Category Archives: political prisoners

Family of Aboriginal woman who died in custody want coroner to consider ‘systemic racism’

If application accepted, Tanya Day’s case will be first time in Australia that systemic racism has been considered as a contributing factor to a death in custody

Yorta Yorta woman Tanya Day with her daughter Apryl Watson. Day died after suffering a fall in custody at Castlemaine police station in December 2017. Photograph: Supplied by family

The family of an Aboriginal woman who died in custody in Victoria have applied for the coroner to consider systemic racism as a factor in her death.

If Victorian deputy state coroner Caitlin English accepts their application, it will be the first time in Australia that systemic racism has been considered as a possible contributing factor to a death in custody.

Yorta Yorta woman Tanya Day, 55, died in hospital on 22 December, 2017, two weeks after she was taken off a V/Line train from Echuca to Melbourne, arrested for public drunkenness and taken to Castlemaine police station. The autopsy suggested the cause of her death was a head injury sustained when she fell in the cell.

Police did not see the fall and did not physically check on Day for at least three hours.

CCTV footage of the cell will be shown at the inquest but CCTV of other areas of the station showing what police were doing when not checking on Day was deleted by investigating police.

At a hearing at the Melbourne coroners court on Tuesday, lawyers for Day’s family argued that the coroner should consider whether decisions made by police, V/Line officers and paramedics that led to Day going from “being asleep in the train to dying from a fatal injury sustained in police custody” were influenced by systemic racism.

They presented data compiled by the Human Rights Law Centre (HRLC) which showed that at the time of Tanya Day’s death, Indigenous women were arrested for public drunkenness at 10 times the rate of non-Indigenous people.

Lawyer for the family Emrys Nekvapil said it was necessary for the court to specifically look at and for the impact of systemic racism because it was often not recognised.

“What we are asking you to investigate is a thing that is deadly and all the more dangerous because it is almost invisible to the people it doesn’t kill,” Nekvapil said.

Nekvapil said the family was “not asking for a royal commission into the systemic failures” that created an environment of systemic racism, only to look at the specific ways it applied in this case.

“It is critical if we are to see unwitting and, in this case, systemic racism … that we listen to the communities affected by it.”

In this case, he said, those affected were Day’s children, who identified the issue in their first statements to the court.

He read from a statement of one of Day’s daughters, Apryl Watson, who said: “I do believe that she would have been treated differently if she was white.”

The application was supported by the Victorian Equal Opportunity and Human Rights Commission, which argued that the coroners court was bound by the Victorian Charter of Human Rights and Responsibilities Act 2006 to investigate allegations of racism and unequal treatment when raised.

However Victoria police argued it was “not a good case” to examine the issue of systemic racism because there was no evidence she was treated differently “because of her particular features”, and argued that to the extent she may have been discriminated against, the term “indirect discrimination on the basis of race” was preferred to “systemic racism”.

Day’s children, led by her eldest daughter Belinda Stevens, said that Day’s Aboriginality “most certainly contributed to the adverse treatment that she received”.

Stevens repeated calls for the Victorian government to repeal laws around public drunkenness, which was a preliminary recommendation made by English in December. The Andrews government has said it won’t commit to a change while the matter was still before the court.

HRLC legal director Ruth Barson said that if Day had been a non-Indigenous person travelling home drunk from the Melbourne Cup, she would not have been arrested.

“Most Victorians have committed the offence of public drunkenness,” Barson said.

English will provide her decision on the application next month.

source: the guardian


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Call for Solidarity with the Imprisoned of Operazione Scintilla, Italy

*** Summary of the recent repressive operation in Italy in connection
with the resistance against the Italian migration regime ***
This is a translation of the original article in German, with pictures:
On Thursday 7 February 2019, at 4:40 a.m., the eviction of the squat
“Asilo occupato” (“the occupied kindergarden”) in Via Alessandria 12 in
Turin, occupied since 1995, began. The eviction was carried out as part
of the “Operazione Scintilla” (“Operation Spark”). Several hundred
Carabinieri in riot gear, police officers and Guardia di finanza with
machine guns and plain clothes police not only evicted the house, but
also arrested six anarchists. A seventh person is still being searched for.
The charges are serious: formation of a subversive association,
incitement to crime and the possession, manufacture and transportation
of explosives in a public place. The charges are related to the
resistance against the Italian migration regime, namely against the
deportation camps/prisons CPR and CIE (Centro per l’Immigrazione e il
Rimpatrio = Immigration and Repatriation Centre; Centro di
identificazione ed espulsione = Identification and Deportation Centre),
more information below.
The Asilo was evicted as part of this operation because the state
regards it as the “logistical and operational base” of this “subversive,
insurrectional association”.
The eviction of the Asilo was delayed by the squatters for 36 hours
because some of them had retreated to the roofs. In the meantime,
sympathizers organized wild demos in the city, where there were clashes
with the police. The Asilo was made uninhabitable in the last few days
(destruction inside, bricked up windows, etc.).
A first court date for the prisoners of the “Operazione Scintilla” will
follow in about 15 days, i.e. on about 27 February.
During the big solidarity demonstrations there were several arrests and
over 300 identity checks. Many arrested people report bruises inflicted
by the police when they were arrested. At least four people had to go to
the hospital because of their injuries. The accusations for the twelve
people arrested at Saturday’s demonstration are devastation, looting,
resisting orders, bodily harm and possession of weapons. However, in the
meantime, these twelve people who got arrested at the demo are again
free but have to report daily to a police station (as of 13 February).
Freely translated from the communiqué of the solidarity demonstration on
Saturday, February 9:
    “They wage war on the poor and call it retraining. We oppose the
lords of the city.”
    Behind this banner the demo concentrated. A multifaceted, strong
demo, determined to make the hostility against those who benefit from
the management of the city concrete and visible. […]
    The atmosphere we breathed was an atmosphere of intense emotional
participation in the events of the past few days and growing anger at
the militarization of much of the Aurora district, a police presence
that still does not seem to be diminishing and that restores the sense
of “normality” that the mayor wants to impose on the city. […]
    The demo fought its way through the streets, leaving barricades of
burning dumpsters and shattered cars behind. […] Unfortunately, a
final police action at the end of the demo caused the arrest of twelve
demonstrators and the injury of four.
    Yesterday’s demo is only the beginning, now it’s time to start a
fierce battle that will produce a new flower from the ashes of this
repressive operation.”
*Details of the accusations*
The allegations: formation of a subversive association; incitement to
crime; possession, manufacture and transportation of explosives in a
public place.
The six persons were arrested at the request of the anti-terror group of
the Turin public prosecutor’s office. The indictment is that the accused
    “have promoted, constituted, organised and participated in the
creation of a subversive association (ex Art. 270 c.p.) which is
intended to and can influence national immigration policy through the
repeated destruction of the CIE/CPR and through systematic acts of
violence and intimidation against the companies involved in the
management of the abovementioned structures.”
    (“aver promosso, costituito, organizzato e partecipato a
un’associazione sovversiva (ex art. 270 c.p.) diretta e idonea a
influire sulle politiche nazionali in materia di immigrazione mediante
la ripetuta distruzione dei CIE/CPR e con sistematici atti di violenza e
intimidazione nei confronti delle imprese impegnate nella gestione delle
sopra indicate strutture di accoglienza”)
The arrested are accused of “21 subversive attacks” in various Italian
cities: On the one hand, 15 parcels of explosives were allegedly sent to
companies in Turin, Bologna, Milan, Rome (French Embassy), Bari and
Ravenna; six other explosives affected the offices of the Italian Post
Office (Poste Italiane) in Turin, Bologna and Genoa. Poste Italiane was
allegedly hit because, as the owner of the airline “MistralAir”, it has
held the ministerial mandate for deportation flights since 2011.
Two of the arrested (together with two yet unidentified persons) are
accused of having placed explosive devices in front of Poste Italiane
ATMs in Turin on 30 April and 9 June 2016.
    “In order to establish contacts within CPR, they threw tennis balls
with a multilingual brochure and a mobile phone number with which they
agreed simultaneous actions within and outside the CPR structure. Then
they put matches and everything needed to start a revolt and setting
fire in packages of biscuits and other goods.”
Allegedly, the aim of these actions was to weaken or destroy the CPR’s
“capacity” (see
*The political climate in Italy and other notes*
Italy’s politicians want to “crack down with all their might”:
– Police president Messina describes the (imagined) group of detainees
as a “highly dangerous cell”.
– Italian Interior Minister Matteo Salvini demands “prison for these
infamous people” and wants to close all “social centres frequented by
– Mayor Chiara Appendino congratulates the police on their eviction.
– Alessandro Ciro Sciretti, a Turin Lega-Nord politician, wishes “no
mercy at all” for the demonstrators of the Solidarity demonstrations for
the Asilo-Squat. His suggestion: “a little bit of the Diaz school” is
Net to all the bad news the following news have been joyful:
Shortly after the demonstration on Saturday, an anti-fascist
demonstration took place, like every year, on 13 February, against a
fascist commemorative torch march of the Casa Pound in the district
The antifascist demonstration ends in front of the prison, where the
prisoners of Operazione Scintilla are imprisoned. According to the
communiqué, this was “a cordial greeting to all the prisoners and
especially to the comrades and friends who had been imprisoned for a few
days. A shed in the prison yard catches fire by a happy coincidence [a
Molotov cocktail according to the media] and is destroyed.
*Practical solidarity*
A lot of money is needed, long prison sentences are imminent – people
are very grateful for solidarity contributions to the following account:
    Giulia Merlini e Pisano Marco
    IBAN IT61Y0347501605CC0011856712
    ABI 03475 CAB 01605
The list of those arrested during Operazione Scintilla:
    Rizzo, Antonio
    Salvato, Lorenzo
    Ruggeri, Silvia
    Volpacchio, Giada
    Blasi, Niccolò
    De Salvatore, Giuseppe
You can write to the prisoners!
    *Name of the detained person*
    C.C. Lorusso e Cutugno
    via Maria Adelaide Aglietta, 35 e
    10149 Torino TO

EK Statement on Brandon Baxter of the Cleveland 4


I don’t normally write men political prisoners because I have had bad
experiences… but I hear you are safe”

I cannot tell you how many letters I get that open this way. Stories of
unwanted sexual conversation, requests for photos and attempts to start
relationships. It is not difficult to not violate women. I do it every
day when responding to letters.
A question for men in our community….Why are we being such creeps?

I remember the first time a female comrade called me out. I was in high
school and it was over me being a creep about a facebook picture. I
thought I was being funny or cute and made a comment that didn’t seem
out of line to me at all..She didn’t call me out in front of everyone,
instead just replied to my message, ”Eric I thought we were friends,
you are making me feel less”. This one sentence stays with me still
today because I never again wanted to ever make someone feel that way,
whether we were comrades, friends, partners, anything. That sentence
changed my entire life because it was the first chance to hold myself
accountable, to look at myself and see a chance to grow. We didn’t have
the language to express what was really happening, I was being a
patriarchal creep, that’s the reality..but she knew I was making her
feel less, and that was enough, that should ALWAYS be enough. That
chance to grow didn’t end in highschool, it didn’t end when I turned 20
or 30..this is a continual growth, a continual re-evaluation of what is
ok and what isn’t. Even now when my partner lovingly calls me out on
being patriarchal, I listen and take it very seriously, so that I don’t
ever make someone feel ”less” ever again. There is no perfection here,
there is no finished product, but there is a desire to always do better
and to always grow.

What I am seeing right now from certain people and parts of the radical
community, the MALE political prisoner community, makes me absolutely
sick to my fucking stomach. In prison you may find yourself having to do
things to survive that make you feel uncomfortable or gross, and that
sucks. But there is NEVER a reason to hurt, manipulate, lie to, bash,
coerce, trick, or in general be greasy to female supporters (or any
supporters really). Being a political prisoner does not entitle you to
be a misogynistic, manipulative piece of shit. Having support isn’t a
license to take advantage of people’s feelings or solidarity, to use
them for your own purposes. It isn’t ok in the streets, it isn’t ok
behind bars. We need to walk our talk on this issue, at least I do. We
need to call out the people who act this way, or think this is ok.

Brandon from the Cleveland 4 has done all those things listed above and
more, admittedly and purposely. When given the chance to do the right
thing, to be held accountable, not only did he reject those options but
instead he chose to victim blame. He has done major harm to different
women in the community who tried to support him. And since that is the
case, I want nothing to do with this guy. I don’t want to be associated
with him in any way, and that includes being associated with people who
still condone or apologize for him. If you have romanticized prison to
the extent to where you think this behavior is okay just because he has
been oppressed, then please lose my address.

How we treat each other isn’t a game. The women in our community still
have to deal with rampant patriarchy and sexism and still have to deal
with being called liars and exaggerates when they speak up. I bet we all
know of a hushed story about a man in our community who has problematic
behavior towards women. When these behaviors are silenced it just puts
more women in danger of experiencing them. This isn’t the future I want;
this isn’t how I want our revolution to look like. I stand with our
female comrades and I know many many others do as well, and when we see
behavior like this, we need to work on it, and if that isn’t seen as an
option, then we need to smash it out. We need to start saying these
things out loud, and as men it’s time for US to start holding each other
accountable and stop relying on femme folks to do the emotional labor of

reference :

Mumia appeal update

Judge in Mumia appeal requests evidence of Castille bias

By Betsey Piette posted on December 17, 2018

mumia g

Philadelphia Common Pleas Court Judge Leon Tucker filed an order Dec. 7 giving 10 days for attorneys for Mumia Abu-Jamal and the Philadelphia district attorney’s office to provide input on former Pennsylvania Supreme Court Justice Ronald Castille’s possible violation of a PA Judicial Canon on Conduct requiring recusal if there was an appearance of bias or lack of impartiality.

Tucker is requesting opinions on how this code of conduct applies to Abu-Jamal’s appeal and how it fits into the U.S. Supreme Court case Williams v. Pennsylvania, upon which the appeal is based.  Lawyers must respond by Dec. 17 unless an extension is requested and granted.

Tucker took final arguments on Dec. 3 from attorneys for Abu-Jamal and the Commonwealth of Pennsylvania.  Both agreed they had no additional evidence to submit. The judge’s new request is very important in that it asks for opinions on how the application of the Judicial Canon on Conduct applies to Abu-Jamal’s case and how it fits into the Williams case.

The question of possible judicial bias extends to Castille’s activities on capital cases — not just as the former district attorney — but while he was running for election as a judge or was a judge.


Castille’s focus on ‘police killers’

Tucker is considering the broader argument that due process requires an unbiased decision maker. Abu-Jamal’s attorneys added this second legal basis to grant the political prisoner new appeal rights in amended petitions and oral arguments during an Oct. 29 court proceeding.  They argued that Williams provides a specific application of that principle as applied by SCOTUS in a case where the prosecutor later became the judge on the same case.

Due process claims based on judicial bias do not require proof of actual bias, only the appearance of bias — that “a reasonable observer could conclude that a judge harbored disqualifying bias against the petitioner.” The question is whether the judge would be neutral or whether there is unconstitutional potential for bias. The PA Supreme Court has maintained that recusal is required wherever there is substantial doubt about a jurist’s ability to preside impartially.

Commonwealth attorneys claim that during months of searching hundreds of boxes of DA records documents showing Castille was personally involved in Mumia’s case were not found. But the prosecution released documents that expose Castille’s personal bias on capital cases.  One was a letter DA Castille wrote in June 1990 to then Gov. Robert P. Casey, a death penalty opponent, who would not sign death warrants.

Urging Casey to “send a clear … message to all police killers that the death penalty in Pennsylvania actually means something,” Castille asked Casey to sign death warrants and provided him with a list of capital cases where they could be applied.

Abu-Jamal’s case was not on the list because his case was still being appealed to SCOTUS. However, Abu-Jamal’s attorneys assert that Castille’s letter to Casey targeted Abu-Jamal. His was one of three capital cases at that time involving a convicted so-called “police killer.” They charge that this reflects Castille’s personal involvement in a critical decision in Abu-Jamal’s case.


Castille: FOP’s ‘Man-of-the-Year’

Evidence also surfaced of DA Castille’s support for a campaign by former PA State Sen. Mike Fisher regarding passage of legislation that would further restrict state appeals of death penalty convictions.  The legislation included removal of final approval for death warrants from the governor’s office. A status report on certain death row inmates that was sent to Fisher included Abu-Jamal’s name.

Abu-Jamal’s attorneys stated on Oct. 29: “On Sept. 23, 1988, DA Castille wrote directly to Fisher urging passage of an amendment to the death penalty law and conveying his fears about the impact of Mills v. Maryland.” (That U.S. Supreme Court case, a 5-4 decision in 1988, reversed a Maryland Court of Appeals death sentence affirmation on the ground that the jury verdict form used was unconstitutional.) Castille feared that “Mills may lead to the vacating of scores of death penalties.”  Abu-Jamal’s appeal contained a Mills claim regarding Judge Albert Sabo’s improper instructions to the jury, which became the basis for overturning his death sentence.

There is ample evidence of other instances of Castille’s bias and that he took responsibility for death sentences. The Williams decision included citations from news articles quoting Castille bragging about putting “45 murderers on death row.”  Some 36,000 Pennsylvania police officers endorsed him. The Fraternal Order of Police gave Castille “Man-of-the-Year” awards, political support and donations during his campaign for the PA Supreme Court.

The American Bar Association filed an amicus brief in the Williams case, which noted that Castille was on “a crusade against” the Federal Community Defender Organization that represented Williams. The ABA notes, “He was incensed by its involvement in state post-conviction proceedings, and even more so by its zealotry on behalf of its clients.”


Refusal to recuse in Abu-Jamal’s case

In 1996 Abu-Jamal appealed his post-conviction challenge to his death sentence and death penalty denied by Judge Sabo to the PA Supreme Court over his 1982 conviction by a mostly white jury for the 1981 shooting of police officer Daniel Faulkner. He also filed a motion requesting that Justice Castille not hear the case. The grounds for requesting the recusal were based on Castille’s FOP relationship and defense of prosecutorial conduct in the face of evidence of significant prosecutorial misconduct.

As a former Philadelphia district attorney, Castille’s name appeared on appeal briefs, which argued that Abu-Jamal’s trial was fair and that evidence against him was compelling. Castille oversaw the legal efforts to keep Abu-Jamal on Pennsylvania’s death row.

Abu-Jamal’s lawyers at that time requested that Castille not deliberate over their client’s appeal because of his prior role as DA and his long-time association with the FOP, which actively campaigned for Abu-Jamal’s execution.

Arguing that his decision not to step down from the hearing was a “personal one for him alone to make,” Castille noted that while the FOP endorsed him, it also endorsed four other PA court justices hearing the case.  Castille claimed he had never “personally” participated in any aspect of Abu-Jamal’s case. Yet four years earlier when he ran for the state court, four aides reported that as district attorney, Castille was actively involved in death penalty cases, particularly “high-profile cases,” of which Abu-Jamal’s topped the list.

Whether Judge Tucker is genuinely interested in evidence of Castille’s inherent bias regarding the class of capital cases involving murders of police officers or if he is simply seeking to cover all bases and make his decision appeal-proof remains to be seen.  Due to the long history of this case, Abu-Jamal supporters know that reliance on the courts to rule fairly for Mumia is never a given.

Mumia Abu-Jamal is innocent.  A judicial win and granting new appeal rights for him would be a significant decision against the widespread policy whereby former prosecutors are elected and appointed as judges with the financial and political support of police organizations.

Abu-Jamal’s supporters have already launched an Emergency Response Network to fill the streets whichever way Judge Tucker rules. Demonstrations will take place outside the DA’s office at 4 p.m. on the day after Tucker’s decision. For more information and to sign the pledge to show up, go to

urgent letters to mumia

October 15, 2018

Dear Friends and Comrades,

At this late date, given that Mumia’s next court hearing is on October 29, mumia abu many of us have felt that not enough attention has been paid to challenging Philadelphia’s widely hailed new, “liberal” District Attorney Larry Krasner. His deadly role in Mumia’s current legal proceedings in the Court of Common Pleas has not been understood by many Mumia supporters. People both in Philadelphia and around the country are still describing Krasner as a “breath of fresh air,” a major change agent in the criminal justice system, and a potentially fair DA in Mumia’s case.

While we agree that Krasner has made some important positive moves on several issues, he has, like all the previous DAs, been adamant in his denial of justice to Mumia. It is, therefore, urgent that we publicize the situation with Krasner and confront him with the fact that people are recognizing his deplorable role in the court process for Mumia. We must pressure him to drop his opposition to Mumia’s current legal action aimed at giving Mumia new rights of appeal of his conviction. Needless to say, regardless of the outcome of this legal struggle, we will continue to assert Mumia’s innocence and fight for his freedom. For further clarification and details on this potentially confusing legal situation, read the attached background piece, which will not be sent to Krasner, that will be mailed out to you next on this listserv.

Below is a letter we hope to send Krasner with as many organizational signatures as possible. We are focusing on organizations and some well-known individuals, but we urge others to send their own letter or the letter below to Krasner. (As a collective, we will only process organizational letters and a limited number of individual names to simplify the logistics involved. We plan to deliver the list of organizational signers along with the letter addressed to him to Krasner on October 25 at a press conference in Philadelphia.) We URGE YOU TO SEND THIS SAME LETTER OR YOUR OWN TO KRASNER DIRECTLY. HIS E-MAIL IS: Let’s flood Krasner’s lines! 

International solidarity week For Anarchist Prisoners



 on International solidarity week for anarchist prisoners 23rd to 30th August

  Anarchist Black Cross Melbourne  conducted a practical letter writing workshop with some good insites from one of our members at IRL INFO SHOP  in naarm Melbourne on the land of the Wurundjeri & Bunurong peoples of the Kulin Nation. we show solidarity with youth in prisons  Western Australian government must stop breaching international laws and standards by locking children in solitary confinement and Solidarity with those detained (children, women, and men) by immigration and Customs Enforcement and the families you are forcibly kept from. You are held in those for profit gulags, whose aims are to maintain a rotten nationalist- racist- capitalistic social order. The August 21st National Prison Strike called for strikes and boycotts in and against those so called immigration detentions for a reason, to acknowledge for the world that our struggles are not separate.

Anarchist prisoners are not often well-known people, even though they might be long term activists. Their ways to fight back oppressors and wrongdoings are not necessarily following the current laws of their location, which is judged by some authoritarian organizations. The vast amount and diversity of cases of anarchist prisoners is surprising to many.

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