Five detainees suspected of being punished for exercising their legal rights
November 22, 2004
Boston, MA – Several noncitizens who are being detained in the Etowah County jail were placed in isolation shortly after the visit of an external legal team, which came to review detainees’ complaints of abusive treatment. The legal team, which visited the jail on Sunday, October 24th, included representatives from the ACLU’s Immigrant Rights Project, the Stanford University Law School Immigration Clinic, and the National Immigration Project of the National Lawyer’s Guild.
The legal team was encouraged by the willingness of administrators to discuss the detainees’ complaints. They have also been informed, by detainees in the Etowah county jail, that some conditions have improved since their visit—including quality of food and relaxation of security measures for the general population.
Even so, jailhouse officials have not given the legal team an explanation for why the five detainees were singled out for isolation. The legal team also expressed concern that these individuals disappeared from the jailhouse population for several days, before it was finally disclosed that they were being held in isolation.
Malik Ndaula, an intern at the National Immigration Project, suspects that these individuals may have been punished for being among the most vocal members of the detainee population, who have taken steps to litigate their own cases.
Ndaula—a South African national—is a member of the visiting legal team and a former detainee who is personally familiar with several of the detainees in the Etowah County jail, including some of the individuals who are currently in isolation.
One of Ndaula’s primary concerns is insufficient access to legal support. This was a problem that he consistently encountered while he was trying to litigate his own case as a jailhouse lawyer in the Oakdale, Louisiana detention facility. Although Ndaula managed to secure his own release in May of this year, he found that the everyday climate inside detention centers discouraged this activity.
In a recent letter sent to the Etowah County jail, the legal team requested improved access to legal materials for detainees along with
The latter concern, about insufficient medical treatment, was starkly illustrated by the death of an elderly Cuban detainee, which occurred a week before the legal team’s visit. The recently deceased man was a diabetic who used to receive 4 insulin doses a day. Shortly after being transferred to the Etowah county jail, his insulin shots were stopped altogether, and then resumed at a rate of 2 insulin doses a day.
“I’ve heard that he complained of shortness of breath and pains for several days before he finally died of heart failure, and no one listened.” Ndaula explained, “This is a pattern that has occurred with other detainees. In some cases, the system is just trying to save money by limiting what it sees as expensive or overly indulgent treatment. In other cases, it’s punishment for being seen as a trouble-maker”.
Ndaula is hopeful about the recent improvements in treatment that have been reported by the general detainee population, but he notes that there still has been no evidence of improvements in medical service delivery that contributed to the death of the Cuban detainee. The treatment of the five detainees held in isolation also gives Ndaula, and the other members of the legal team, cause for concern that jailhouse guards and administrators are punishing detainees who are trying to exercise their legal rights.
Ndaula explains that, “Although they are being housed in jails and prisons, these are all people who have already served their time, in most cases for minor offenses. And then you have detainees who have committed no crimes—either they’ve overstayed their visa or they’ve come looking for political asylum and get stuck in detention. Guards and wardens seem to think they’re doing something wrong just because they want to find about their case or want to talk to legal counsel who really want to help them. There’s not much sympathy for the fact that these are people who have served their time and are being held in jail indefinitely, just because they don’t have permanent legal status.”
The legal team will be continuing its discussions with Etowah County jail officials in the weeks ahead.
For more information contact Phil Kretsedemas at 617 227 9727 ext 6 or E-mail phil@nationalimmigrationproject.org at the National Immigration Project of the National Lawyers Guild.
Also see the National Immigration Project’s press room for other updates on casework and advocacy concerning incarcerated/detained noncitizens and the rights of immigrant survivors of domestic violence and other crimes,
Visit http://www.nationalimmigrationproject.org/Press.htm