From Mass Imprisonment to Abolition (USP): Unterschied zwischen den Versionen

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=== The Solitary Renaissance ===
But in the past 25 years, the penal pendulum has swung back toward
But in the past 25 years, the penal pendulum has swung back toward
the practices—absent the theories—that governed the “Philadelphia
the practices—absent the theories—that governed the “Philadelphia
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Friends Service Committee, a Quaker group."
Friends Service Committee, a Quaker group."


=== Prison Varieties ===
The renaissance of solitary confinement can be studied at the '''supermax''' at Florence, Colorado, the A.D.X. Florence, operated by the U.S. Federal Bureau of Prisons. (Most U.S. states also have either a supermax section or an entire supermax prison facility, but the A.D.X. Florence is considered to be on top of them all. A.D.X. Florence has a '''standard supermax''' section where inmates are kept under normal supermax conditions of 23-hour confinement and abridged amenities, and an "ideological" '''ultramax''' part, which features permanent, 24-hour solitary confinement with rare human contacts or opportunity to earn better conditions through good behavior.
====Resort Prisons====
 
[[Datei:Norway Bastøy Prisoner.jpg|500px|right| Resort Prison]]
 
[https://theplaidzebra.com/norways-prison-island-is-treats-inmates-like-theyre-at-a-resort/ Imagine you are a prisoner convicted of murdering a loved one,] you are sentenced and sent to a prison that resides on an island, without being handcuffed, without cameras or weapons, with wooden cottages instead of jail cells, and dinner ranging from chicken to salmon prepared by inmates themselves. At first glance that may seem like a criminal’s distant fantasy, but in Oslo, Bastøy prison—which sits on an island 80 kilometres from Norway—offers a new perspective on how to treat criminals.
 
*[https://www.theguardian.com/society/2013/feb/25/norwegian-prison-inmates-treated-like-people The Norwegian Prison Where Inmates Are Treated Like People (Bastoy)]
 
*[https://www.youtube.com/watch?v=ZCTXFM_raeA Michael Moore on the Prison Island]
 
====Open Prisons====
 
In an open prison (minimum security prison) the prisoners are trusted to serve their sentences with minimal supervision and perimeter security and are not locked up in prison cells. In some countries, they are part of a rehabilitation plan. Prisoners do not have complete freedom and are only allowed to leave the premises for specific purposes, such as going to an outside job. In Germany, some 15% of prisoners are in open prisons.
 
====Max and Supermax====
 
Supermax Prison facilities provide the highest level of prison security. These units hold those considered the most dangerous inmates, as well as inmates that have been deemed too high-profile or too great a national security risk for a normal prison. These include inmates who have committed assaults, murders, or other serious violations in less secure facilities, and inmates known to be or accused of being prison gang members. Most states have either a supermax section of a prison facility or an entire prison facility designated as a supermax. The United States Federal Bureau of Prisons operates a federal supermax, A.D.X. Florence, located in Florence, Colorado, also known as the "Alcatraz of the Rockies" and widely considered to be perhaps the most secure prison in the United States. A.D.X. Florence has a standard supermax section where assaultive, violent, and gang-related inmates are kept under normal supermax conditions of 23-hour confinement and abridged amenities. A.D.X. Florence is considered to be of a security level above that of all other prisons in the United States, at least in the "ideological" ultramax part of it, which features permanent, 24-hour solitary confinement with rare human contacts or opportunity to earn better conditions through good behavior.


*[[Datei:Adx-florence-prison cell 7.jpg|500px|left| A.D.X. Florence Supermax]]
*[[Datei:Adx-florence-prison cell 7.jpg|500px|left| A.D.X. Florence Supermax]]
In a maximum security prison or area (called high security in the federal system), all prisoners have individual cells[106] with sliding doors controlled from a secure remote control station. Prisoners are allowed out of their cells one out of twenty four hours (one hour and 30 minutes for prisoners in California). When out of their cells, prisoners remain in the cell block or an exterior cage. Movement out of the cell block or "pod" is tightly restricted using restraints and escorts by correctional officers.


*[http://sometimes-interesting.com/2011/07/12/the-most-secure-prison-adx-florence/ A.D.X. Florence]:
*[http://sometimes-interesting.com/2011/07/12/the-most-secure-prison-adx-florence/ A.D.X. Florence]:
::ADX Florence is known for its harsh conditions; inmates are kept in solitary confinement for 23 hours a day. The hour they are allowed out is into a bigger cell with vaulted ceilings called the “empty swimming pool.” This room has a 4-inch by 4-foot skylight as the only window. It is designed to prevent the prisoners from knowing where they are, and they still spend this time alone. For at least the first three years, prisoners are not allowed to come into contact with other prisoners at any time – anywhere on the premises. Over time, good behavior can earn inmates more “outside” time, and for the most fortunate a possible transfer back to a less-secure prison can await.
::ADX Florence is known for its harsh conditions; inmates are kept in solitary confinement for 23 hours a day. The hour they are allowed out is into a bigger cell with vaulted ceilings called the “empty swimming pool.” This room has a 4-inch by 4-foot skylight as the only window. It is designed to prevent the prisoners from knowing where they are, and they still spend this time alone. For at least the first three years, prisoners are not allowed to come into contact with other prisoners at any time – anywhere on the premises. Over time, good behavior can earn inmates more “outside” time, and for the most fortunate a possible transfer back to a less-secure prison can await.


*[http://edition.cnn.com/2015/06/25/us/dzhokhar-tsarnaev-supermax-prison/index.html Inmates must wear leg irons], handcuffs and stomach chains when taken outside their cells -- and be escorted by guards. A recreation hour is allowed in an outdoor cage slightly larger than the prison cells. Inside the cage, only the sky is visible. A 2012 class action suit against the Bureau of Prisons said "years of isolation, with no direct, unrestrained contact with other human beings" leave some ADX inmates -- particularly those with serious mental illness -- with "a fundamental loss of even basic social skills and adaptive behaviors." They "predictably find themselves paranoid about the motives and intentions of others." - "Once placed into unrestrained contact with other, similarly impaired and paranoid men, the stress on prisoners -- even those with no mental illness -- can be extreme. Assaults and stabbings are common."
*[http://edition.cnn.com/2015/06/25/us/dzhokhar-tsarnaev-supermax-prison/index.html Inmates must wear leg irons], handcuffs and stomach chains when taken outside their cells -- and be escorted by guards. A recreation hour is allowed in an outdoor cage slightly larger than the prison cells. Inside the cage, only the sky is visible.
 
A 2012 class action suit against the Bureau of Prisons said "years of isolation, with no direct, unrestrained contact with other human beings" leave some ADX inmates -- particularly those with serious mental illness -- with "a fundamental loss of even basic social skills and adaptive behaviors." They "predictably find themselves paranoid about the motives and intentions of others." - "Once placed into unrestrained contact with other, similarly impaired and paranoid men, the stress on prisoners -- even those with no mental illness -- can be extreme. Assaults and stabbings are common."
Many ADX prisoners "interminably wail, scream and bang on the walls of their cells," the lawsuit said. "Some mutilate their bodies with razors, shards of glass, sharpened chicken bones, writing utensils, and whatever other objects they can obtain. A number swallow razor blades, nail clippers, parts of radios and televisions, broken glass, and other dangerous objects."
Many ADX prisoners "interminably wail, scream and bang on the walls of their cells," the lawsuit said. "Some mutilate their bodies with razors, shards of glass, sharpened chicken bones, writing utensils, and whatever other objects they can obtain. A number swallow razor blades, nail clippers, parts of radios and televisions, broken glass, and other dangerous objects."


====Guantanamo and Black Sites====
In a maximum security prison or area (called high security in the federal system), all prisoners have individual cells with sliding doors controlled from a secure remote control station. Prisoners are allowed out of their cells one out of twenty four hours (one hour and 30 minutes for prisoners in California). When out of their cells, prisoners remain in the cell block or an exterior cage. Movement out of the cell block or "pod" is tightly restricted using restraints and escorts by correctional officers.
 
There is also a '''renaissance of torture and secret prisons,''' so-called black sites, often operated by secret services such as the CIA and their counterparts in other countries.
 
*[https://en.wikipedia.org/wiki/Guantanamo_Bay_detention_camp#Criticism_and_condemnation In January 2002], Secretary of Defense Donald Rumsfeld said the prison camp was established to detain extraordinarily dangerous people, to interrogate detainees in an optimal setting, and to prosecute detainees for war crimes. In practice, the site has long been used for indefinite detention without trial.
*[https://en.wikipedia.org/wiki/Guantanamo_Bay_detention_camp#Criticism_and_condemnation In January 2002], Secretary of Defense Donald Rumsfeld said the prison camp was established to detain extraordinarily dangerous people, to interrogate detainees in an optimal setting, and to prosecute detainees for war crimes. In practice, the site has long been used for indefinite detention without trial.


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Lord Steyn called it "a monstrous failure of justice," because "... The military will act as interrogators, prosecutors and defense counsel, judges, and when death sentences are imposed, as executioners. The trials will be held in private. None of the guarantees of a fair trial need be observed."
Lord Steyn called it "a monstrous failure of justice," because "... The military will act as interrogators, prosecutors and defense counsel, judges, and when death sentences are imposed, as executioners. The trials will be held in private. None of the guarantees of a fair trial need be observed."


The New York Times and other newspapers are critical of the camp; columnist Thomas Friedman urged George W. Bush to "just shut it down", calling Camp Delta "... worse than an embarrassment." Another New York Times editorial supported Friedman's proposal, arguing that Guantánamo is part of "... a chain of shadowy detention camps that includes Abu Ghraib in Iraq, the military prison at Bagram Air Base in Afghanistan and other secret locations run by the intelligence agencies" that are "part of a tightly linked global detention system with no accountability in law."
'''Opinions''' about these prisons vary similarly to those expressed in the early 19th century concerning the Philadelphia system. Among politicians, bureaucrats, and the general public, there is a certain contentment about the security level, whereas liberal intellectuals and human rights advocates decry conditions as inhumane. In the 1820s to 1840s, officials (such as Tocqueville and Beaumont) praised the solitary system and politicians adopted it for their territories, and voice like that of Karl Marx or Charles Dickens denouncing the system as hellish remained a minority.


In November 2005, a group of experts from the United Nations Commission on Human Rights called off their visit to Camp Delta, originally scheduled for 6 December, saying that the United States was not allowing them to conduct private interviews with the prisoners. "Since the Americans have not accepted the minimum requirements for such a visit, we must cancel [it]," Manfred Nowak, the UN envoy in charge of investigating torture allegations around the world, told AFP. The group, nevertheless, stated its intention to write a report on conditions at the prison based on eyewitness accounts from released detainees, meetings with lawyers and information from human rights groups.
Today, things resemble those early reactions. There are a few liberal voices against the renaissance of solitary confinement, but as far as Realpolitik is concerned, those facilities are expanding and sometimes even seem to enjoy sufficient popular support.


In February 2006, the UN group released its report, which called on the U.S. either to try or release all suspected terrorists. The report, issued by the Working Group on Arbitrary Detention, has the subtitle Situation of detainees at Guantánamo Bay.  
A New York Times editorial argued that Guantánamo was part of "a chain of shadowy detention camps that includes Abu Ghraib in Iraq, the military prison at Bagram Air Base in Afghanistan and other secret locations run by the intelligence agencies" that are "part of a tightly linked '''global detention system''' with no accountability in law."


In May 2006, the UN Committee Against Torture condemned prisoners' treatment at Guantánamo Bay, noted that indefinite detention constitutes per se a violation of the UN Convention Against Torture, and called on the U.S. to shut down the Guantánamo facility.
In May 2006, the UN Committee Against Torture condemned prisoners' treatment at Guantánamo Bay, noted that indefinite detention constitutes per se a violation of the UN Convention Against Torture, and called on the U.S. to shut down the Guantánamo facility. - N.B.: Michael Lehnert, who as a U.S. Marine Brigadier General helped establish the center and was its first commander for 90 days, has stated that was dismayed at what happened after he was replaced by a U.S. Army commander. Lehnert stated that he had ensured that the detainees would be treated humanely and was disappointed that his successors allowed harsh interrogations to take place. Said Lehnert, "I think we lost the moral high ground. For those who do not think much of the moral high ground, that is not that significant. But for those who think our standing in the international community is important, we need to stand for American values. You have to walk the walk, talk the talk." Even in the earliest days of Guantánamo, I became more and more convinced that many of the detainees should never have been sent in the first place. They had little intelligence value, and there was insufficient evidence linking them to war crimes. That remains the case today for many, if not most, of the detainees.


Michael Lehnert, who as a U.S. Marine Brigadier General helped establish the center and was its first commander for 90 days, has stated that was dismayed at what happened after he was replaced by a U.S. Army commander. Lehnert stated that he had ensured that the detainees would be treated humanely and was disappointed that his successors allowed harsh interrogations to take place. Said Lehnert, "I think we lost the moral high ground. For those who do not think much of the moral high ground, that is not that significant. But for those who think our standing in the international community is important, we need to stand for American values. You have to walk the walk, talk the talk."
Another recent development is the (secretive) establishment of so-called Communication Management Units (CMU) within larger prison facilities. CMUs are a type of self-contained group within a federal prison in the USA that severely restricts, manages and monitors all outside communication (telephone, mail, visitation) of inmates in the unit - have existed since 2006 in the U.S.A.. - Civil liberty and human rights groups immediately questioned the constitutionality and stated that the provisions were so broad that they could be applied to non-terrorists, witnesses and detainees. The bureau appeared to abandon the program, but on December 11, 2006, a Communication Management Unit (CMU) was quietly implemented at Indiana's Federal Correctional Complex, Terre Haute. "From April to June 2010, the Federal Bureau of Prisons (BOP) opened up a period for public comment around the establishment of two Communications Management Units” with several civil rights groups and advocates “coming together to urge the federal Bureau of Prisons to close the experimental prison units.” It is unclear who authorized the program; it was either the Justice Department Office of Legal Counsel, FBOP Director Harley Lappin or Alberto Gonzales, United States Attorney General. It is mainly thanks to investigative journalist Will Potter that part of the public has become aware of these institutions.  


Even in the earliest days of Guantánamo, I became more and more convinced that many of the detainees should never have been sent in the first place. They had little intelligence value, and there was insufficient evidence linking them to war crimes. That remains the case today for many, if not most, of the detainees.
=== Global Varieties of Prisons ===
Supermax and torture sites are not the whole picture. There are also "normal prisons", minimum security prisons, halfway houses, and even prisons, "where inmates are treated as people", sometimes referred to as resort prisons. A famous example is Bastøy prison in Norway (and another one may be the APAC prisons in Brazil).  


====Communication Management Units (CMU)====
[[Datei:Norway Bastøy Prisoner.jpg|500px|right| Resort Prison]]
 
[https://theplaidzebra.com/norways-prison-island-is-treats-inmates-like-theyre-at-a-resort/ Imagine you are a prisoner convicted of murdering a loved one,] you are sentenced and sent to a prison that resides on an island, without being handcuffed, without cameras or weapons, with wooden cottages instead of jail cells, and dinner ranging from chicken to salmon prepared by inmates themselves. At first glance that may seem like a criminal’s distant fantasy, but in Oslo, Bastøy prison—which sits on an island 80 kilometres from Norway—offers a new perspective on how to treat criminals.
 
*[https://www.theguardian.com/society/2013/feb/25/norwegian-prison-inmates-treated-like-people The Norwegian Prison Where Inmates Are Treated Like People (Bastoy)]
 
*[https://www.youtube.com/watch?v=ZCTXFM_raeA Michael Moore on the Prison Island]
 
In an open prison (minimum security prison) the prisoners are trusted to serve their sentences with minimal supervision and perimeter security and are not locked up in prison cells. In some countries, they are part of a rehabilitation plan. Prisoners do not have complete freedom and are only allowed to leave the premises for specific purposes, such as going to an outside job. In Germany, some 15% of prisoners are in open prisons.


Communication management units - a type of self-contained group within a facility in the United States Federal Bureau of Prisons that severely restricts, manages and monitors all outside communication (telephone, mail, visitation) of inmates in the unit - have existed since 2006 in the U.S.A.. - Civil liberty and human rights groups immediately questioned the constitutionality and stated that the provisions were so broad that they could be applied to non-terrorists, witnesses and detainees. The bureau appeared to abandon the program, but on December 11, 2006, a Communication Management Unit (CMU) was quietly implemented at Indiana's Federal Correctional Complex, Terre Haute. "From April to June 2010, the Federal Bureau of Prisons (BOP) opened up a period for public comment around the establishment of two Communications Management Units” with several civil rights groups and advocates “coming together to urge the federal Bureau of Prisons to close the experimental prison units.” It is unclear who authorized the program; it was either the Justice Department Office of Legal Counsel, FBOP Director Harley Lappin or Alberto Gonzales, United States Attorney General.
A global view of the prison systems reveals that the dominant mode of penal confinement is neither the resort prison nor the supermax American style, but what could be termed the phenomenon of '''Destitute-Malignant Prisons'''. They may well dominate the globe and be the most typical prison to await an average prisoner in the world - but they do not figure prominently in prison research or prison publications. What is meant by destitute-malignant can be exemplified with the Black Beach prison in Bioko, Equatorial Guinea.  


====Destitute-Malignant Prisons====
[[Datei:Black Beach Prison Bioko, Equatorial Guinea.jpg|500px|left| Black Beach Prison in Bioko, Equatorial Guinea]]
[[Datei:Black Beach Prison Bioko, Equatorial Guinea.jpg|500px|left| Black Beach Prison in Bioko, Equatorial Guinea]]
The Black Beach Prison in Bioko, Equatorial Guinea is being described as follows: "Brutal and systematic torture are common at one of Africa's most infamous prisons, all for the purpose of breaking the spirits of inmates. Prisoners are often savagely beaten, then denied medical attention. They're provided with laughable excuses for meals; some inmates starve to death. Disease spreads easily because prisoners are not given the opportunity to properly clean themselves. Prisoners are kept inside of their cells, shackles and all, for most of the day, another form of psychological and physical torture. A number of the prisoners kept at Black Beach were members of a 2004 failed coup d'état attempt against the President of Equatorial Guinea, Teodoro Obiang Nguema, former Governor of Black Beach."
The Black Beach Prison in Bioko, Equatorial Guinea is being described as follows: "Brutal and systematic torture are common at one of Africa's most infamous prisons, all for the purpose of breaking the spirits of inmates. Prisoners are often savagely beaten, then denied medical attention. They're provided with laughable excuses for meals; some inmates starve to death. Disease spreads easily because prisoners are not given the opportunity to properly clean themselves. Prisoners are kept inside of their cells, shackles and all, for most of the day, another form of psychological and physical torture. A number of the prisoners kept at Black Beach were members of a 2004 failed coup d'état attempt against the President of Equatorial Guinea, Teodoro Obiang Nguema, former Governor of Black Beach."


Prison as Hell: Early Critique and Demand for Abolition


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