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is no evidence that the representatives of the prison authorities acted in a gratuitous or
unprovoked fashion and not with the aim of quelling the disturbance. In fact, they were
responding to a dangerous situation in which a large number of prisoners were engaging in
violent disturbances.
133. The prison administration states that 7 of the 13 complainants, including Mr. Patrick,
were in prison for reasons other than drug offences. Mr. Patrick had been sentenced for armed
robbery with violence by the court for the District of Columbia. Thus their allegations of racism
cannot logically be tied to allegedly discriminatory sentences pronounced in cases of drug
offences.
Case 1998/2: allegation of racism and racial discrimination in Green Haven Correctional
Facility (Stormville, New York (communication dated 22 September 1998)).
134. Mr. Amaker, who is currently detained in Green Haven Correctional Facility (Stormville,
New York), alleges that he was beaten on 3 November 1995 with batons and a flashlight in
retaliation for writing complaints against the officials of the prison.
135. Following that incident, Mr. Amaker asked for a medical examination, and in particular
for an MRI x-ray, which he was denied for two years. Eventually he was examined by
Dr. Lester Silver, who said that Mr. Amaker’s allegations were lies, covering up the alleged
abuses, in violation of the Patients’ Bill of Rights. The plaintiff claims that he has suffered
serious injury to the head, back, arms, legs and face. He also suffers from psychological
disturbances due to post-traumatic stress caused by systematic reprisals and intimidation,
flagrant manifestations of racial discrimination and imprisonment for five years in a special unit
in the establishment. Mr. Amaker also claims that his religious beliefs (as a Muslim) were not
respected, since he was forced to have an anti-tuberculosis injection containing human protein.
136. Mr. Amaker brought an official civil complaint before the United States District Court,
Eastern District of New York, on 28 November 1996, but no sanction has been taken against the
prison officials.
Government reply
137. Mr. Amaker alleges that after he had made written complaints against officials at the
Green Haven prison, he was brutally beaten as a reprisal and was denied medical care. He says
that he received serious injuries on the head, neck, arms, legs and face during this incident,
which occurred on 3 November 1995; he also alleges that he suffers from psychological
disturbances following a traumatism caused by continual punitive and vexatious measures and
flagrant racism. He states that he was placed in a special unit of the prison for five years. He
also considers that his religious beliefs were violated, since he was forced to take an
anti-tuberculosis injection containing human protein. The communication states that on
28 November 1996 Mr. Amaker opened civil proceedings against the prison administration.
138. Mr. Amaker provides no details of his complaints against the prison administration; he
does not indicate the date on which he made the complaints or of their content. Nor does he
offer any evidence in support of what appears, with the incident of 3 November 1995 and the