U.S. Must End Torture of Prisoners in America As Well As in Iraq, ACLU Says
May 11, 2004
Statement of Elizabeth Alexander, Director of the ACLU National Prison Project
FOR IMMEDIATE RELEASE
WASHINGTON– Like most Americans, I am horrified by the sexually degrading photographs and the reports of Iraqi detainees being threatened with electrocution and rape by members of our military at Abu Ghraib Prison in Iraq. Those who are shocked by these human rights violations, however, should be aware that equally depraved acts are committed against prisoners in the United States regularly without the outrage and disgust currently being expressed by U.S. officials in response to conditions in Iraq.
Indeed, accepted correctional practice allows male officers to work in housing quarters that provide views of women showering, undressing and even using the toilet. In certain circumstances male guards even strip search confined women, many of whom are victims of sexual abuse, often leading to unnecessary trauma and pain.
For U.S. prisoners who have suffered treatment similar to what has been carried out in Iraq, federal action bars them from bringing a lawsuit in our federal courts to gain redress for their injuries. The Prison Litigation Reform Act, passed in 1996 without any congressional hearings on its provisions, prevents prisoners, jail detainees and even confined juveniles from seeking damages for deliberate sexual misconduct and other forms of abuse, as long as the prisoner suffers no “physical injury.” Indeed, if a prisoner in our nation’s capital were threatened with electrocution by his captors and suffered a heart attack or a mental breakdown as a result, he would still have no remedy in federal court.
Degradation and humiliation are just the tip of the iceberg. The ACLU hears from thousands of incarcerated men and women in the United States whose human rights are violated. Many report repeated rapes and sexual assaults committed by prisoners and even staff. The best available data tell us that more than 200,000 prisoners have been raped nationally.
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http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=15674&c=206