[Ppnews] Electric Shock and Long-Term Restraint on Children and Adults with Disabilities
Political Prisoner News
ppnews at freedomarchives.org
Wed May 5 15:41:26 EDT 2010
TORTURE NOT TREATMENT
Torture not Treatment:
Electric Shock and Long-Term Restraint in the
United States on Children and Adults with
Disabilities at the Judge Rotenberg Center
Urgent Appeal to the United Nations Special Rapporteur on Torture
Presented by:
Mental Disability Rights International
1156 15th Street NW, Suite 1001
Washington, DC 20005
www.mdri.org
http://jonathanturley.files.wordpress.com/2010/05/usreportandurgentappeal.pdf
Executive Summary
Torture not Treatment: Electric Shock and
Long-Term Restraint in the United States on
Children and Adults with Disabilities at the
Judge Rotenberg Center is the product of an
investigation by Mental Disability Rights
International (MDRI) into the human rights abuses
of children and young adults with mental
disabilities residing at the Judge Rotenberg
Center (JRC) (formerly known as the Behavior
Research Institute) in Canton, Massachusetts, United States of America (US).
This report is an urgent appeal to the United
Nations Special Rapporteur on Torture or other
Cruel, Inhuman or Degrading Treatment or
Punishment, by Mental Disability Rights International (MDRI).
We request that the Special Rapporteur initiate
an inquiry into the abusive practices perpetrated
against the residents of JRC and licensed by the
State of Massachusetts. MDRI contends that the
severe pain and suffering perpetrated against
children and adults with disabilities at JRC
violates the UN Convention against Torture. US
law fails to provide needed protections to
children and adults with disabilities.
This urgent appeal documents human rights abuses
at what is called a special needs school. The
fact that the intentional infliction of pain to
punish students for certain behaviors is called
treatmen - for children and adults with
disabilities - does not render these practices
acceptable, necessary or legal. At JRC, pain is
the treatment. JRC practices a form of aversive
therapy that is unique in the United States.
JRCs practices are based on a theory of
behaviorism that mental disabilities can be
extinguished by an elaborate system of rewards
and punishments for acceptable or unacceptable
behavior. To implement this program, authorities
at JRC intentionally inflict severe pain on
children with disabilities entrusted to their
care. The maltreatment of children and
adolescents with disabilities at JRC constitutes
both physical and psychological abuse, couched in
the name of treatment. The treatment at JRC is
punishment. Children are subject to electric
shocks on the legs, arms, soles of their feet,
finger tips and torsos in many cases for years,
and for some, a decade or more. Electric shocks
are administered by a remote-controlled pack
attached to a childs back called a Graduated
Electronic Decelerator (GED). The shocks, which
last 2 seconds each, are so strong as to cause
red spots or blisters to the skin. Some students
have received dozens even hundreds per day.
The level of shock is unbelievable, very painful
. No other class of citizen in the United States
could be subjected to this. You could not do this
to a convicted felon. MDRI interview with
psychologist who visited JRC on behalf of the New
York State Department of Education
The United Nations Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment, ratified by the US in 1994, prohibits
torture without exception even if it takes
place in a school or a medical establishment and
is justified by authorities as a form of treatment.
By reframing violence and abuse perpetrated
against persons with disabilities as torture or a
form of ill-treatment, victims and advocates can
be afforded stronger legal protection and redress
for violations of human rights Manfred Nowak,
United Nations Special Rapporteur on Torture
Additionally, children are shackled, restrained
and secluded for months at a time. Social
isolation and food deprivation as punishment is
common. Mock and threatened stabbings to
forcibly elicit unacceptable behaviors which then
result in electric shock punishments (known as
Behavioral Research Lessons or BRLs) - have been
reported to MDRI and state regulatory bodies as well.
The worst thing ever was the BRLs. They try and
make you do a bad behavior and then they punish
you. The first time I had a BRL, two guys came in
the room and grabbed me I had no idea what was
going on. They held a knife to my throat and I
started to scream and I got shocked. I had BRL s
three times a week for stuff I didn t even do. It
went on for about six months or more. I was in a
constant state of paranoia and fear. I never knew
if a door opened if I would get one. It was more
stress than I could ever imagine. Horror. MDRI
interview with former JRC student
Behaviors deemed aggressive getting out of a
chair without permission and behaviors referred
to as minor and non-compliant behaviors raising
your hand without permission are all punishable
by electric shocks, restraints and other punishments.
MDRIs findings are consistent with decades of
reports by numerous state agencies, legal and
disability advocates, media reports, first-hand
accounts and interviews of former students,
parents of students, staff, and in many cases,
JRCs own informational website.
It is imperative that JRC devise a protocol for
reassessing the effectiveness of the aversive
interventions [shock] once they have been tried
for 5 years with only limited effectiveness
April 2009 report Massachusetts Department of Mental Retardation (DMR)
Despite the overwhelming evidence of abuse at
JRC, domestic remedies to end these abuses have
failed. And in some cases, states have adopted
regulations permitting the use of painful
aversives, and the courts have upheld such
regulations which undermine the protection of
children and adolescents at JRC from cruel and inhuman treatment or torture.
The prohibition against torture under
international law is reserved for the most
egregious acts. To rise to the level of torture,
an act must meet each of four criteria identified
in article 1 of the UN Convention against
Torture. Some practices documented at JRC meet each of these elements of
torture because (1) the pain and suffering
inflicted is severe; (2) this pain is inflicted
intentionally; (3) the infliction of pain is for
a purpose that is coercive or discriminatory; and
(4) these practices are conducted with the
consent or acquiescence of public officials.
The use of electric shock or long-term restraint
would never be tolerated on individuals without
disabilities. The discriminatory nature of JRCs
practices becomes clear when they are compared to
strikingly similar practices widely understood to
constitute torture or ill-treatment.
One girl who was blind, deaf and non-verbal was
moaning and rocking. Her moaning was like a cry.
The staff shocked her for moaning. Turned out she
had broken a tooth. Another child had an accident
in the bathroom and was shocked. MDRI interview with former JRC teacher
To the best of our knowledge, JRC is the only
facility of any kind in the United States and
perhaps indeed in the world which uses
electricity, combined with long-term restraint
and other punishments, to intentionally cause
pain to its children with behavioral challenges and calls it treatment.
I was kept in a small room, isolated
one staff
and me for a year and a half. JRC video
testimonial in support of GED, JRC website
I was in restraints constantly
I was in an
isolated room. Then I went on the GED - JRC video
testimonial in support of GED, JRC website
Long-term effects from electric shock can
reportedly include muscle stiffness, impotence,
damage to teeth, scarring of skin, hair loss,
post-traumatic stress disorder, severe
depression, chronic anxiety, memory loss and sleep disturbance.
Physical restraints combined with electric shocks
are also used as a form of aversive treatment.
While receiving electric shocks, children can be
tied down in four-point restraints sometimes in
a prone, face-down position. In testimony posted
on JRCs website, children and parents have
reported that restraints may be used
over-and-over for months at a time. One mother
reported to MDRI that her child was held in restraints for two years.
If students are non-compliant or aggressive, 4 or
5 staff will wrestle kids to the floor and strap
them to a board face down and then shock them. I
have seen it more than once. They yell help and
send someone. They could be there like that for
12 hours or more until they complied. MDRI
interview with former JRC teacher
Because these abuses have continued unabated for
almost four decades and because the use of
domestic remedies has been unsuccessful in
stopping these human rights abuses, MDRI submits
this document to the office of the United Nations
High Commissioner for Human Rights and the
Special Rapporteur on Torture and to the
Committee Against Torture (CAT), as an urgent appeal.
The dehumanization and depersonalization of
children at JRC by way of state-sanctioned
punishment with electric shocks, 4-point
restraint boards, mock assaults, food
deprivation, shock chairs and shock holsters
fosters an environment ripe for abuse and one
that would not be tolerated especially against
children - in any other setting.
MDRI also calls on the Obama Administration and
the U.S. Department of Justice to take immediate
action to end the abuses against children with
disabilities living at JRC. MDRI calls for a
total and immediate ban on the use of electricity
and long-term restraints to punish children.
Under international human rights law, the United
States is obligated to investigate and prosecute
acts of torture or inhuman and degrading
treatment and to provide reparations for
individuals subject to these practices.
Freedom Archives
522 Valencia Street
San Francisco, CA 94110
415 863-9977
www.Freedomarchives.org
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