Angola 3 News: August 2012

Wednesday, August 22, 2012

Do US Prisons Violate European Human Rights Law? --An interview with Hamja Ahsan and Aviva Stahl

UPDATE: Coverage of the Cage Prisoners event in the UK in October 2012 w/ Robert King: Video and Writeup

Robert H. King of the Angola 3 and Hamja Ahsan in London.

Do US Prisons Violate European Human Rights Law?

--An interview with Hamja Ahsan and Aviva Stahl

By Angola 3 News

On April 10, 2012, the European Court of Human Rights (ECHR) issued judgement in the case of Babar Ahmad and Others v The United Kingdom, thereby making a landmark ruling on the legitimacy of solitary confinement, extreme isolation and life without parole in US supermax prisons (view ECHR press release and ruling). The ECHR denied the appeal filed jointly by six appellants, consisting of four British nationals (Babar Ahmad, Haroon Rashid Aswat, Syed Talha Ahsan, and Mustafa Kamal Mustafa—aka Abu Hamza), an Egyptian national (Adel Abdul Bary) and a Saudi Arabian national (Khaled Al-Fawwaz) who have been imprisoned in the United Kingdom, pending extradition to the United States for alleged terrorism-related activities.

This judgement is now being appealed to the ECHR’s Grand Chamber, with a decision expected in September regarding whether or not the appeal will be heard. Arguing against their extradition to the US, the six appellants have asserted that the risk of imprisonment in the United States (with specific citation of long-term isolation at the notorious federal prison in Colorado, ADX Florence—also the subject of both a June Senate Hearing and a recent civil rights lawsuit initiated by prisoners alleging human rights violations there) would breach their right under Article 3 of the European Convention on Human Rights not to "be subjected to torture or to inhuman or degrading treatment or punishment." Ruling against the appellants, the ECHR argued in their April 10 ruling that isolation in a US Supermax prison is “relative” and will become a violation of Article 3 ECHR (which prohibits torture), only if it extends indefinitely.

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Angola 3 Basics

(Download a flyer version of this fact sheet here.)

41 years ago, deep in rural Louisiana, three young black men were silenced for trying to expose continued segregation, systematic corruption, and horrific abuse in the biggest prison in the US, an 18,000 acre former slave plantation called Angola.

Peaceful, non-violent protest in the form of hunger and work strikes organized by inmates caught the attention of Louisiana’s elected leaders and local media in the early 1970s. They soon called for investigations into a host of unconstitutional and extraordinarily inhumane practices commonplace in what was then the “bloodiest prison in the South.” Eager to put an end to outside scrutiny, prison officials began punishing inmates they saw as troublemakers.

At the height of this unprecedented institutional chaos, Herman Wallace, Albert Woodfox, and Robert King were charged with murders they did not commit and thrown into 6x9 foot solitary cells.

Robert was released in 2001, but Herman and Albert remain in solitary, continuing to fight for their freedom.

Despite a number of reforms achieved in the mid-70s, many officials repeatedly ignore both evidence of misconduct, and of innocence.

The State’s case is riddled with inconsistencies, obfuscations, and missteps. A bloody print at the murder scene does not match Herman, Albert or anyone charged with the crime and was never compared with the limited number of other prisoners who had access to the dormitory on the day of the murder.

Potentially exculpatory DNA evidence has been “lost” by prison officials—including fingernail scrapings from the victim and barely visible “specks” of blood on clothing alleged to have been worn by Albert.

Both Herman and Albert had multiple alibi witnesses with nothing to gain who testified they were far away from the scene when the murder occurred.

In contrast, several State witnesses lied under oath about rewards for their testimony. The prosecution’s star witness Hezekiah Brown told the jury: “Nobody promised me nothing.” But new evidence shows Hezekiah, a convicted serial rapist serving life, agreed to testify only in exchange for a pardon, a weekly carton of cigarettes, TV, birthday cakes, and other luxuries.

“Hezekiah was one you could put words in his mouth,” the Warden reminisced chillingly in an interview about the case years later.

Even the widow of the victim after reviewing the evidence believes Herman and Albert’s trials were unfair, has grave doubts about their guilt, and is calling upon officials to find the real killer.

Albert’s conviction has now been overturned three times, most recently in February of 2013 due to a finding
of racial discrimination in the selection of his grand jury foreperson. The first two times judges cited racial
discrimination, prosecutorial misconduct, inadequate
defense, and suppression of exculpatory evidence.

Herman’s conviction is similarly under Federal Court
scrutiny after a State Judicial Commissioner recommended
reversing his conviction based on new, compelling
evidence exposing prosecutorial misconduct
and constitutional violations.

Meanwhile, Louisiana prison officials refuse to release
them from solitary because “there’s been no rehabilitation”
from “practicing Black Pantherism.”

We believe that only by openly examining the failures and inequities of the criminal justice system in America can we restore integrity to that system.

We must not wait.

We can make a difference.

As the A3 did years before, now is the time to challenge injustice and demand that the innocent and wrongfully incarcerated be freed.

Kenny 'Zulu' Whitmore

“Zulu is a true warrior, Panther, a servant of the people. He has fought a good battle, for so long, unrecognized, unsupported!” --Robert Hillary King

ABOUT ZULU:

I am Kenny Zulu Whitmore. I have been enslaved in one of the most brutal and bloodiest prisons in the USA, Angola, LA, the "last slave plantation". Framed for a murder I never committed I have been in solitary confinement for over 30 years now.....

In December 1973 I was arrested on frivolous charges and held over for a magistrate hearing where a bond would be set. While awaiting my court appearance I found myself in a cage right across from a black man who struck me as a fearsome revolutionary. It turned out to be Herman Wallace. I was impressed with his words of wisdom, which enabled me to better understand the treatment and condition of my community by the police. I felt honored just to have been in his presence. There were others on the unit, but all you could hear was the voice of Herman. We talked all through the night after he learned why I was arrested. He explained that if my concern was to protect the people, my only route of doing so would be to educate myself of the political Kingdom and then organize the people to effectively challenge the ill that cripple the people. I realized my speaking out against drug dealers and police brutality alone would be viewed as a personal war and wouldn't achieve anything.

Herman told me he and others had established a chapter of the Black Panther Party in Angola, to fight against prison corruption. I gave him all my information because what he spoke of was what I needed in my life. I dare say it was my first true political education. The next day I learned he was there on trial for the death of a prison guard. At that time I believed he didn't stand a chance. In the mean time history has proven I was wrong. However, instead of focusing on his trial, he had many questions about community service and conditions. I ended up giving him my name and address. He told me he was officially making me a member of the Angola Chapter of the Black Panther Party. I was very honored but I had no idea what this man expected of me. But I knew about the Panthers and so I went back to the community with the idea of organizing the community against illegal drug trafficking.

On February 19, 1975 I was arrested again. This time charged with two counts of armed robbery of a Zachary shoe store. In June of 1975 all charges were dropped after both victims argued with the judge that I was not the person who did this crime. But I still couldn't go free...

Read more here.

WRITE ZULU:

Kenny Zulu Whitmore,
86468 D/Hawk - 4L
Louisiana State Prison
Angola, LA 70712