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ABDUL OLUGBALA SHAKUR PRISONERS' RIGHTS INITIATIVE

Introduction

In 1996 this government passed and enacted the Anti-Terrorism and Effective Death Penalty Act (AEDPA) 28 U.S. CA. 2244 (West Supp. 1998). The new law imposed a one year statute of limitation to be applied to an application for a writ of habeas corpus by a person in custody pursuant to the judgement of a State Court.

This law was implemented with little or no concern for the prisoner's ability or capacity to comply with this law. Here at Pel ican Bay State Prison eighty to ninety percent of the Security Housing Unit (SMU) prisoners have no knowledge of how this law works or applies to their individual cases. There are many who are not even aware of the existence of the AEDPA, for our keepers have made no effort to inform us of the AEDPA or what it consists of. This is a very relevant issue. For one, how are we expected to comply with a law tht we have no knowledge of? And ignorance of the law is not accepted or recognized as mitigating circumtances before the court.

I will reiterate the about question before the Public: How do we comply with a new law when we have no knowlege of it? Especially when the penalty for failing to comply is so great? In the case of the AEDPA it can be a matter of life or death. A prisoner on Death Row who fails to comply would forfeit his or her right to appeal, but if they are not aware of the law, how could they comply? Keep in mind, we are practically dependent on our keepers to provide us with the necessary information. If they do not inform us, most likely we won't know our rights and the time restriction mandated by law until it's too late, e.g. a fait accompli - the execution of a possibly innocent person!

As a prisoner housed in the Security Housing Unit (SHU) here at Pelican Bay Prison since 1990, I personally did not become aware of the AEDPA until 1998, almost two years after it's enactment! We are in isolation and our access to the law library is basically non-existent, so if our keepers neglec t to inform us of these new laws, how do the courts expect us to comply? To ignore this would be a grave injustice to humanity and common decency!

The need for this Initiative is necessitated by the need to find justice and fair play as it pertains to prisoners' right to seek relief from the courts. But too often this right that is allegedly guaranteed by the U.S. Constitution is impeded by institutional procedures and neglegence.

At present the Attorney General's Office has an undue advantage. All they have to do is recommend that our writ must be dismissed on grounds that the petitioner failed to comply with the AEDPA. The courts in most instances will support the Attorney General's recommendation, in spite of the fact tht the petitioner did not know about the AEDRA. This is not fair play, especially for those of us who are in isolation/solitary confinement. This would only facilitate the possibility of an innocent prisoner spending the rest of his/her life in prison or be unjustly murdered by the State.

The enactment of this Initiative would guarantee us the right to know those laws which can and have an adverse affect on the prison population. We are only asking for a fair chance to exercise our rights and our access to the courts. The enactment of this Initiative will also protect the poor New Afrikan (Black) and Mexican/Latino communities from the California Department of Corrections' (CDC) rules and regulations which may have a negative impact on them, e.g. we as prisoners are required to pay a $5 medical fee each time we visit the prison doctor. This procedure forces our poor, hard working families and loved ones to pay for our medical fees. This is an undue burden on our families - equivalent to being double-taxed. They already pay taxes to keep these prisons running. Too often procedures are implemented by the CDC without any consideration to the social ramifications. This Initiative will require the CDC to consider all social implications/ramifications before arbitrarily implementing a new rule or policy. This Initiative is in search of justice, and should not be dismissed because the author of this Initiative is in prison.

Abdul Olugbala Shakur
Executive Director
New Afrikan Institute for Criminology 101

Sharifa Defina Shakur
Coordinator
Black Panther Party Press

Sitawa Nantambu Jamaa
Executive Director
New Afrikan Collective Think Tank

A

Part One

Article One: Anytime a Bill/law is enacted that can and/or will have an affect on the prison population, the California Department of Corrections is obligated to provide the prison population with the necessary information, if not easy access to the information.

Article Two: Anytime a Bill/law is enacted that carries a stiff penalty for the prison population for failing to comply, the California Department of Corrections is obligated to provide all prisoners under its custody that will be affected by the law a copy of the new law. Especially for those prisoners on Death Row and those being housed in the Security Housing Units (SHU), both at Pelican Bay State Prison and Corcoran State Prison.

Article Three: Before the State Legislature can decide or enact a new law that can impa ct the prison population in an adverse way, they are obligated to conduct an extensive investigation prior to the enactment of the new law to determine its impact on the prison population and the possible social ramifications on the poor New Afrikan, Mexican and Latino communities from which the majority of the California Department of Corrections prison population comes.

Part Two

Article Four: The California Department of Corrections will be obligated by law to inform all prisoners under its custody of the AEDRA, and provide them with access to the complete application of the law and what it consists of, e.g. distribute a copy of the AEDRA to all prisoners so thay can be aware of its existence and how it applies to their individual cases.

Article Five: Anytime the California Department of Corrections implements a new rule or regulation that can/will have an adverse affect on society, the New Afrikan, Latino and Mexican communities in particular, they are obligated to conduct an extensive investigation into the possible social ramifications. Note: no investigation should take less than 90 days.

Article Six: If the California Department of Corrections fails to comply with the Articles in this Initiative and they display a deliberate indifference towards their implementation and enforcement, the California Department of Corrections will be legally liable for their failure to comply.

Abdul Alugbala Shakur
Date: 6/24/01

Abdul Olugbala Shakur
s/n J. Harvey
D-4-102/C-48884 (SHU)
P.O. Box 7500
Crescent City, CA 95532
Pelican Bay State Prison

Sitawa Nantambu Jamaa
s/n R. Dewberry
D-6-113/C-35671 (SHU)
P.O. Box 7500
Crescent City, CA 95532
Pelican Bay State Prison

Sharif DeFina Shakur
c/o Black Panther Party Press
P.O. Box 135
Daly City, CA 94016-1305
email: heldhostage@egroups.com
www.BlackPantherPartyPress.com

Joseppi
c/o Mediattack!
2007 Wilshire Blvd., #604
Los Angeles, CA 90057
http://mediattack.digitalbomb.com

Dr. Dorothy B. Fardan
c/o So Journer Truth Farm School
P.O. Box 311
Poolesville, MD 20837
(301) 860-3105

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