A Crime against the Humanity of Children

TYC Official Found Guilty- Not Enough

In March 2007, I wrote these words to the Child Protection Section of the United Nations and sent copies to other international children rights organizations:

Children of the poor who unfortunately become ensnared in the criminal juvenile justice system in Texas are being incarcerated and sexually molested by high level reform school officials. (A copy of the original correspondence attached below)

After a relentless fight to bring these pedophiles to justice, we received the news that one prison official has been found guilty, and the trial of another is pending.

CBS NEWS: “Ex-Texas Youth Prison Official Guilty of Abuse”

OTHER NEWS SOURCE: “Former TYC Official Convicted of Sexually Abusing Teenage Inmates”

However, there is little consolation in these convictions because the charges were understated from the beginning. Ray Edward Brookins, former assistant superintendent of the Texas Youth Commission juvenile prison facility at Pyote, Texas, was found guilty of “having an improper sexual activity with a person in custody and having an improper relationship between an educator and student.”

This hardly fits the magnitude of the crime. When you consider that these children were convicted in a court of law, many for minor misdemeanors such as school infractions, sent to prisons in small rural communities whose lifeblood depended on prison headcounts, and placed under the absolute authority of pedophile officials, then you can understand their predicament when they tried to cry out for help.

To whom could the juvenile cry when he is dragged out of his cell in the middle of the night to the warden’s office and sexually molested. It is a crime against the humanity of the child.

Brookins was vested with the police powers of the State of Texas, positioned to make life and death decisions of juvenile inmates under his authority. A Texas Ranger investigation reveals other things, such as juveniles being paired with bullies. Even the bullies testified that they understood this pairing up between the weaker inmate and the strong was for the sole purpose of “turning them out”, making sexual slaves of them. The assistant warden capitalized on these fears and exploited it for his own perverse sexual gratification with young male inmates and little boys.

When these children cried, they were not heard, because the State was too busy displaying the incarcerated juveniles as untrustworthy liars and dangerous criminals. These depictions were later proved false. Many juveniles were needlessly locked up over minor offenses, and were having their period of incarceration extended. Besides bodily harm, prison officials could determine how long juveniles can remain in lockup. Sexual favors won early release.

[Please review Email dated: Monday, March 12, 2007]

The pinnacle of horrors surrounds a 2005 Texas Rangers investigation that documented how two former West Texas State School administrators allegedly sexually abused scores of teens they yanked from their dorm beds and classrooms. Ray Brookins, who rose from the ranks of a prison guard in 1985 to captain in 1999 to supervisor at the Cotulla Unit to director of security in 2003 and later acting superintendent of the West Texas State School for troubled youth, was accused of having coerced sex with teenage boys under his care. Also accused was school principal John Paul Hernandez. Both men resigned in lieu of being fired…

A volunteer teacher at the West Texas State School cried out for juveniles being sexually abused at the facility, and it caught the ear of Sgt. Brian Burzynski of the Texas Rangers. He investigated and found Superintendent Ray Brooks living in co-habitation with a 16-year old boy. Here was a man promoted to his high state office after being disciplined for possession of pornography on his office computer and failing to administer requires drug tests upon youth inmates.

The Ranger began an investigation and here are some of things he told the legislative committee appointed by the governor to probe the allegations.

“I’m here today because I’ve got a promise to keep,” said Sgt, Burzynski. “When I interviewed the victims in this case, I saw kids with fear in their eyes, kids who knew they were trapped in an institution within a system that would not respond to their cries for help. Perhaps their families failed them, TYC definitely failed them. I promised each one of those victims that I would not fail them.” The Lone Ranger spoke and legislators shed tears.

Even after these revelations, Brookins remained assistant warden. There was a terrible reluctance to prosecute, even as Sgt. Burzynski pressed the Attorney General. [This is a story, in and of, itself]. But the saddest part about this ordeal was the incarcerated children who testified and were retaliated against, with impunity, and the employees who reported abuses terminated.

It took an international effort to force the State of Texas to clean up its juvenile penal system, and this is only the juvenile side of the corruption in the system.

The conviction of Brookins confirms our allegations against the State of Texas in violating the Human Right of Children in their custody.

REITERATION

Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance…

Bearing in mind that the need to extend particular care to the child has been stated in the Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted by the United Nations on 20 November 1959 and recognized in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in the statutes and relevant instruments of specialized agencies and international organizations concerned with the welfare of children,

Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth",

Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing Rules"); and the Declaration on the Protection of Women and Children in Emergency and Armed Conflict,

Recognizing that, in all countries in the world, there are children living in exceptionally difficult conditions, and that such children need special consideration,

Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child,

Recognizing the importance of international co-operation for improving the living conditions of children in every country, in particular in the developing countries,

Have agreed as follows:

Article 16

1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.

2. The child has the right to the protection of the law against such interference or attacks.

Article 19

1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.

Article 20

1. A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State.

3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.

Article 34

States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:

(a) The inducement or coercion of a child to engage in any unlawful sexual activity;

(b) The exploitative use of children in prostitution or other unlawful sexual practices;

(c) The exploitative use of children in pornographic performances and materials.

Article 36

States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare.

Article 37

States Parties shall ensure that:

(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below 18 years of age;

(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;

(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.

Article 39

States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child.

Article 40

1. States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.

2. To this end, and having regard to the relevant provisions of international instruments, States Parties shall, in particular, ensure that:

(b) Every child alleged as or accused of having infringed the penal law has at least the following guarantees:

(iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;

(v) If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law;


For these offenses, done with impunity under the Color of Law, as crimes only comparable under the Nazi regime, Eddie Griffin (BASG) subscribes to a punishment of death for crimes against humanity, crimes against the private persons of children made helpless by the shackles of a cruel state, and authority given into the hands of a pedophile, more heinous and malicious than Catholic priests or school teacher molesters.