Reportback on Albert Woodfox’s Sept. 2 Oral Arguments at US Fifth Circuit Court of Appeals

IN THE NEWS:  NOLA Times Picayune (1, 2) II  The Advocate  II  Shreveport Times  II  ABC / AP  II  WRAL / AP   II  Toronto Sun / Reuters  II  Second Reuters article

(PHOTO: A3 supporters outside of the US Fifth Circuit Court of Appeals in New Orleans this morning at Albert Woodfox’s oral arguments. Big Thanks to everyone that made it out!!)

This morning, Amnesty International USA released the following statement, reprinted in full.

Please check back here for more updates later in the day. See also our Facebook and Twitter pages.

Amnesty International USA Statement on Ongoing Incarceration of Albert Woodfox

Today, the U.S. Court of Appeals for the Fifth Circuit in New Orleans heard oral argument in Albert Woodfox vs. Burl Cain. A three-judge panel will decide whether Louisiana prisoner Albert Woodfox should be granted unconditional release or face a third trial after spending more than four decades in solitary confinement. 

U.S. District Judge James Brady ordered Woodfox’s unconditional release in June, overturning his conviction and barring the state from retrying him. The state of Louisiana appealed the ruling and moved to keep Woodfox behind Jasmine Heiss, Senior Campaigner for Amnesty International USA’s Individuals at Risk program, attended the oral argument and issued the following statement:

“Today, Albert Woodfox remains doubly trapped — both in solitary confinement and in a deeply flawed legal process that has spanned four decades. Judge Brady’s writ of unconditional release should have been the final chapter in Albert’s 43-year nightmare. Now we can only hope that the courts will finally provide Albert some measure of justice.

“The question remains – why has Louisiana Attorney General Buddy Caldwell relentlessly pursued Albert Woodfox? It is time for the Attorney General to act in the name of justice rather than vengeance and stop standing in the way of Albert’s release.”

Panthers in the Hole: French Angola 3 Book Illustrates US Prison Crisis –An interview with Nicolas Krameyer of Amnesty International France

(You can buy Panthers in the Hole, the new graphic novel about the Angola 3 here.)

Panthers in the Hole: French Angola 3 Book Illustrates US Prison Crisis

–An interview with Nicolas Krameyer of Amnesty International France
By Angola 3 News
Amnesty International France and La Boîte à Bulles have published a 128-page French language graphic novel entitled Panthers in the Hole. The book’s co-authors David Cénou and Bruno Cénou present with visual art what Amnesty France describes as “la tragique histoire des Trois d’Angola” (the tragic story of the Angola 3).

Robert H. King, Herman Wallace, and Albert Woodfox are the trio of Black Panther political prisoners known collectively as the Angola 3. On October 1, 2013 Herman Wallace was dramatically released from prison after 41 years in solitary confinement. At the time of his release, he had been fighting terminal liver cancer for several months. Three days later, on Oct. 4, Herman was surrounded by loved ones as he passed on at a friend’s house in New Orleans, Louisiana.

Albert Woodfox remains in solitary confinement to this day and with only temporary respite from routine body cavity searches pending an upcoming ruling by the US Fifth Circuit Court of Appeals. On April 17, 2014, marking 42 years since Albert Woodfox was first placed in solitary,  Amnesty International renewed its call for his immediate release (view Amnesty’s statement and essay) and today continues their online campaign (sign the petition here).

Robert King spent 29 years in continuous solitary confinement until his conviction was overturned and he was released from Louisiana’s infamous Angola State Prison in 2001. Himself the subject of a recent Canadian film, King spoke in Paris, France this past May at an event celebrating the release of Panthers in the Hole and has traveled Europe many times while on earlier speaking tours.

To further discuss the release of Panthers in the Hole and Amnesty France’s broader support for Albert Woodfox and the Angola 3, we interviewed Nicolas Krameyer, who is head of the Individuals at Risk / Human Rights Defenders Program for Amnesty International France. A sample of images from Panthers in the Hole are featured throughout the interview.

(PHOTO: Robert King at the Panthers in the Hole book launch in Paris, France organized by Amnesty France. A photo of Albert Woodfox is projected on the screen.)

Angola 3 News:         Can you please tell us about your recent work related to the Angola 3?
Nicolas Krameyer:    Amnesty France has made the Angola 3 (A3) a priority campaign.
We included Albert and Herman’s case as part of our biggest annual event, known as Write for Rights in December 2012. In just a few weeks, at least 50,000 supporters signed the petition for an end to their solitary confinement.
We also organized a solidarity campaign where activists sent Herman and Albert messages of support. The letter-writers quickly received very strong and moving answers from Herman and Albert, which we then shared among other activists.
A few months later, we invited Robert King for a two-week speaking tour in France and Brussels, which gave national media coverage to the A3 and the widespread use of solitary confinement in the USA. Both the A3 case and the issue of solitary confinement were totally unknown to the general public. Even the partners and institutions with whom we normally work on human rights activism were not familiar with these issues.
A3N:   What do you think are the main reasons for the French public’s interest?
NK:     Beside the widespread publicity, I think there are 3 key factors that explain why so many people feel now concerned about the Angola 3 case:
(1) The monstrous nature of the case. There are very few examples in the world of such a blatant human rights violation for such a long period of time: more than 4 decades!
(2) The audience could follow the different steps of the clear campaign of vengeance lead by the local Louisiana authorities, like when the prosecutor appealed Albert’s third overturned conviction, or in October 2013 when the State authorities did their most to impede Herman’s release despite his health. That clearly angered people here in France, and one indicator of this was that journalists were publishing articles every time something new happened, which is quite rare.
(3) Lastly, this has been made possible because of Robert’s presence and strength, which he clearly communicated to all types of audiences, from the media to French officials and activists. 

A3N:   Overall, how do you think Amnesty France’s A3 and anti-solitary campaigning has impacted France?
NK:     Previously, solitary confinement was not really considered a big human rights issue, except for some rare experts or USA specialists here. Guantanamo and death penalty continue to be the two main public topics in regards to human rights violations known in France. The A3 and Robert King gave a face to that common practice of cruel and inhumane treatment in the USA.
Even if we can’t go into details here, we know that probably for first time, French and EU governments officially raised this issue with their US counterparts.

A3N:   Can you tell us more about the new graphic novel, entitled Panthers in the Hole? How has it been received since being released in May?
NK:     The comic book gives the local historical context leading up to the A3’s horrific situation. The historic racism and the political context of the 60’s and 70’s is very present in the book. In short, the content is a mix between Robert’s autobiography and the documentary film In the Land of the Free. However, the authors have also read and researched a lot about Angola prison and the different trial transcripts of the three men.
Visually, I really like how the authors recreated the atmosphere of the 60’s, which gives a special strength to the book. It is a bit as if In the Land of the Free had been covering the past 50 years of the story. Importantly, it also moves a different audience that is not necessarily familiar with human rights issues.
So far, 2 months later, sales have been strong and feedback received from the editor suggests the book has been well received.

A3N:   With over 2.4 million prisoners, today, the US has the highest incarceration rate in the world.  Do you think the crisis of mass incarceration relates to the widespread practice of solitary confinement in US prisons, especially considering that solitary confinement has been shown to increase recidivism rates?
NK:     Amnesty does not take a position on the incarceration rate a nation has. However, the widespread and routine use of long term solitary confinement in the US is not only contrary to international human rights law, as a clear form of inhumane treatment that amounts to torture. It also does contribute to recidivism because it greatly hinders the possibility for a rehabilitation process when the detainee comes out. 

In short, it is not only morally wrong, it is clearly inefficient, and also very expensive.

A3N:   As African American leader Malcolm X was developing his internationalist and anti-capitalist politics in the months leading up to his February 1965 assassination, he spoke about the need to shift from a focus on ‘civil rights’ to one of ‘human rights.’ He announced further that he would be seeking assistance from the United Nations to rectify the human rights abuses being committed by the US government against the African American community. How can international pressure influence a country as powerful as the US, who has openly violated human rights laws and treaties like at the infamous Guantanamo Bay and Bagram prisons that Amnesty International has criticized?
NK:     I would say that the US’ power within the international community presents both a challenge and an opportunity for the international community, or as Robert King would say, the international court of public opinion.
It is a challenge because many nations don’t want to confront the US on human rights issues. This is true even, and sometimes especially with ‘friends’ and traditional allies like EU countries. It is a shame how EU countries can adopt a double discourse on human rights that varies depending on the nation they have dialogue with. This is despite the fact that as friends and allies of the US, they definitely could use their influence more effectively than other countries.
It is an opportunity because in order to maintain its power, the US needs not only to engage the rest of the world on military or economic levels, but also on what is called “soft power.” This means that for the US to still be considered a leading country, it has also to be recognized for the human rights record they have.
Being isolated on human rights issues or other international issues, being regularly criticized within the intergovernmental bodies or in the international media, is not beneficial to the US as a nation, even if the US media or public opinion does not talk so much about these issues. That’s what happens in a way regarding the death penalty. Being one of the biggest executioners, with only very authoritarian regimes doing the same, is not good for the US image.

A3N:   Shifting focus to France, what types of human rights violations are you currently focusing on within your own country? How widespread are human rights violations in the French criminal justice system? To what extent is prolonged solitary confinement used in France?
NK:     The main human rights violations that we as Amnesty oppose are not in the criminal justice system, although it is clearly not perfect: from what I know from other expert NGOs on the matter, prison conditions in France are a real shame and are regularly criticized by international bodies such as the European Court on human rights.
Impunity for excessive violence or abuses committed by police officers is also a great matter of concern in France.
However, the main issues we as Amnesty have to tackle right now in France, and more generally in Europe, are the rights of migrants. Today in Europe, borders are clearly more important than people’s lives and this policy results in massive human rights violations, including right to life, with migrants dying in the Mediterranean Sea or being held in inhumane detention centers just for trying to escape the problems in their country and for wanting a better life.
Another key focus of ours relates to the discrimination faced by marginalized groups like Muslims and above all, rights of Roma communities.

A3N:   As activists, we can often learn important lessons from other communities’ struggles for justice around the world. Based upon your work and victories in France, what is your advice for human rights activists in the US who are working around prison issues?
NK:     It is a very hard question, but I would recommend inviting activists and specialists from other countries and other contexts to share their best practices and experiences with US activists.  This helps to see the common aspects of the fight and what worked well. It also helps to identify what is specific to your own local context and what therefore has to be addressed specifically in your community.
A3N:   Any closing thoughts?
NK:     Free Albert!

–Angola 3 News is a project of the International Coalition to Free the Angola 3. Our website is www.angola3news.com where we provide the latest news about the Angola 3. We are also creating our own media projects, which spotlight the issues central to the story of the Angola 3, like racism, repression, prisons, human rights, solitary confinement as torture, and more.

Panthers in the Hole: French Angola 3 Book Illustrates US Prison Crisis –An interview with Nicolas Krameyer of Amnesty International France

(You can buy Panthers in the Hole, the new graphic novel about the Angola 3 here.)

Panthers in the Hole: French Angola 3 Book Illustrates US Prison Crisis

–An interview with Nicolas Krameyer of Amnesty International France
By Angola 3 News
Amnesty International France and La Boîte à Bulles have published a 128-page French language graphic novel entitled Panthers in the Hole. The book’s co-authors David Cénou and Bruno Cénou present with visual art what Amnesty France describes as “la tragique histoire des Trois d’Angola” (the tragic story of the Angola 3).

Robert H. King, Herman Wallace, and Albert Woodfox are the trio of Black Panther political prisoners known collectively as the Angola 3. On October 1, 2013 Herman Wallace was dramatically released from prison after 41 years in solitary confinement. At the time of his release, he had been fighting terminal liver cancer for several months. Three days later, on Oct. 4, Herman was surrounded by loved ones as he passed on at a friend’s house in New Orleans, Louisiana.

Albert Woodfox remains in solitary confinement to this day and with only temporary respite from routine body cavity searches pending an upcoming ruling by the US Fifth Circuit Court of Appeals. On April 17, 2014, marking 42 years since Albert Woodfox was first placed in solitary,  Amnesty International renewed its call for his immediate release (view Amnesty’s statement and essay) and today continues their online campaign (sign the petition here).

Robert King spent 29 years in continuous solitary confinement until his conviction was overturned and he was released from Louisiana’s infamous Angola State Prison in 2001. Himself the subject of a recent Canadian film, King spoke in Paris, France this past May at an event celebrating the release of Panthers in the Hole and has traveled Europe many times while on earlier speaking tours.

To further discuss the release of Panthers in the Hole and Amnesty France’s broader support for Albert Woodfox and the Angola 3, we interviewed Nicolas Krameyer, who is head of the Individuals at Risk / Human Rights Defenders Program for Amnesty International France. A sample of images from Panthers in the Hole are featured throughout the interview.

(PHOTO: Robert King at the Panthers in the Hole book launch in Paris, France organized by Amnesty France. A photo of Albert Woodfox is projected on the screen.)

Angola 3 News:         Can you please tell us about your recent work related to the Angola 3?
Nicolas Krameyer:    Amnesty France has made the Angola 3 (A3) a priority campaign.
We included Albert and Herman’s case as part of our biggest annual event, known as Write for Rights in December 2012. In just a few weeks, at least 50,000 supporters signed the petition for an end to their solitary confinement.
We also organized a solidarity campaign where activists sent Herman and Albert messages of support. The letter-writers quickly received very strong and moving answers from Herman and Albert, which we then shared among other activists.
A few months later, we invited Robert King for a two-week speaking tour in France and Brussels, which gave national media coverage to the A3 and the widespread use of solitary confinement in the USA. Both the A3 case and the issue of solitary confinement were totally unknown to the general public. Even the partners and institutions with whom we normally work on human rights activism were not familiar with these issues.
A3N:   What do you think are the main reasons for the French public’s interest?
NK:     Beside the widespread publicity, I think there are 3 key factors that explain why so many people feel now concerned about the Angola 3 case:
(1) The monstrous nature of the case. There are very few examples in the world of such a blatant human rights violation for such a long period of time: more than 4 decades!
(2) The audience could follow the different steps of the clear campaign of vengeance lead by the local Louisiana authorities, like when the prosecutor appealed Albert’s third overturned conviction, or in October 2013 when the State authorities did their most to impede Herman’s release despite his health. That clearly angered people here in France, and one indicator of this was that journalists were publishing articles every time something new happened, which is quite rare.
(3) Lastly, this has been made possible because of Robert’s presence and strength, which he clearly communicated to all types of audiences, from the media to French officials and activists. 

A3N:   Overall, how do you think Amnesty France’s A3 and anti-solitary campaigning has impacted France?
NK:     Previously, solitary confinement was not really considered a big human rights issue, except for some rare experts or USA specialists here. Guantanamo and death penalty continue to be the two main public topics in regards to human rights violations known in France. The A3 and Robert King gave a face to that common practice of cruel and inhumane treatment in the USA.
Even if we can’t go into details here, we know that probably for first time, French and EU governments officially raised this issue with their US counterparts.

A3N:   Can you tell us more about the new graphic novel, entitled Panthers in the Hole? How has it been received since being released in May?
NK:     The comic book gives the local historical context leading up to the A3’s horrific situation. The historic racism and the political context of the 60’s and 70’s is very present in the book. In short, the content is a mix between Robert’s autobiography and the documentary film In the Land of the Free. However, the authors have also read and researched a lot about Angola prison and the different trial transcripts of the three men.
Visually, I really like how the authors recreated the atmosphere of the 60’s, which gives a special strength to the book. It is a bit as if In the Land of the Free had been covering the past 50 years of the story. Importantly, it also moves a different audience that is not necessarily familiar with human rights issues.
So far, 2 months later, sales have been strong and feedback received from the editor suggests the book has been well received.

A3N:   With over 2.4 million prisoners, today, the US has the highest incarceration rate in the world.  Do you think the crisis of mass incarceration relates to the widespread practice of solitary confinement in US prisons, especially considering that solitary confinement has been shown to increase recidivism rates?
NK:     Amnesty does not take a position on the incarceration rate a nation has. However, the widespread and routine use of long term solitary confinement in the US is not only contrary to international human rights law, as a clear form of inhumane treatment that amounts to torture. It also does contribute to recidivism because it greatly hinders the possibility for a rehabilitation process when the detainee comes out. 

In short, it is not only morally wrong, it is clearly inefficient, and also very expensive.

A3N:   As African American leader Malcolm X was developing his internationalist and anti-capitalist politics in the months leading up to his February 1965 assassination, he spoke about the need to shift from a focus on ‘civil rights’ to one of ‘human rights.’ He announced further that he would be seeking assistance from the United Nations to rectify the human rights abuses being committed by the US government against the African American community. How can international pressure influence a country as powerful as the US, who has openly violated human rights laws and treaties like at the infamous Guantanamo Bay and Bagram prisons that Amnesty International has criticized?
NK:     I would say that the US’ power within the international community presents both a challenge and an opportunity for the international community, or as Robert King would say, the international court of public opinion.
It is a challenge because many nations don’t want to confront the US on human rights issues. This is true even, and sometimes especially with ‘friends’ and traditional allies like EU countries. It is a shame how EU countries can adopt a double discourse on human rights that varies depending on the nation they have dialogue with. This is despite the fact that as friends and allies of the US, they definitely could use their influence more effectively than other countries.
It is an opportunity because in order to maintain its power, the US needs not only to engage the rest of the world on military or economic levels, but also on what is called “soft power.” This means that for the US to still be considered a leading country, it has also to be recognized for the human rights record they have.
Being isolated on human rights issues or other international issues, being regularly criticized within the intergovernmental bodies or in the international media, is not beneficial to the US as a nation, even if the US media or public opinion does not talk so much about these issues. That’s what happens in a way regarding the death penalty. Being one of the biggest executioners, with only very authoritarian regimes doing the same, is not good for the US image.

A3N:   Shifting focus to France, what types of human rights violations are you currently focusing on within your own country? How widespread are human rights violations in the French criminal justice system? To what extent is prolonged solitary confinement used in France?
NK:     The main human rights violations that we as Amnesty oppose are not in the criminal justice system, although it is clearly not perfect: from what I know from other expert NGOs on the matter, prison conditions in France are a real shame and are regularly criticized by international bodies such as the European Court on human rights.
Impunity for excessive violence or abuses committed by police officers is also a great matter of concern in France.
However, the main issues we as Amnesty have to tackle right now in France, and more generally in Europe, are the rights of migrants. Today in Europe, borders are clearly more important than people’s lives and this policy results in massive human rights violations, including right to life, with migrants dying in the Mediterranean Sea or being held in inhumane detention centers just for trying to escape the problems in their country and for wanting a better life.
Another key focus of ours relates to the discrimination faced by marginalized groups like Muslims and above all, rights of Roma communities.

A3N:   As activists, we can often learn important lessons from other communities’ struggles for justice around the world. Based upon your work and victories in France, what is your advice for human rights activists in the US who are working around prison issues?
NK:     It is a very hard question, but I would recommend inviting activists and specialists from other countries and other contexts to share their best practices and experiences with US activists.  This helps to see the common aspects of the fight and what worked well. It also helps to identify what is specific to your own local context and what therefore has to be addressed specifically in your community.
A3N:   Any closing thoughts?
NK:     Free Albert!

–Angola 3 News is a project of the International Coalition to Free the Angola 3. Our website is www.angola3news.com where we provide the latest news about the Angola 3. We are also creating our own media projects, which spotlight the issues central to the story of the Angola 3, like racism, repression, prisons, human rights, solitary confinement as torture, and more.

Letter to US DOJ by Reps. Richmond, Conyers, Nadler, and Scott Calls for Investigation into Louisiana Prisons; Cites Angola 3

RELATED:  Times Picayune article II  Solitary Watch article
 
Below is the full text of the letter to the US Department of Justice and the accompanying press release issued today (view a PDF of the original letter).


For Immediate Release
Date: Friday, July 12, 2013
Contact: Andrew Schreiber (Conyers) – 202-225-6906
John Doty (Nadler) – 202-225-5635
David Dailey (Scott) – 202-225-8351
Monique Waters (Richmond) – 202-225-6636

           
Reps. Richmond, Conyers, Nadler, and Scott Lead Letter Calling for Investigation into Several Louisiana Prison Facilities

(WASHINGTON) – Today, Congressman John Conyers, Jr. (D-Mich.), Ranking Member of the full U.S. House Judiciary Committee, Congressman Jerrold Nadler (D-N.Y.), Ranking Member of the Subcommittee on the Constitution and Civil Justice, Congressman Robert C. “Bobby” Scott (D-Va.), Ranking Member of the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, and Congressman Cedric Richmond (D-La.) sent a letter to the Department of Justice’s Assistant Attorney General for Civil Rights Thomas Perez calling for investigations into the alarming conditions in several Louisiana state prison facilities. Specifically, the Members expressed deep concern that the Louisiana Department of Corrections has, “engaged in a pattern or practice of violations of the United States Constitution and federal law in its use of such confinement and detention practices.” In the letter the Representatives urge the Attorney General to begin an investigation into the use of solitary confinement, and other troubling detention practices, in numerous Louisiana prison facilities, especially in the Louisiana State Penitentiary at Angola, Louisiana.

The full version of the letter transmitted to the Department of Justice can be found below:


July 12, 2013





Honorable Thomas E. Perez
Assistant Attorney General for Civil Rights
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530

Dear Assistant Attorney General Perez:

Under the authority granted to the Attorney General pursuant to the Civil Rights of Institutionalized Prisoners Act (“CRIPA”), 42 U.S.C. § 1997, we urge you to begin an in depth investigation into the egregious and extensive use of solitary confinement and other troubling detention practices in various Louisiana prison facilities, especially the Louisiana State Penitentiary at Angola, Louisiana (“Angola”).  We have reason to believe that the Louisiana Department of Corrections (“Louisiana DOC”) has engaged in a pattern or practice of violations of the United States Constitution and federal law in its use of such confinement and detention practices. We believe that an investigation of conditions at Angola and other facilities under the control of the Louisiana DOC could yield evidence of knowing violations of the 14th Amendment Due Process Clause, the 8th Amendment Cruel and Unusual Punishments Clause, as well as numerous additional violations of prisoners’ statutory and constitutional rights.  

The Louisiana DOC has an abysmal history of protecting the rights of its prisoners, and the tragic story of the Angola 3 is a case in point.  Herman Wallace and Albert Woodfox were charged with murder and convicted with evidence that has been called into question by numerous courts and stakeholders, including the victim’s wife. Another inmate, Robert King, was also subjected to decades of isolation after a wrongful conviction. His conviction was overturned and he was released in 2002.  Although held in isolation for being a purported threat to prison security, since his release he has toured the world speaking about his ordeal in isolation, and he was recently awarded an honorary Ph.D. from Cambridge University in England.  

Since their convictions (which are currently under review in federal court), Woodfox and Wallace have endured over four decades of isolation.  This is an unprecedented period of time by any standard, and quite possibly the longest any person has spent in solitary confinement worldwide.  Within the last five years, Woodfox and Wallace have been transferred from Angola to other facilities in the Louisiana prison system, including the David Wade Correctional Center (“Wade”) and the Evalyn Hunt Correctional Center (“Hunt”), where we understand the very same complained-of constitutional and statutory violations have been perpetuated.  We understand that upon their transfers, brand new Closed Cell Restricted (“CCR”) tiers were created at these facilities, and additional inmates are now also confined on these tiers.  We have reason to believe that, as at Angola, many of the inmates housed in the CCR tiers of Hunt and Wade suffer from mental health and other serious illnesses.  Woodfox and Wallace continue to be held apart from the general prison population, to the detriment of their mental and physical health.

Indeed, after years of what we have been informed was sub-standard medical care, Herman Wallace was diagnosed just weeks ago with liver cancer.  We have heard that he lost over 50 pounds within 6 months.  Despite that dramatic weight loss, and at 72 years old, the prison did nothing to treat or diagnose him until he was sent to an emergency room on June 14.   Given the late stage of his diagnosis, his treatment options are now limited.  He is frail and ill, but is still being treated as if he is a threat to security, and we hear that he remains under lockdown conditions. This is unconscionable.

We also have reason to believe that at the Wade facility, 68-year-old Woodfox, and all CCR inmates there, are being subjected to daily strip searches whenever they enter or exit their cells, even when there is no basis or reasonable suspicion that they might be in possession of contraband.  We have been told that even when Woodfox is removed from his cell to go to the exercise yard, where he is being kept under surveillance of guards and apart from any other inmates or prison visitors, he is strip searched when he leaves his cell and upon return.  

Moreover, we have reason to believe that the Louisiana DOC continues to knowingly engage in behavior that violates the due process rights of inmates held in solitary confinement.  The requirements of the 14th Amendment Due Process Clause call for periodic, meaningful hearings on the question of whether a prisoner should be held for continued closed cell restriction.  Yet, we are told that in many Louisiana DOC facilities, officials orchestrate sham 90-day reviews that take no consideration of a prisoner’s conduct while he was in solitary or the prisoner’s state of mind, and do not attempt to determine, by any defined standard, whether the prisoner should be released to a less restrictive cellblock or dormitory.  We have been informed that there may be more than 100 inmates who have been subjected to these fictitious reviews.

In addition to the above-detailed due process violations, this use of prolonged isolation over a period of 40 years at Angola and other Louisiana DOC facilities is indicative of cruel and unusual punishment, and its blatant and persistent use suggests that this practice is pervasive and not confined to the Angola 3. We have reason to believe that there are other inmates who have received less attention from the press who have also been subject to such onerous, punitive periods of isolation.

We do not allege these apparently unconstitutional patterns and practices lightly. Over the past 6 years we have engaged officials, inmates and stakeholders in conversations about conditions at the prison, and most of what we have heard is alarming.  Recently, lawyers representing inmates on Angola’s death row filed suit in federal court alleging that the conditions of confinement there are inhumane because the tiers are not air-conditioned, and the heat index goes as high as 195 degrees Fahrenheit in summer months.  On July 2, 2013, Chief U.S. District Court Judge Brian Jackson in the Middle District of Louisiana issued an order in that case directing that temperature data be collected for 21 straight days in advance of an evidentiary hearing set for August 5.  Just as with the death row at Angola, the CCR tiers at Angola, Wade and Hunt have no air-conditioning in the scorching Louisiana summer heat.

Finally, we have reason to believe that Louisiana DOC employees have colluded with persons from the Office of the Louisiana Attorney General to fabricate violations of prison rules to unjustifiably punish inmates. Significant issues also exist related to prisoners’ personal safety, unhealthy environmental conditions, inhumane sanitary conditions and excessive use of force by prison staff.  We have been told that e-mails between the Louisiana Attorney General’s office and Louisiana DOC employees document that, in the Fall of 2008, staff of the Attorney General’s office and Angola prison “joined forces,” as a February 10, 2010 Order of the federal District Court describes it, to search a year’s-worth of Wallace and Woodfox’s recorded phone calls for “‘sufficient justification for stiff disciplinary action.’”  Wilkerson v. Stalder, No. 00-304 (M.D.La.) (Doc. No. 374 at 9, 10).  This search coincided with proceedings related to Woodfox’s motion for bail after he was granted habeas relief by the federal District Court which was later overturned by a split Fifth Circuit panel.  We are told that as a result of their efforts to find pretextual disciplinary violations—which involved staff of the Attorney General’s office requesting and listening to privileged attorney-client calls—Wallace and Woodfox were written up for phone call violations; sentenced to a removal from the dormitory setting where they had peacefully resided for eight months; and placed back into isolation, where they remain today.    

In this day and age, the federal government simply cannot abide unconstitutional behavior of this magnitude from those who run corrections facilities. It simply cannot be that in this country, a state can subject men to inhumane solitary confinement conditions, for decades on end, with no standards for the review procedures in place to ensure that such profoundly harsh confinement is justified, without intervention by our federal government.  As the Supreme Court found in Brown v. Plata, “prisoners retain the essence of human dignity inherent in all persons.”  

In this spirit, we ask that the Civil Rights Division’s Special Litigation Section use the Department’s statutory CRIPA authority to investigate and ultimately take all appropriate action to ensure that Louisiana’s prison system fully complies with the mandates of the Constitution and all applicable statutes.  The Division’s work in the Orleans Parish Prison and St. Tammany Parish Jail cases have sent a strong signal that the Department is serious about its obligation to protect the rights of institutionalized persons in the State of Louisiana.  The situation at Angola, especially the treatment of the Angola 3, is ripe for investigation and immediate action.  We look forward to your earliest response.


Sincerely,
 
Cedric L. Richmond, Member of Congress
John Conyers Jr., Member of Congress
Jerrold Nadler, Member of Congress
Robert C. “Bobby” Scott, Member of Congress




cc:

Roy Austin, Deputy Assistant Attorney General, Civil Rights Division, Department of Justice

Jocelyn Samuel, Principal Deputy Assistant Attorney General, Civil Rights Division, Department of Justice

Peter J. Kadzik, Principal Deputy Assistant Attorney General, Office of Legislative Affairs, Department of Justice

Jonathan M. Smith, Chief, Civil Rights Division, Special Litigation Section, Department of Justice

The Honorable Bob Goodlatte, Chairman, House Committee on the Judiciary