giovedì 5 gennaio 2012

5 Years of Solitary Confinement by Thomas Feyer Falk (august 04)


A year ago I took the 4th year of continuous solitary confinement as occasion to highlight myself more closely from the viewpoint of the Human Rights Convention ("4 Jahre Isolationshaft"), and I'd also like to speak to this theme on the 5th "anniversary".

Among other things, there is, even in among the left, a confusion of expressions: isolation custody, lone custody, single cell. So, to begin with the last, the single cell is, in principle, owed to all prisoners (at least so far as the relevant penal institution was built after 1977); that is, he or she thus has a minimum amount of private space, spends the nightly cell closure alone (by which "night re-arrangements" are possible in most institutions, a prisoner lets him - or herself be included in the cell of a fellow inmate), the daytime hours, however, in social community (leisure time, compulsory work, and so forth).

Solitary confinement, in contrast, is the legal term for what is commonly referred to as Iso/Isolation custody (refer paragraph 89 of the penal code) and means the separation from all other prisoners without exception: no common leisure time. No common prison labour, no cell - shifting. A person sits 23 hours a day in a single cell and also spends the exercise hour alone (in which connection according to paragraph 89 of the penal code solitary confinement is still solitary confinement if, on occasion a prisoner takes their exercise hour, that is, walking in the prison yard, with other prisoners.)

I was arrested on the 12th October 1996 and found myself immediately in solitary, thus I could have marked the 7th anniversary in isolation, however there was in 1998 a 'relaxation' of few weeks length, whereby, on the 3rd August 2003 exactly 5 jears unbroken isolation stands.

5 years, 7 years!? What happens in such a span of time? A little baby grows up and goes to school for the first time; or after primary school the child matures in 7 years into a teenager, right in the middle of puberty, Whichever, it is a long time and you shouldn't be a claustrophobia sufferer here. But I am no martyr, no, that I am not! "Here I stand and cannot do else" said Martin Luther once; and though I have nothing in common with religion, and consequently with Luther. I nevertheless understand him and what he wanted to say with this at first glance facile sounding phrase. Certainly, I theoretically have alternative courses of action, could make 'compromises' with the justice system, and do what is referred to in prison jargon as 'sliming' - but only in theory, for I can't do anything of the sort, it would run completely against my (political) convictions.

The everyday harassment and humiliating treatments ( at this time the federal constitutional court, for example, is considering a constitutional complaint of mine, whether the weekly searches of my person, combined with complete undressing, offend against human rights) don't at all mean that I am being broken down, however, but much rather they strengthen me in my conviction that I am on the right path. We - and I mean all of us by that - may not shrink back (like cowards) or scarcely would the wind blow stormily in our faces, we would compromise with the State or the justice system.
(for example make statements to the police or the state prosecution, to get off more lightly).

http://www.freedom-for-thomas.de/thomas/texte2/isoha/RiElU2XKAA.shtml

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