America's Abu Ghraibs

 

New York Times,  May 31, 2004

 By BOB HERBERT

 Most Americans were shocked by the sadistic treatment of  Iraqi detainees at the Abu Ghraib prison. But we shouldn't  have been. Not only are inmates at prisons in the U.S.  frequently subjected to similarly grotesque treatment, but  Congress passed a law in 1996 to ensure that in most cases  they were barred from receiving any financial compensation  for the abuse.

 We routinely treat prisoners in the United States like  animals. We brutalize and degrade them, both men and women.  And we have a lousy record when it comes to protecting  well-behaved, weak and mentally ill prisoners from the  predators surrounding them.

 Very few Americans have raised their voices in opposition  to our shameful prison policies. And I'm convinced that's  primarily because the inmates are viewed as less than  human.

 Stephen Bright, director of the Southern Center for Human  Rights, represented several prisoners in Georgia who sought  compensation in the late-1990's for treatment that was  remarkably similar to the abuses at Abu Ghraib. An  undertaker named Wayne Garner was in charge of the prison  system at the time, having been appointed in 1995 by the  governor, Zell Miller, who is now a U.S. senator.

 Mr. Garner considered himself a tough guy. In a federal  lawsuit brought on behalf of the prisoners by the center,  he was quoted as saying that while there were some inmates  who "truly want to do better . . . there's another 30 to 35  per cent that ain't fit to kill. And I'm going to be there  to accommodate them."

 On Oct. 23, 1996, officers from the Tactical Squad of the  Georgia Department of Corrections raided the inmates'  living quarters at Dooly State Prison, a medium-security  facility in Unadilla, Ga. This was part of a series of  brutal shakedowns at prisons around the state that were  designed to show the prisoners that a new and tougher  regime was in charge.

 What followed, according to the lawsuit, was simply sick.  Officers opened cell doors and ordered the inmates, all  males, to run outside and strip. With female prison staff  members looking on, and at times laughing, several inmates  were subjected to extensive and wholly unnecessary body  cavity searches. The inmates were ordered to lift their  genitals, to squat, to bend over and display themselves,  etc.

 One inmate who was suspected of being gay was told that if  he ever said anything about the way he was being treated,  he would be locked up and beaten until he wouldn't "want to  be gay anymore." An officer who was staring at another  naked inmate said, "I bet you can tap dance." The inmate  was forced to dance, and then had his body cavities  searched.

 An inmate in a dormitory identified as J-2 was slapped in  the face and ordered to bend over and show himself to his  cellmate. The raiding party apparently found that to be  hilarious.

 According to the lawsuit, Mr. Garner himself, the  commissioner of the Department of Corrections, was present  at the Dooly Prison raid.

 None of the prisoners named in the lawsuit were accused of  any improper behavior during the course of the raid. The  suit charged that the inmates' constitutional rights had  been violated and sought compensation for the pain,  suffering, humiliation and degradation they had been  subjected to.

 Fat chance.
 The Prison Litigation Reform Act, designed in part to limit  "frivolous" lawsuits by inmates, was passed by Congress and  signed into law by Bill Clinton in 1996. It specifically  prohibits the awarding of financial compensation to  prisoners "for mental or emotional injury while in custody  without a prior showing of physical injury."
 Without any evidence that they had been seriously  physically harmed, the inmates in the Georgia case were out  of luck. The courts ruled against them.
 This is the policy of the United States of America.
 Said  Mr. Bright: "Today we are talking about compensating  prisoners in Iraq for degrading treatment, as of course we  should. But we do not allow compensation for prisoners in  the United States who suffer the same kind of degradation  and humiliation."

 The message with regard to the treatment of prisoners in  the U.S. has been clear for years: Treat them any way you'd  like. They're just animals.

 The treatment of the detainees in Iraq was far from an  aberration. They, too, were treated like animals, which was  simply a logical extension of the way we treat prisoners  here at home.

 E-mail: bobherb@nytimes.com

 http://www.nytimes.com/2004/05/31/opinion/31HERB.html?ex=1087556792&ei=1&en=ba19850baabb6a64