E/CN.4/2000/16
page 29
E. United States of America
Case 1998/1: Allegations of racism and racial discrimination in the Lewisburg
penitentiary (Communication dated 22 September 1998)
124. It has been alleged that on 25 October 1995, 13 inmates at the penitentiary at Lewisburg,
including a Mr. Patrick, were beaten without any reason. All the relevant details are supplied in
a copy of the lawsuit filed in the District Court for the Middle District of Pennsylvania and dated
17 November 1997. In that copy there is a description of each of the 13 cases of aggression,
including that against Mr. Patrick. Mr. Patrick has alleged that he was handcuffed and escorted
down a corridor where he was savagely hit on the back of his head, then pushed down stairs. He
was then repeatedly punched on his face and body and subjected to racial slurs. He was ordered
to lie face down on the floor, which was covered in urine, faeces, blood and vomit, and was
forced to stay in that position for many hours. He was then robbed of his wristwatch before
being sent back to his cell. Mr. Patrick was then denied medical treatment which he seriously
needed. He is currently incarcerated at the penitentiary in Marion, Illinois.
Government reply
Background information
125. On 20 October 1995 the Federal Prison Administration ordered a nationwide lock-down
of all federal prisons as a precautionary measure following serious disturbances which had
occurred in penitentiaries in various parts of the country. These disturbances were precipitated
by the belief, which was very widespread among inmates, that the legislation on drugs was
biased against African-Americans and that harsher penalties were imposed for offences
involving crack cocaine (reportedly used primarily by African-Americans and other minorities)
than for those involving powder cocaine (reportedly used primarily by Caucasians) were aimed
primarily at minorities. That belief, together with the fact that they had just learned that the
United States Congress had voted to maintain the distinction in sentencing between the two
forms of cocaine and that the entire question had received considerable publicity during the
“million man march”, a major demonstration by African-American men, which had taken place
on 16 October. It appears that all those elements taken together triggered the disturbances. Riots
broke out in six federal prisons, and in particular on 20 October 1995 in the correctional facility
at Allenwood in Pennsylvania, situated about 20 miles from the penitentiary at Lewisburg.
126. The prison in Lewisburg had applied maximum security conditions from 20 October
onwards. The administration began partially to restore inmate programmes on 23 October, but
was unable to continue on account of a renewal of unrest. Tension continued to rise between
inmates and prison staff, the latter having learnt that an event - a collective protest or some other
hostile demonstration - was being prepared in the prison. It was decided to remove from the
general prison population certain inmates who had been identified as having a disruptive
influence.
127. Towards 1 a.m. on 25 October, a number of prison warders arrived at the entrance to one
of the dormitory units to take away the inmates who were to be separated from the others. The
inmates then began to break lights and windows, to flood the floor with water and to pour liquid