Free Speech Society Emergency Bulletin

August 4th 2016 (received August 23rd 2016)

We, Class members of Ashker v. Brown, have been alerted to a contradiction that potentially threatens to disrupt, undermine and compromise everything that we’ve so hard to achieve, and have sacrificed our Lives for, via all three hunger strikes and this is inclusive of all the blood, sweat and tears that our outside supporters (PHSS Coalition, etc.) have put forth, in amplifying our cause, by demanding our human dignity and respect from the California Department of Corrections & rehabititation (CDCr), relative to abolishing their practice of decades of state-based torture!!
In particular, the unlawful warehousing of prisoners in solitary confinement.

It is no secret that CDCr’s, counterintelligence unit(s) (IGI/ISU/OCS) have been plotting revenge on the Class members of Ashker v. Brown, to have us returned to indefinite solitary confinement status since this lawsuit was settted in September of 2015. Therefore, it is reasonable to conclude that it wasn’t a matter of sheer coincidence as we embark upon the one-year anniversary of Brotha Hugo “Yogi Bear” Pinell being assassinated, that the states’ news media apparatuses begin leaking fraudulent reports to the public generated by IGI/ISU/OCS about the BGF plotting to avenge the death of Hugo “Yogi Bear” Pinell.

We have thus far identified multiple media outlets in Califonia, such as ABC channel 7 news in Los Angeles, who are reporting this rhetorical nonsense concocted by IGI/ISU/OCS as if it is actual news – it’s not. They’ve taken the liberty to post these articles on their websites as well, in an attempt to instigate a statewide racial war between different groups. Because of these reports racial tensions may rise, thus making it imperative that we begin to organize and mobilize against this false propoganda now.

We would like to make it absolutely clear to the public: “We Class members of Ashker v. Brown at Kern Valley State Prison (K.V.S.P.) and throughout C.D.C.r. prisons remain committed to our Prisoner Human Rights movement (PHRM),” which entails:

1) Upholding the integrity of our Agreement to End Race Based Hostilities (A.E.H.), by continuing to educate the entire Prisoner Class for purposes of sustaining a concrete understanding of what is required from each individual and/or group formation, relative to our A.E.H., as we adamantly refuse to fall prey to CDCr’s COINTELPRO tactics!!

2) Maintaining our united front, as we collectively recognize that our struggle is far from being over!! As we’re now confronted with a new phase of injustices on these mainlines such as:

A) The arbitrary confiscation of personal property items and manuscripts (especially political and social justice works) during cell searches that are taking place to censor, harass and retaliate against Class members of Ashker v. Brown.

B) The outright, complete and permanent confiscation (i.e., theft) of our incoming and outgoing mail without notice or explanation. This practice has specifically targeted our community development, social analysis and political activist work, striking at the very heart of our free speech rights in a blatant attempt to silence, censor and criminalize our contributions to our ongoing commitment to the Agreement to End Hostilities (AEH) and collective struggle for freedom, justice and human rights. Every effort to institute AEH programs have been criminalized in an effort to penalize us for maintaining our commitment to these principles.

C) Holding our incoming and outgoing mail 3 to 5 weeks before mailing it out, and this includes not giving us “notice” that our mail is being withheld well beyond the 5 days mandated in CCR Title 15 §3133(e).

D) The arbitrary issuance of petty and baseless 115’s [tickets, write ups] specifically targeting our artistic and cultural expression, designed to ultimately return us to indefinite solitary confinement. Artwork and images representative of New Afrikan cultural heritage, which in some instances was produced and/or possessed while we were still in the SHU, and mailed in and out of CDCr facilities with the full knowledge of IGI/ISU, are now being reduced to “STG activity” [Security Threat Group] in a blatant attempt to criminalize our very heritage, cultural identity and freedom of artistic expression.

E) Depriving us of viable job- and vocational training opportunities, which obstruct our ability to attain freedom from state-controlled, capitalist-based, parole boards.

F) Depriving us of our human right to the court-mandated ten (10) hours of outdoor exercise per week. Natural sunlight and fresh air is essential to the proper psychological development of all human beings. We could continue listing several more contradictions, but it would only obscure the focus of this bulletin. We can not afford to wait until we are all back in solitary confinement before the coalition begins mobilizing around this issue, it must be agressively pursued now.

Our objective is clear, in that, “It is with an imperative urgency that we immediately mobilize our PHSS media and legal teams, to identify and expose all of the news media outlets that are involved with this criminal conspiracy – in conjunction with IGI/ISU/OCS – to ignite a state-wide race war in CDCr! We demand that all responsible persons be charged accordingly!”

Tell no lies – claim no easy victories!

Free Speech Society

Kijana Tashiri Askari
s/n M. Harrison
H-54077
KVSP B2-101
P.O. Box 5102
Delano, CA 93216

Abdul Olugbala Shakur
s/n J. Harvey
C-48884
KVSP B2-117
P.O. Box 5102
Delano, CA 93216

Joka Heshima Jinsai
s/n S. Denham
J38283
KVSP B2-117
P.O. Box 5102
Delano, CA 93216

We are asking all supporters and human rights activists to please join the call-in / e-mail campaign to end these abuses and uphold the terms of the Ashker v. Brown Settlement agreement which specifies no retaliation by CDCr or its staff.

Please direct your criticisms and complaints to:

* Deputy Attorney General, Adriano Htvatin (415) 703-1672, Adriano.Htvatin@doj.ca.gov
* Secretary Kernan, CDCr, Sacramento
* Warden (A), KVSP, G. Jaime, via mainline telephone (661) 721-6300
* Chief Deputy warden, KVSP, S. Rimbach, via mainline telephone (661) 721-6300

PLEASE FORWARD a COPY to our Email so that we can send it all to Judge Vadas via the Class Action attorneys, thank you!

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THE FAIRNESS AND RESTORATION ACT OF 2015 (F.R.A. – 2015)

Presented by the Free Speech Society (FSS), Published on June 20th, 2015 in the SF Bay View

THE FAIRNESS AND RESTORATION ACT OF 2015 (F.R.A. – 2015)

  • Introduction

According to the 14th Amendment the government cannot develop or enforce any law which shall abridge the privileges or immunities of citizens of the U.S., nor shall any state deprive any person of life, liberty or property without due process of the law, nor deny to any person within its jurisdiction the equal protection of the law. We as Prisoners did not forfeit our citizenship when we came to prison, or the laws which are designed to protect our basic human rights and dignity.

We understand that being in prison we lose some constitutional guarantees, which encompass equal protection of the law (i.e. Due Process). But when the government enacts a bill/law(s) it must consider whether an individual(s) will be condemned to suffer grievous loss.

So the question posed to the legislative body: when enacting the 1996-Anti-Terrorism And Effective Death penalty Act (AEDPA), did they consider the unique circumstances that have the potential to impede certain classes of Prisoners from complying to the rules/laws changes under the Anti-Terrorism And Effective Death Penalty Act (AEDPA)?

The 5th and 14th Amendments prohibit the government from depriving persons of life, liberty or property without due process of the law, and the two primary factors in determining clear due process violation:

  • Whether a liberty or property interest is involved, and
  • Whether procedural safeguards are constitutionally sufficient to protect against any unjustified deprivations.

The Anti-Terrorism And Effective Death Penalty Act-1996 (AEDPA-1996) implementation and enforcement was a clear procedural deprivation of our rights under the 5th and 14th Amendments.

Denying relief due to a plea of ignorance of the law defense is a common practice the courts often employed. But those of us who are being housed in isolation/solitary confinement, we have a legitimate claim of ignorance of the law, due to our restrictive custody, we have limited access to critical law changes or court decisions, and the security housing units (SHU) at both Pelican Bay and Corcoran State Prisons are not required by law nor obligated to individually inform those Prisoners being housed in isolation/solitary confinement of any law changes that can have a significant impact on their confinement. Due to our physical restrictions, our access to obtain law changes are “very” limited.

The enactment of the AEDPA-1996 was clear liberty interest for all Prisoners (especially those being housed in solitary confinement): the government should have required that the Department of Corrections/Bureau of Prisons (CDC/BOP) inform their Prisoners of the law changes, instead of leaving it up to a game of chance, especially due to the severe penalty involved for failing to comply to the law changes.

The government’s failure to require that the CDC/BOP inform their Prisoners in isolation/solitary confinement of the AEDPA, violated both our Fifth and Fourteenth Amendment rights. We were deprived of equal relief due to our alleged failure to comply to the AEDPA one year toll rule without considering our unique circumstances of being in isolation/solitary confinement which restricts our capacity to access court decisions, and new law-/bill-enactments.

The government did not even consider our capacity to access the AEDPA-1996, their deliberate indifference towards our unique circumstances denied us life, liberty or property without due process of the law. I ask, if we are not in a position to access this information (i.e. AEDPA-1996) and the CDC/DOC/BOP are not required to individually inform us of the law(s) and how that law(s) can and will directly impact us, how does the court expect us to comply to the law? To be more specific: Pelican Bay and CSP-Corcoran made no efforts to accommodate those of us being housed inside their secure housing units (i.e. isolation/solitary confinement), many of us do not even have TV’s, and no other way to obtain info as it pertains to new laws that may and/or will effect us.

I reiterate, if we are not provided sufficient access to the law, then how are we expected to comply to the law(s)? Our ignorance in this matter is not an excuse, but a legitimate due process/equal protection interest.

We only seek fairness and justice; the attorney general’s offices and all prosecutors/district attorneys have been given an unfair advantage. All relevant law changes are readily available for the attorney general and all prosecution offices. This is a clear injustice, and being treated as if we are on equal terms with the attorney general’s offices/district attorney’s offices.

This is unfair and a violation of our Fifth and Fourteenth Amendment Rights!

Abdul Olugbala Shakur
Aka J. Harvey
Freespeechsociety.org / Freespeechsociety [at] gmail.com

Abdul Olugbala Shakur
s/n James Harvey
C-48884
KVSP B2-117
P.O. Box 5102
Delano, CA 93216

PDF


FAIRNESS AND RESTORATION ACT-2015

This restoration act is about restoring fairness and justice to those who were denied by the government enactment of the AEDPA-1996; there were a number of class Prisoners who were not able to comply to the AEDPA to no fault of their own. This Act of Restoration is specifically for those class of Prisoners. They represent a unique circumstance(s) which had complying to the law changes, these class of Prisoners fall under the following criteria:

1] Those Prisoners who were housed in the Security Housing Unit (SHU) at Pelican Bay State Prison, CSP-Corcoran, CCI-Tehachapi, and New Folsom prisons, as well as in Administrative Segregation between 1996-1997.

2] Those Prisoners who were under chronic health care between 1996-1997.

3] Those Prisoners identified as functional illiterate between 1996-1997.

4] Those Prisoners identified as mentally ill.

Note: The above criteria served as legitimate obstacles impeding our capacity to comply to the AEDPA-1996, being that we were not provided sufficient access to the law changes.


ARTICLES

ARTICLE ONE: Those Prisoners who fall under criteria 1 and 2, and provided that their federal writ was denied on grounds of AEDPA violation, and that the violation did not exceed one (1) year, and they were actively involved in the appeal process shall be given another opportunity to resubmit their federal writ with an appointed counsel.

ARTICLE TWO: Those Prisoners who fall under criteria 3 and 4 shall be appointed counsel due to their inability to represent themselves or fully comprehend the law.

ARTICLE THREE: Starting January 1st 2016/2017 the DOC/BOP will be required by law to inform their prison population of any and all laws/bills that will and can have a direct impact on their confinement.