Herman Wallace, RIPSunrise: October 13, 1941Sunset: October 4, 2013What an unbelievable, surreal, momentous, and historic week it has been with Herman’s amazing release after 42 years, the State’s vindictive last ditch attempt of a reindictment, and …
Reprinted below is a new statement released today by the Office of the United Nations High Commissioner for Human Rights, demanding Albert Woodfox’s immediate released from solitary confinement.
US: “Four decades in solitary confinement can only be described as torture” – UN rights expert
Mr. Woodfox was convicted of murder together with Herman Wallace, who was released last week when his conviction was overturned on appeal. A day later, on 2 October, Mr. Wallace died after battling cancer, having spent 41 years in solitary confinement.
“This is a sad case and it is not over” stressed Mr. Méndez. “The co-accused, Mr. Woodfox, remains in solitary confinement pending an appeal to the federal court and has been kept in isolation in a 8-foot-by-12 foot (2.5 x 3.5 m. Approx.) cell for up to 23 hours per day, with just one hour of exercise or solitary recreation.”
“Keeping Albert Woodfox in solitary confinement for more than four decades clearly amounts to torture and it should be lifted immediately,” said Mr. Méndez, who has repeatedly urged the US Government to abolish the use of prolonged or indefinite solitary confinement. “I am deeply concerned about his physical and mental condition.”
“The circumstances of the incarceration of the so-called Angola Three clearly show that the use of solitary confinement in the US penitentiary system goes far beyond what is acceptable under international human rights law,” the independent investigator on torture and other cruel, inhuman or degrading treatment or punishment noted.
Mr. Méndez welcomed the federal court ruling of 1 October 2013, but noted that the use of solitary confinement and its negative effects on inmates is widespread throughout the US penitentiary system.
“Persons held in solitary confinement should always be allowed to challenge the reasons and the length of the regime, and should always have access to legal counsel and medical assistance,” Mr. Méndez said.
The human rights expert urged the US Government to adopt concrete measures to eliminate the use of prolonged or indefinite solitary confinement under all circumstances.
“I call for an absolute ban of solitary confinement of any duration for juveniles, persons with psychosocial disabilities or other disabilities or health conditions, pregnant women, women with infants and breastfeeding mothers as well as those serving a life sentence and prisoners on death row,” he said.
The Special Rapporteur addressed the issue of solitary confinement in the US in his 2011 report* to the UN General Assembly and in numerous communications to the Government. He has also repeatedly requested an invitation to carry out a visit to the country, including state prisons in California, but so far has not received a positive answer.
“It is about time to provide the opportunity for an in situ assessment of the conditions in US prisons and detention facilities,” Mr. Méndez reiterated.
Juan E. Méndez (Argentina) was appointed by the UN Human Rights Council as the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on 1 November 2010. He is independent from any government and serves in his individual capacity. Mr. Méndez has dedicated his legal career to the defense of human rights, and has a long and distinguished record of advocacy throughout the Americas. He is currently a Professor of Law at the American University – Washington College of Law and Co-Chair of the Human Rights Institute of the International Bar Association. Mr. Méndez has previously served as the President of the International Center for Transitional Justice (ICTJ) until 2009, and was the UN Secretary-General Special Advisor on the Prevention of Genocide from 2004 to 2007, as well as an advisor on crime prevention to the Prosecutor, International Criminal Court, between 2009 and 2010. Learn more, log on to: http://www.ohchr.org/EN/Issues/Torture/SRTorture/Pages/SRTortureIndex.aspx
(*) Check the 2011 report on solitary confinement: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N11/445/70/PDF/N1144570.pdf?OpenElement or http://ap.ohchr.org/documents/dpage_e.aspx?m=103
UN Human Rights Country Page – United States of America: http://www.ohchr.org/EN/Countries/ENACARegion/Pages/USIndex.aspx
For more information and media requests, please contact Ms. Sonia Cronin (+41 22 917 91 60 / scronin@ohchr.org).
For media inquiries related to other UN independent experts:
Xabier Celaya, UN Human Rights – Media Unit (+ 41 22 917 9383 / xcelaya@ohchr.org)
HONORING HERMAN: Tribute made to by US Congressmen Conyers, Richmond, and Scott II Mural and Banner in North Carolina II Mumia Abu-Jamal’s Message for Herman’s MemorialHerman Wallace, RIPSunrise: October 13, 1941Sunset: Oc…
–Special thanks to PBS, who is currently honoring Herman by streaming the film Herman’s House. Watch the full movie here.MEDIA COVERAGE: NY Times II Amnesty International II Times-Picayune II The Advocate&nbs…
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| (Herman Wallace, in ambulance after his release.) |
In an article published this evening, Lauren McGaughy of the Times-Picayune cites an announcement by West Feliciana District Attorney Samuel D’Aquilla, that a grand jury has reindicted Wallace. McGaughy writes further that:
George Kendall, one of Wallace’s attorneys, said no one on his legal team was notified of the indictment Thursday. Documents filed in Louisiana’s Middle District on Thursday show D’Aquilla notified the court of his intent to reindict Wallace.
“We have not received any official notification of an indictment, but if it is true, we are shocked that a state grand jury was asked to indict a man who has only days to live,” Wallace’s legal team said in a statement.
Kendall said he was “not surprised” that D’Aquilla didn’t notify Wallace’s legal team, but said the situation is disappointing and unusual.
McGaughy concludes that “the reindictment is largely a political move, as D’Aquilla said he would not ask that Wallace be put back behind bars, and also wouldn’t set a court date until the end of the year..” Read the full article here.
Please check back for an A3 Coalition statement in response to this news.
–Special thanks to PBS, who is currently honoring Herman by streaming the new film Herman’s House, which you can watch, in full, here. MEDIA COVERAGE: Oct. 2 episode of Democracy Now (embedded above) and Amy Goodman’s Truthdig column II&nb…
UPDATE: At the end of the day, Herman was finally released! MEDIA COVERAGE: Times Picayune–Herman Wallace must be released immediately or state will face contempt charge, judge rules II CNN After this morning’s bombs…
UPDATE: The Guardian reports that Louisiana is refusing to release Herman Wallace from prison despite today’s court order. However, Judge Jackson has now responded with a second order to immediately release him, explicitly saying that State authorities…
Times Picayune: Federal Magistrate rules against Herman Wallace’s writ of habeas corpus petition PLEASE TAKE ACTION: Demand Humane Release for Herman! USA, UK, France, Belgium, and elsewhereOn Saturday. August 31st, I was transferred to LSU Hospital fo…
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| (Recent photo of Herman Wallace) |
On the evening of August 20, the Angola 3 legal team filed a request for bail in Herman’s habeas case. This comes only days BEFORE a recommendation is expected from the Magistrate Judge reviewing the case. Judge Jackson has the authority to issue bail at any time while the case is under consideration, but especially when the facts are compelling and failure to release on bail could “leave the petitioner without remedy.”
In addition to an overwhelming body of evidence pointing to actual innocence, his habeas claim presents not one but 4 strong constitutional violations each sufficient on their own to trigger release. According to the prisons own mechanisms of review, he does not pose a danger to himself or others and has not had a disciplinary write up for any incidence of institutional violence in over 30 years. Most crucially at this time, his health continues to deteriorate rapidly, in no small part due to “the sub-standard care of the Louisiana Department of Corrections,” and if bail is denied, he may not survive the weeks or months possibly needed to complete the litigation of his claim, even if the Court rules in his favor.
According to the legal team, this sort of request for bail pending habeas review was once relatively routine 20 years ago but is only very rarely granted now. However, as we all know well, and as the attorneys do an excellent job of summarizing for the Court, Herman’s case is “exceptional,” and “deserving of special treatment in the interests of justice.”
Let us hope Judge Jackson agrees.
We will update you as soon as we hear anything from the Court.