camp Hill, PA 17001-0598 (717) 975-4928 Email: ra-contactdoc@pa.gov

2) Write, Phone, and email the Superintendent:

John Kerestes, Superintendent

SCI Mahanoy
301 Morea Road
Frackville, PA 17932
(570) 773-2158 Fax: (570) 783-2008

3) Write, Phone, and email the Philadelphia DA. Demand that they petition the court to free Mumia, based on suppression of evidence. They have buried evidence and the truth for 30 years. The police corruption and the frame up of Mumia must be exposed.

Seth Williams, DA Philadelphia

Three South Penn Square
Philadelphia, PA 19107-3499
(215) 686-8000 Email: DA_Central@phila.gov

and finally, send Mumia a note or a card:

Mumia Abu-Jamal
AM 8335
SCI Mahanoy
301 Morea Road
Frackville, PA 17932