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ACLU And Coalition Urges Holder To Adopt Standards Aimed At Eradicating Prison Rape PDF Print E-mail
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Written by Coalition   
Tuesday, 17 August 2010

FOR IMMEDIATE RELEASE
August 17, 2010
12:14 PM

CONTACT: ACLU
Will Matthews, ACLU, (212) 549-2582 or 2666;  This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

ACLU And Coalition Urges Holder To Adopt Standards Aimed At Eradicating Prison Rape

Groups Say Government Failure To Protect Prisoners From Sexual Violence Is Unacceptable

WASHINGTON - August 17 - The American Civil Liberties Union and a broad coalition of religious, political, human rights and civil rights groups today called on U.S. Attorney General Eric Holder to immediately adopt a set of proposed standards aimed at eradicating sexual assault in the nation's prisons. 

The standards, issued over a year ago by the blue-ribbon, bipartisan National Prison Rape Elimination Commission (NPREC), would, if adopted by Holder, provide an important guide for corrections professionals to eliminate sexual abuse in their facilities and measure the effectiveness of their efforts. The coalition previously called on Holder to adopt the standards in a letter sent last week.  

"The commission's proposed standards merely put into words what the Constitution already requires," said Amy Fettig, staff attorney with the ACLU National Prison Project. "Prison officials have a constitutional obligation to provide prisoners with protection against violence and sexual abuse, and Attorney General Holder should implement the standards without delay." 

The proposed standards would also help hold corrections officials accountable by helping reform-minded officials indentify their facilities' strengths and weaknesses while ensuring that those who continue to deny the high incidence of sexual abuse of prisoners are no longer able to minimize the extent of the problem. 

The proposed standards also include important provisions which would make it easier for prison rape victims seeking their day in court to file lawsuits challenging their inhumane treatment. Since the 1996 passage of the Prison Litigation Reform Act (PLRA), victims are forced to exhaust the internal complaint processes of their correctional institution before filing a lawsuit – processes that are often comprised of arbitrary rules that are impossible for prisoners to navigate.       

According to the Bureau of Justice Statistics, more than 60,000 prisoners – one of every 20 – were sexually assaulted last year. The problem is even worse in juvenile institutions, where one in eight juvenile detainees were victims of sexual assault last year.    

"There is a deeply ingrained culture of acceptance when it comes to prison rape in too many prisons and jails across the country," said Margaret Winter, Associate Director of the ACLU National Prison Project, who testified before NPREC and served on a committee of experts that helped develop the standards. "The proposed standards are a milestone in the long battle to end a shameful era of rampant violence and abuse within our nation's prisons and there is no excuse for the Attorney General's delay in adopting them." 

The proposed standards were issued by NPREC after a comprehensive study of the issues surrounding prison rape, including site visits, public hearings and consultations with corrections experts, academics, survivors of sexual abuse in detention, health care providers and others. 

According to the coalition's letter, while many corrections leaders strongly support the proposed standards, some officials have exaggerated the cost of implementing the basic measures outlined in the proposed standards. Cash-strapped states like California and Oregon have already begun to implement the standards without substantial additional costs. And the cost of failing to address the problem of prison rape is huge – one state prison system, for example, recently paid $100 million after more than 10 years of expensive and protracted litigation, to settle lawsuits filed by women who were sexually abused by staff at a women's facility. 

The ACLU today is also calling on Congress to pass the Prison Abuse Remedies Act, which would eliminate barriers created by PLRA for all prisoners seeking protection of their rights in federal court.

"The Prison Abuse Remedies Act is currently sitting idle before Congress. Passage of this bill could protect millions of our nation's prisoners from unnecessary suffering," said Jennifer Bellamy, ACLU Legislative Counsel. "This country currently incarcerates over 2 million Americans in increasingly abusive conditions. We cannot continue to leave them without recourse. Congress should pass the Prison Abuse Remedies Act before this legislative session is up."  
 
Along with the ACLU, the letter sent to Holder urging adoption of the NPREC standards was signed by a wide array of organizations from across the political spectrum, including Prison Fellowship, the American Conservative Union, Focus on the Family, the Southern Baptist Convention, The Sentencing Project, the National Association for the Advancement of Colored People and the National Immigrant Justice Center. 

A copy of the letter is available online at: www.aclu.org/prisoners-rights/coalition-letter-attorney-general-holder-prison-rape-elimination-act-prea-standards

###

The ACLU conserves America's original civic values working in courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to every person in the United States by the Constitution and the Bill of Rights.

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Coalition Letter on Prison Rape Elimination Act (PREA) standards PDF Print E-mail
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Advocacy and Comment Letters
Written by Coalition   
Monday, 02 August 2010

August 2, 2010

 

The Honorable Eric Holder

Attorney General, United States of America

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530-0001

 

 

Dear Attorney General Holder,

 

We represent a broad array of religious, political, human rights, and civil rights groups united in our dedication to stopping rape in our prisons. Many of us were part of the extraordinarily diverse coalition of organizations and citizens that helped develop the Prison Rape Elimination Act (PREA), and worked to secure its unanimous passage in 2003.

 

At this moment, standards to eradicate sexual assault in prisons await your approval. We urge you to make a priority of completing your review and adopt the standards as swiftly as possible.

 

The magnitude of sexual abuse in our prisons is appalling. The Bureau of Justice Statistics reports that more than 60,000 prisoners, one of every twenty inmates, were sexually assaulted during the previous year. The scandal is even worse at juvenile institutions, where one in eight juvenile detainees were victims of sexual assault during a 12-month period. It is an abomination that the government does not protect individuals in its custody from sexual violence. Being raped in prison is devastating physically and emotionally for victims, and the negative consequences continue long after they finish their sentences and return to the community. For each day that the standards are delayed, more men and women - and, yes, boys and girls - will be raped.

 

PREA established a Commission to assess the problem and find solutions. The Commission was tasked with developing standards to guide corrections leaders in effective ways to prevent prison rapes, and to hold those officials accountable for achieving results.

 

Last year the Commission released its proposed standards after conducting a comprehensive study of the issues surrounding prison rape. It reviewed existing research, held site visits and public hearings across the country, formed expert committees, and consulted with corrections practitioners, academics, survivors of sexual abuse in detention and their advocates, legal experts, and health care providers. The Commission consulted with the nation’s leading corrections experts at every step of this thorough and responsible review. The Commission distilled what it learned from this exhaustive process into the proposed standards.

 

Those standards will provide an important guide for corrections professionals to eliminate sexual abuse in their facilities and to measure the effectiveness of their efforts. The standards will also help hold corrections officials accountable. Such accountability is vitally important; it will help reform-minded officials identify their facilities’ strengths and weaknesses, while ensuring that those who still deny the high incidence of sexual abuse of inmates no longer are able to minimize the problem.

 

While many corrections leaders strongly support the standards, some officials have exaggerated the cost of implementing these basic measures. These officials ignore the fact that California andOregon, both cash-strapped states with budget crises, have begun to implement the standards without substantial additional costs. More important, they ignore the huge costs of failing to address prisoner rape. For example, one state prison system recently paid $100 million, after more than ten years of expensive litigation, to settle law suits by women who were abused by staff at a women’s facility. Implementation of the Commission’s recommendations will be cost-effective and will help corrections agencies meet their legal duty to protect inmates who have been placed in their care.

 

We recognize that sexual abuse in detention is an issue of tremendous concern to you and the Department of Justice. We strongly endorse the proposed standards, and respectfully ask you to make them binding at the earliest date possible.

 

Sincerely,

 


Pat Nolan

Vice President

Prison Fellowship

 

 

David A. Keene

Chairman, Board of Directors

American Conservative Union

 

Tom McClusky

Senior Vice President

Family Research Council Action

 

Tom Minnery

Senior Vice President

Government and Public Policy

Focus on the Family

 

 

Dr. Richard Land

President

The Ethics & Religious Liberty Commission

Southern Baptist Convention

 

Galen Carey

Director of Government Affairs

National Association of Evangelicals

 

Greg Mitchell

The Mitchell Firm

 

Penny Nance

CEO

Concerned Women for America

 

Grover Norquist

 

Gary L. Bauer

President

American Values

 

United Methodist Church, General Board of Church and Society

 

Roland C. Warren

President

The National Fatherhood Initiative

 

The Sentencing Project


 

Zena D. Crenshaw

Executive Director and Board Member

POPULAR, Inc. – Power Over Poverty Under Laws of America Restored

 

 

John W. Whitehead

President

The Rutherford Institute

 

 

Dr. Andrew D. Jackson

Deputy Director

National Judicial Conduct and Disability Law Project, Inc.

 

Alliance For Patient Safety.org

 

The Aleph Institute


 

National Association of Social Workers


 

Justice and Witness Ministries/United Church of Christ


 

American Legislative Exchange Council


 

James Landrith

Founder

The Multiracial Activist

 

 

Don Racheter, PhD


 

Just Detention International


 

Open Society Policy Center

 

National African American Drug Policy Coalition, Inc. 


 

AdvoCare, Inc. 


 

Prison Ministry Task Force, Episcopal Diocese of Maryland


 

Rev. Jim Wallis

President and CEO

Sojourners

 

 

Hilary O. Shelton

Director, National Association for the Advancement of Colored People (NAACP) Washington Bureau & Senior Vice President for Advocacy and Policy

 

American Civil Liberties Union


 

Rape, Abuse, and Incest National Network (RAINN)


 

The Rebecca Project


 

National Immigrant Justice Center

 

Human Rights Watch

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The Second Coming of Petraeus PDF Print E-mail
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Foreign Policy, Military and War
Written by Ivan Eland   
Wednesday, 30 June 2010

The Second Coming of Petraeus
June 30, 2010
Ivan Eland

With the justified firing of Gen. Stanley McChrystal and his replacement with Iraq water-walker David Petraeus, it’s as if people are hoping for a second coming of Jesus in Afghanistan. Unfortunately, the replacement may be similar to the second coming of the water-walking Joe Gibbs as coach of the Washington Redskins.

Although McChrystal’s derisive comments about high-level Obama administration officials weren’t as bad as Gen. Douglas MacArthur’s attempts to undermine President Harry Truman’s effort to keep the Korean War from turning into a nuclear war against China, such insubordination by a military officer toward the civilian command structure cannot be tolerated in a republic. If it is, the country may not be a republic for long. Thus, even many Republicans didn’t squawk about McChrystal’s sacking.

They, and almost everyone else in Washington, were comforted, even elated, that Gen. David Petraeus, the hero of the Iraq war, was recycled to command U.S. and NATO forces in Afghanistan. Everyone is hoping for a replay of the reductions in violence in Iraq.

Of course, Petraeus is partially responsible for that reduction in that violence, but not for the reasons commonly believed. The conventional wisdom is that Petraeus’ anti-guerrilla warfare strategy—winning the hearts and minds of the local population instead of blasting the insurgents to smithereens and also killing many civilians (this strategy is now being transplanted to Afghanistan)—was the cause of increased stability in Iraq. In fact, paying the Iraqi Sunni insurgents to fight al-Qaeda instead of U.S. forces and prior ethnic cleansing that separated the warring Sunni and Shi’ite groups were the main factors leading to the reduction in violence in Iraq, according to many counterinsurgency experts. Petraeus’ short-term bribery will probably not even hold in Iraq. The real problem is the ethno-sectarian fissures that will likely reignite once the United States leaves. By funding and arming the Sunnis, as well as Iraqi Shi’ites and Kurds, Petraeus, to achieve short-term gains in stability, may end up inadvertently worsening post-U.S. ethno-sectarian warfare.

Even if we accept the dubious propositions that Iraq’s worst days are behind it and that Petraeus’ counterinsurgency strategy was primarily responsible for the reduction of violence, the skeptical media keeps asking the question of whether it can be transplanted to Afghanistan. After all, even many U.S. troops complain that their casualties are going up because they are not allowed to take the fight to the enemy, thus endangering civilians and ruining the “hearts and minds” strategy. The counterinsurgency strategy has been adopted to such an extent that the United States even announces offensives in advance, hoping that both the Taliban and civilians will flee the area.

American troops are right that there is a tradeoff between U.S. casualties and local civilian casualties; when civilian casualties are reduced, the U.S. military takes more of them, and vice versa. The two most important “centers of gravity” in any anti-guerrilla war are civilian opinion in the occupied nation and public opinion back home for the occupier. But to win local popularity, the U.S. military must incur higher casualties—as is now occurring—which leads to erosion of support for the war back home. Predictably, a majority of Americans have soured on the Afghan war after nine years of quagmire.

Despite taking higher casualties, however, the United States doesn’t seem to be winning many Afghan hearts and minds either. Counterinsurgency campaigns are rarely effective for several reasons, the principal one being that it is difficult to get around being regarded as a foreign occupier. In Afghanistan, even the brutal Taliban has much support in the Pashtun community—the tribes that historically have been dominant in the country—because the group is regarded as a defender of the tribes against the Afghan government, which is perceived to be controlled by Uzbeks and Tajiks.

Other problems that foreign occupiers face include the fact that counterinsurgency is much more expensive to conduct than insurgency, foreigners usually have difficulty understanding the local culture, locals know that the foreigners will eventually leave and they will have to deal with the local insurgents, government organizations specializing in combat are ill-suited to the difficult task of nation-building, and nimble non-bureaucratic guerrillas can adapt faster to changes in the battlefield than the governments of the host nation and foreign occupier.

Thus, the second coming of Petraeus may instead resemble the return of storied coach Joe Gibbs to the Washington Redskins. Although he had been in four Super Bowls during his first tenure as coach, his resurrection fizzled because the NFL he returned to was not the same one he left. For Petraeus, Afghanistan is not Iraq.


Ivan Eland
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Ivan Eland is Senior Fellow and Director of the Center on Peace & Liberty at The Independent Institute. Dr. Eland is a graduate of Iowa State University and received an M.B.A. in applied economics and Ph.D. in national security policy from George Washington University. He has been Director of Defense Policy Studies at the Cato Institute, and he spent 15 years working for Congress on national security issues, including stints as an investigator for the House Foreign Affairs Committee and Principal Defense Analyst at the Congressional Budget Office. He is author of the books Partitioning for Peace: An Exit Strategy for Iraq, and Recarving Rushmore.

Full Biography and Recent Publications

The Empire Has No ClothesNew from Ivan Eland!
THE EMPIRE HAS NO CLOTHES: U.S. Foreign Policy Exposed (Updated Edition)

Most Americans don’t think of their government as an empire, but in fact the United States has been steadily expanding its control of overseas territories since the turn of the twentieth century. In The Empire Has No Clothes, Ivan Eland, a leading expert on U.S. defense policy and national security, examines American military interventions around the world from the Spanish-American War to the invasion and occupation of Iraq. Learn More »»

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The G-20: Has Everyone Lost It? PDF Print E-mail
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Economics and Financial Services
Written by Alvaro Vargas Llosa   
Wednesday, 30 June 2010

The G-20: Has Everyone Lost It?
June 30, 2010
Alvaro Vargas Llosa

WASHINGTON—The governments, institutions, and personalities who should be providing guidance in the aftermath of the financial and economic debacle of 2007–08 are still recommending the very policies that got us here in the first place. The G-20 summit in Toronto exposed this truth quite poignantly.

Before and during the sessions, President Obama urged nations to postpone fiscal tightening and debt reduction for fear of stifling the weak recovery. His assurances that the participants were in “violent agreement” on their final communique about reducing deficits in half by 2013 and stabilizing debt ratios by 2016 actually concealed more violence than agreement. Canada’s Stephen Harper, Germany’s Angela Merkel and, yes, even France’s Nicolas Sarkozy argued for fiscal retrenching. But given opposition from the United States and Japan, and ambiguity on the part of emerging powers such as Brazil, the compromise was a toothless statement of good wishes.

Respected financial publications that should be offering moral clarity now that government debt amounts to 92 percent of the size of the economy in France and 83 percent in Britain, and that the U.S. budget deficit is at near-record levels, are instead warning against monetary and fiscal restraint. Martin Wolf of the Financial Times thinks “it is right for central banks to keep printing.” Clive Crook of the same publication writes that it is fair to call “Germany a bad global citizen for tightening fiscal policy despite its external surplus and unstressed borrowing capacity.” Forbes, a supposedly pro-market publication, published an article railing against the austerity measures announced by George Osborne, the British chancellor of the exchequer, who wants to slash the budgets of various government departments by 25 percent. Financier George Soros, commenting on Bloomberg, calls the spending-reduction measures in some European countries “a disaster.”

The case these normally authoritative voices make is essentially this—that the recovery continues to depend on government stimulus, and that in order to redress the balance between surplus nations such as Germany or China and deficit nations such as the United States or, say, Spain, the former need to be made to save less and spend more.

If this advice, which blames the prudent for the conduct of the imprudent, were postulated only by the usual suspects—i.e., Nobel laureate Paul Krugman and company, it would be bad enough. But coming from the world’s superpower, the business community’s most influential gurus and outlets that call themselves conservative, one thing is clear: The world is a crazier place than one feared.

Deficits, debt, and loose money are what caused the bubble. They also caused the Hitchcockian movie in which Europe has been living for the past few months. Making policy decisions necessary to create the environment for a sustained recovery and avoid future bubbles is tough enough when any remotely responsible measure is met with the national howling we have seen against pension-fund reform in France or spending cuts in Greece and Spain. Making them when international leaders and respected observers seem to have lost it requires truly titanic efforts.

Thank God, some have kept their heads. As soon as the G-20 coven ended, the Bank for International Settlements (BIS), the Switzerland-based central bank of central banks, spoke out in its annual report against keeping loose monetary and fiscal policies. It maintains that the artificially low interest rates are distorting investment decisions and leading market participants to take excessive risk. An austerity program would build trust, shore up the financial system and provide low long-term borrowing costs to the benefit of sound investments.

Profligate fiscal and monetary policies, the BIS argues, could replicate the easy money environment that led to the present crisis by encouraging financial institutions to engage in too much short-term borrowing and long-term lending, a gap that would result in a credit crunch at the first sign of scarce liquidity. More essentially, the current policies will delay confronting the demographic challenge facing the welfare state in rapidly aging countries and restructuring inefficient industries kept on life support by access to easy money.

You know something really is rotten when the BIS, which in the last couple of years cheered the measures it now debunks, starts to warn of impending disasters if governments maintain the course.


Alvaro Vargas Llosa
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Alvaro Vargas Llosa
is Senior Fellow of The Center on Global Prosperity at The Independent Institute. He is a native of Peru and received his B.S.C. in international history from the London School of Economics. His weekly column is syndicated worldwide by the Washington Post Writers Group, and his Independent Institute books include Lessons From the Poor: Triumph of the Entrepreneurial Spirit, The Che Guevara Myth and the Future of Liberty, and Liberty for Latin America.

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New from Alvaro Vargas Llosa!
LESSONS FROM THE POOR: Triumph of the Entrepreneurial Spirit

Half the people in the world live on two dollars or less per day and roughly 600 million live on no more than one dollar per day. With thousands of international relief organizations, strategic government programs, and billions of dollars in foreign aid, why do so many underdeveloped countries remain unable to grow their economies beyond mere survival? Learn More »»

 

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