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The situation faced by Iron Thunderhorse continues to worsen:
Includes Letter to Canadian Ambassador to the US:
The Honorable Frank McKenna
Texas today -- Toronto tomorrow?!?
Because of terrible, brutal reprisals by prison officials, Iron is unable to progress with the two human rights cases he has initiated in federal court against the Texas Dept. of Criminal Justice (TDCJ). These cases address the rights of disabled prisoners (initiated 2003) and of Native American prisoners (initiated 2004). When Iron's rights in these cases are upheld, tens of thousands of "similarly situated" Texas prisoners will benefit. But, right now it looks as if Iron could die from reprisals for his activism. At this web-link < http://personal.nbnet.nb.ca/annpohl/appeal.html > you will find a personal statement I helped Ruth Thunderhorse to prepare. Ruth, a former Baptist minister, reports her "heart is breaking" for her husband, and she is "having great difficulty controlling" her "fury" as TDCJ officials enact this torture and abuse "with impunity."
Not knowing what else to do, I have written The Hon. Frank McKenna to ask that he make inquiries into Iron's well being and seek his transfer to a safer facility. My request to McKenna rests on these points: (1) the US is Canada's foremost economic and geopolitical ally; (2) Canadians are committed to the principles and processes of international human rights law; and, (3) it is everyone's duty to ensure that the primary tool of international human rights law -- moral suasion -- is applied when needed, i.e. NOW, in this instance! P lease TAKE ACTION : send your own email to Ambassador McKenna asking that he get involved on Iron's behalf. I have included, further below, a template letter for your use with McKenna and other officials.
As the material at < http://personal.nbnet.nb.ca/annpohl/appeal.html > states, Iron's case is not an isolated incident in the US, although the increasing disregard of US enforcement agencies for human rights is very evident to international human rights advocates. Nor is this treatment unique in the "democratic" nations of our global world community, within which the US is the most powerful force . The squeeze is on everywhere to undermine the rights of those who seek to dissent in a non-violent, legal manner. What happens in Texas today will happen in Toronto in the foreseeable future, unless we build Canadian commitment to buck the current rollback on human rights. Canadians, through our representative in Washington, must speak to our southerly neighbour nation about the blatant human rights abuses experienced by Iron Thunderhorse, Native American leader, teacher, scholar, and activist. If not now, when will we speak up?
***Please copy me > annpohl@nb.sympatico.ca < on all emails sent to Frank McKenna.***
In solidarity for justice and peace,
AP
Sholem aleichem.
All My Relations
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My Letter to Ambassador McKenna
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July 9, 2005
The Honourable Frank McKenna
Canadian Ambassador to the United States of America
Canadian Embassy, 501 Pennsylvania Ave., NW, Washington, DC, USA 20001
Telephone: 202-682-1740
Transmitted by fax: 202-682-7701 and Email: canada@canadianembassy.org
Dear Honourable Mr. McKenna:
I write to you as a Canadian citizen who immigrated to Canada from the USA in 1968. My four children were born here and my entire working life has been spent in Canada. In 1973, I chose to become a Canadian citizen because our culture holds in high esteem the principles of human rights and peace. Working closely with Indigenous people over the past 15 years, I have gained some experience in human rights law, particularly as it applies to civil and political rights.
In January 2005, a Native American elder, historian, and community leader from Pennsylvania asked me to look into the situation of Iron Thunderhorse. Iron (formerly known as William Coppola) is prisoner #624391 at the Polunksy Unit in Livingston, Texas, in the Texas Department of Criminal Justice (TDCJ). He is also a trained paralegal community worker, a human rights activist, a scholar, and a Native American (Wabano/Quinippiac) spiritual leader. The manner in which Iron was accused, tried, and imprisoned, beginning in 1978, raises profound questions about whether he might be regarded as a political prisoner, but that potential human rights violation is not the subject of this letter. I write about the endangerment of Iron's life by TDCJ officials.
For almost 30 years, Iron and a number of other courageous “jailhouse lawyers” have suffered continuous abuse and danger for their advocacy of human rights inside TDCJ. These advocacy efforts resulted in acknowledgement, by both the US federal court system and international human rights groups, that human rights abuse is the norm in TDCJ facilities (see section 7 of document found at http://personal.nbnet.nb.ca/annpohl/appeal.html ). TDCJ is very conscious that the US federal court system has been deeply troubled about the internationally known brutal and discriminatory way that many prisoners are treated in TDCJ facilities. Their system was under direct federal court supervision for two decades until 2001. At that time, concurrent with a general shift in US attitudes on law-and-order matters, TDCJ brought its own legal action to have the federal oversight removed. They were successful, with the result that the human rights situation inside TDCJ institutions has deteriorated again. Iron has incurred the wrath of TDCJ officials by using his extensive knowledge and experience of their system and the law to bring two human rights complaints before the US federal court system: one on the rights of disabled prisoners (2003) and the other on the cultural rights of Native American prisoners (2004). Tens of thousands of vulnerable prisoners stand to gain from the legal action Iron Thunderhorse has brought before the courts.
Mr. McKenna, as our Ambassador to the United States, I turn to you as my spokesperson. Someone with ethical authority who cares about human rights must inquire into the terrible systemic abuse and reprisals Iron is enduring. Otherwise, he may not survive. The brutality of TDCJ officers is their response to his effective activism. His wife, Ruth Duncan Thunderhorse, believes that TDCJ may even prefer to face a “wrongful death” suit than to let Iron's cases wend their way successfully through the court system. Iron Thunderhorse must be transferred immediately to a safer facility.
As an individual, and from the moment of his incarceration, Iron insisted on his inalienable cultural rights to be recognized as Native American, and to practice his traditional spirituality (religion). As he has aged and became disabled, he has insisted that TDCJ meet his needs as an older, legally blind, and physically disabled human being. However, in keeping with his traditional indigenous ethics, he does not fight just for himself. Rather, he advocates for everyone who is Native American and disabled in TDCJ facilities, as his two court cases demonstrate.
In recent weeks, Iron has been beaten, denied vital medications and medical care, denied the right to go to “chow hall” to eat, sprayed with pepper spray and left covered with it by officers' orders even though medical personnel wanted to decontaminate him, denied visits from those who could observe his condition, and much more. Despite his current situation, Iron's greatest concern is that this retaliatory escalation of brutality and discrimination makes it impossible for him to progress with the two human rights cases. Equipment and communication he needs to do this work has been denied, and his wife is certain that his legal mail has been tampered with. This hijacking of justice is, of course, exactly what TDCJ wants to accomplish. At the moment, it appears they are being successful. All this is described in An Appeal for Human Rights Legal Advocacy on Behalf of Iron Thunderhorse , found on the website provided above.
Mr. McKenna, you are the only person I can ask for help with this matter. More than anything else, international human rights “law” works through moral suasion. The Canadian people are proud of the positions taken by Canadian leaders and ambassadors on the international stage, in defence and promotion of human rights. As a society, we believe in our internal efforts to monitor and hold ourselves accountable on human rights matters. I would never suggest that Canada has historically been “fair” in the treatment of indigenous persons, inside or outside of penal institutions. Yet, from my experience with Ipperwash and other issues, I make the following statement without qualms: if the situation Iron is experiencing happened to an indigenous person in Canada, there would be an enormous outcry at all levels of our civil society, throughout our domestic political system, and internationally. The United States of America is Canada's major geopolitical and economic ally. As a consequence of this alliance, Canada's moral authority is diminished if we do not advocate for the prison system within the US to hold itself accountable to international human rights standards.
Iron Thunderhorse's effort as a human rights defender shows his enormous personal strength of character and courage. A person with his level of commitment deserves the support of others who care about human rights. An intervention by the Canadian government could result in the protection of the life of this courageous and dedicated human rights activist. I hope for an immediate reply from you .
Respectfully yours,
<signed>
AP, M.Ed.
Cc: The Toronto Star, Globe & Mail, CBC, APTN, Canadian/US/international human rights and indigenous organizations, Prime Minister Paul Martin and other Canadian political leaders
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Your Template Letter for McKenna
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Dear Honourable Mr. McKenna:
Ruth Duncan Thunderhorse, wife of Iron Thunderhorse (prisoner #624391), has called for help for because her husband is being discriminated against at the Polunsky Unit of the (TDCJ). Iron Thunderhorse is a traditional Native American, as well as a trained community paralegal and a human rights activist. Among other actions, he was one of the TDCJ prisoners who gave evidence to the Ruiz Inquiry . Two prisoners who testified with him, at that time, were murdered in prison shortly afterwards. A number of Ruiz Inquiry participants were subsequently moved to federal prisons for their safety, although Iron was not.
Iron's human rights advocacy efforts have made him unpopular among some TDCJ personnel. Since Iron testified in federal court in April on one of the two human rights actions he has personally placed before the courts, he has experienced an escalating level of brutality and viciousness by TDCJ personnel. Even prior to a June 7 th incident in which TDCJ forcibly attempted to cut his hair (in violation of his traditional religion), Iron requested a transfer for “Life Endangerment” reasons: TDCJ personnel had made threats against him. The transfer request was denied, as was a related attempt to get a Temporary Restraining Order in order to safeguard his life inside the Polunsky Unit. During the June 7 th incident, Iron was both beaten and subjected to pepper spray. Officers prohibited medical personnel from decontaminating him and Iron was left, covered with the spray, for an extended period. All visits were also cut off at that time. He was also restricted from going to "chow hall," and forced to rely on food brought to him by other prisoners.
Over the past decade or more, Iron was given medical passes for: “Front Handcuff Only,” protective eye-pads, use of a navigational cane, and for “Handicapped Shower” due to his physical and visual disabilities. These have apparently been revoked. As well, Iron Thunderhorse's typewriter and lamp, required for ongoing legal matters in which he represents himself, have been confiscated. The electric fan he requires was also confiscated. His eyeglasses and UV protectors, required for medically documented sight/pain problems (and necessary for his legal work), were “lost” in the June 7, 2005 incident. As Iron apparently would not be eligible for new glasses from TDCJ until Fall 2005, his wife asked TDCJ officials if she could have new glasses sent in for him but this request was not approved. Further, Iron has been prescribed many “Keep On Person” medications for several conditions. His supply of these medications is gone or is about to expire. Finally, recent aggravation of his medical conditions has resulted in excruciating pain, compounded by lack of medications. As of last word from Iron, his efforts to get medical attention have led to only five “medical lay-ins.”
I urge you to look into this matter and to take appropriate action. These confiscations and restrictions are violations of Iron Thunderhorse's human rights – shameful behaviour that must be corrected immediately. I am relying on you to ensure that Iron Thunderhorse's basic human rights are upheld. In addition to immediate attention to his medical and nutritional needs, this 60 year old, courageous, disabled, and legally blind man requires a transfer to a federal prison for his safety. Please inform me what course of action you are undertaking, as my representative to the US, to protect Iron Thunderhorse's life and correct these horrible abuses of human rights.
Sign here with:
Name, contact info, organizational affiliation if relevant
For our records, please copy any letters you send, as well as any responses you get, to either or both:§ Ruth Duncan Thunderhorse, 912 Tenth Street, Huntsville, Texas, USA, 77320
§ Ann Pohl: annpohl@nb.sympatico.ca
Additionally, please copy your letter to Ambassador McKenna to the following Canadian and US officials and politicians:
§ The Right Honourable Paul Martin, Prime Minister of Canada, pm@pm.gc.ca ;
§ The Honourable Pierre Pettigrew, Minister of Foreign Affairs, Pettigrew.P@parl.gc.ca ;
§ Rick Perry, Governor of Texas, P.O. Box 12428, Austin, TX 78711-2428; Fax (512) 463-1849; Tel (512) 463-2000; Email: rickperry@rickperry.org ;
§ Kathy Cleere, Ombudsman, TDCJ; P.O. Box 99, Huntsville, TX 77342-0099; Fax (936) 295-8712; Tel: (936) 437-8035; Email: ombudsman@tdcj.state.tx.us ;
§ FBI, Civil Rights Division, 2500 East T.C., Jester, Houston, TX 77008;
§ Doug Dretke, Director, Correctional Institutions, P.O. Box 99, Huntsville, Texas, 77342-0099; Fax (936) 437-6325; Tel (936) 437-2169;
§ Dr. Lanette Linthicum, Director, TDCJ Health Services Division, 3009-A Highway 30 West, Huntsville, TX 77340-3517;
§ Dr. Ahia Shabaaz, Office of Professional Standards, TDCJ, 3009-A Highway 30 West, Huntsville, TX 77340;
§ The University of Texas Medical Branch Galveston, Correctional Managed Care, Quality Services and Risk Management, 301 University Boulevard, Galveston, TX 77555-1007. Ruth asks for your prayers... and for letters of support addressed to Iron. His adddress is:Polunsky Unit, 3872 FM 350 South,
Livingston, Texas
USA 77351