From Persecution to Prison - Bellevue/NYU Program for Survivors of ...

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Administrative segregation separates a detainee from the general prisonpopulation when his presence would pose a threat to the detainee, staff,property, security or the order of the facility and is not punitive. Detaineesin administrative segregation should receive the same basic privileges asthe general population, which is more than those in disciplinary segregation.372 In both forms of segregation a supervisor is to check daily on thedetainee and a medical officer is to check on the detainee three times aweek. 373 The DIHS specified a medical provider will evaluate a detainee insegregation once a day, from Monday to Friday. 374 The NCCHC also callsfor a medical officer to determine the segregated detainee’s health statusthree times a week. 375ShacklingShackles or “physical restraints” are to be used only in specified situations.The standard on “Use of Force” mandates that “physical restraintsshall be used to gain control of an apparently dangerous detainee onlyunder specified conditions.” 376 Restraints may be used “to prevent thedetainee from harming self or others, or from causing serious propertydamage.” 377 Restraints may not be used in any circumstances “to punish adetainee.” 378 Nor shall they be used to “cause physical pain or extremediscomfort.” 379 When used, restraints must be applied “with the minimum-pressure-necessary.”380 Restraints may not be “unnecessarilytight.” 381 “Hard restraints (e.g., steel handcuffs and leg irons) will be usedonly after soft restraints prove (or have previously proven) ineffective withthis detainee.” 382The same standards apply when detainees are being transferred. 383 Toensure safe and humane treatment, the officers will check the fit ofrestraining devices immediately after application, at every relay point, and371INS Detention Standard: Special Management Unit (Disciplinary Segregation).372INS Detention Standard: Special Management Unit (Administrative Segregation).373INS Detention Standards: Special Management Unit (Disciplinary Segregation), SpecialManagement Unit (Administrative Segregation).374DIHS Manual, chapt. 8.375NCCHC Standards, J-43, Health Evaluation of Inmates in Segregation.376INS Detention Standard: Use of Force.377INS Detention Standard: Use of Force.378INS Detention Standard: Use of Force.379INS Detention Standard: Use of Force.380INS Detention Standard: Use of Force.381INS Detention Standard: Use of Force.382INS Detention Standard: Use of Force.383INS Detention Standard: Transportation (Land Transportation).LEGAL STANDARDS 179
any time the detainee complains.” 384 The transportation standards furtherprovide that “[u]nder no circumstances will officers attach a restrainingdevice to an immovable object, including, but not limited to, security bars,seats, steering wheel, or any other part of a vehicle.” 385 Approvedrestraints include handcuffs, leg irons and “waist” or “belly” chains. 386RecreationThe policy underlying the standard on recreation states, “All facilities shallprovide detainees with access to recreational programs and activities, underconditions of security and supervision that protect their safety and welfare.”387 Procedures and standards require that every effort be made to“place a detainee in a facility that provides outdoor recreation. If a facilitydoes not have an outdoor area, a large recreation room with exercise equipmentand access to sunlight will be provided. (This does not meet the requirementfor outdoor recreation).” 388 Detainees are entitled to at least one hourof outdoor exercise per day, five days a week, weather permitting. 389As recognized by the Detention Standards, facilities lacking access tooutdoor space do not fulfill the recreation requirements. Therefore, thesefacilities must comply with further standards. According to the Standards,“[i]f only indoor recreation is available, detainees shall have access for atleast one hour each day and shall have access to natural light.” 390Detainees held in facilities lacking outdoor recreation may be eligible fortransfer to one that does after six months in detention. 391 The NCCHCspecifies that detainees be “offered exercise involving large muscle activity,for at least one hour a day, three times a week. 392Concluding Remarks on Detention StandardsNotably, no provision of the Detention Standards expresses the specialconcern conveyed in international law and standards for asylum seekers’“non-criminal” status. The INS placed detained asylum seekers, who havenot been charged or convicted of criminal offenses, in criminal justicefacilities for convicted prisoners or those charged and detained pre-trial.Indeed, to ensure humane treatment, all inmates, both detained immi-384INS Detention Standard: Transportation (Land Transportation).385INS Detention Standard: Transportation (Land Transportation).386INS Detention Standard: Use of Force.387INS Detention Standard: Recreation.388INS Detention Standard: Recreation.389INS Detention Standard: Recreation.390INS Detention Standard: Recreation.391INS Detention Standard: Recreation.392NCCHC Standards, J-46, Exercise.180 FROM PERSECUTION TO PRISON
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From Persecution to Prison:The Heal
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CONTENTSAcknowledgements . . . . .
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The Bellevue/NYU Program for Surviv
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don, Miranda Ip, and Meriam Alrashi
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Significant symptoms of depression
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Detained asylum seekers participati
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persecution, yet most emphasized ho
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In many facilities, the response to
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years in detention, she finally got
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abuse For example, while being take
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They didn’t let me use the phone
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intensely personal events they had
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Limitations of this study include t
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Non-governmental organizations serv
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22 FROM PERSECUTION TO PRISON
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the late 1990s ranging from 10 to 7
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Historical BackgroundFor most of th
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international standards with the 19
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apply for asylum make up the majori
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tion judge. 57 Yet in many parts of
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York and Newark, New Jersey has had
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trict began denying parole to them
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Correctional Facility in 2000. “[
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men of which 750 were detained on i
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from that same country from seeking
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Detention Facilities in this StudyF
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high reliability in numerous langua
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York County Prison in York Pennsylv
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TABLE 2:Demographic Characteristics
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TABLE 4:Prevalence of Pre-Migration
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on a part time basis, researchers w
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Case #1(DK): “Loneliness and Fear
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TABLE 6:Hopkins Symptom Checklist-2
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TABLE 8:Harvard Trauma Questionnair
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think such services were available.
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When I am talking to you now it is
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After being granted asylum and rele
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“Being here is like going through
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In my country even though I became
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how long they were there - six mont
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Thoughts of SuicideSeveral asylum s
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here?’ I told the doctor, they br
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Another subject reported a positive
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substantial distance from their att
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eported that her experience in dete
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e somatic manifestations of the psy
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Case #2 (JG): “Health Care in Cha
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TABLE 11:Detainee Perceptions of He
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TABLE 13:Availability and Quality o
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detainees, or because they did not
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Difficulty Obtaining Specialized Ca
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Another detained asylum seeker repo
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One detainee who speaks French and
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Detention Facilities in this StudyS
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even though many reported having ex
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CASE #3 (HN): “SOLITARY CONFINEME
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Here, I’m scared. In [the detenti
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emote control and watch what he wan
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Whenever someone misbehaves, they t
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This subject was himself threatened
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One detainee reported several incid
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Some Process Exists to Respond to R
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There were no witnesses other than
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tion. An INS officer said they put
Page 137 and 138: There is an Anglican minister who c
Page 139 and 140: The dentists didn’t explain anyth
Page 141 and 142: tion between dental age and chronol
Page 143 and 144: Case #4 (LK): “Fifteen-Year-Old G
Page 145 and 146: 136 FROM PERSECUTION TO PRISON
Page 147 and 148: TABLE 16:Treatment/Abuses Reported
Page 149 and 150: “There is no political asylum her
Page 151 and 152: I was crying. I was so afraid with
Page 153 and 154: save her life, but was not able to
Page 155 and 156: Case #5 (CR): “Begging for Mercy
Page 157 and 158: ehind and told me to sign. He physi
Page 159 and 160: days and it is now 2 years and four
Page 161 and 162: viewers asked for additional inform
Page 163 and 164: y study participants. In evaluating
Page 165 and 166: trast, under US law, detention of s
Page 167 and 168: nation for an asylum determination
Page 169 and 170: very negative effects of detention
Page 171 and 172: authority to grant asylum and with
Page 173 and 174: absconding.” 250 Since the passag
Page 175 and 176: said “[F]reedom from imprisonment
Page 177 and 178: Standards relevant to this study ar
Page 179 and 180: “detained person” generally as
Page 181 and 182: which they are charged and a fair h
Page 183 and 184: esponse to substantial public press
Page 185 and 186: specified procedures, provided they
Page 187: PunishmentThe Detention Standard on
Page 193 and 194: while in detention, thus adding to
Page 195 and 196: Establish a Uniform National Parole
Page 197 and 198: that effect. These officers should
Page 199 and 200: Besides their inaccuracy, these exa
Page 201 and 202: friends so asylum seekers can maint
Page 203 and 204: appropriate staffing of such groups
Page 205 and 206: efugees and asylum seekers who win
Page 209 and 210: of thorough documentation. However,
Page 211 and 212: Human development is complex and di
Page 213 and 214: 18. Country from which fleeing pers
Page 215 and 216: 9. Being close to death.10. Forced
Page 217 and 218: Complete for each health problem:5.
Page 219 and 220: Explain:(Interviewer: Write brief n
Page 221 and 222: 2. Depression SymptomsA How much we
Page 223 and 224: B. You said that you have experienc
Page 225 and 226: Explain:13. How was your physical h
Page 227 and 228: Yes ...........1No............22. W
Page 229 and 230: Explain:20. At the time of your arr
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