By Kiersten ‘KiKi’ Szymecki, VCU Social Work Intern
Recently, disAbility Law Center of Virginia (dLCV) became aware of reports coming out of Red Onion State Prison, a supermax state prison in an extremely remote part of southwestern Virginia, alleging that at least two and as many as six incarcerated men have set themselves on fire in acts of desperation and protest. These individuals have reported that they resorted to self-immolation (the act of setting one’s body on fire) due to conditions of indefinite isolation (solitary confinement), racism, brutality from prison staff, humiliation, unsanitary living conditions, deliberate indifference to medical needs, nutritionally inadequate meals, violent dog attacks, and other significant grievances that remain unmonitored nor held accountable by a neutral third party.
Other reporting entities, such as The Virginia Defender, Virginia Legislative Black Caucus, Prison Radio, NBC News, The Guardian, and The New York Times, have taken notice of the horrifying reports coming out of Red Onion. Yet, there remains a general lack of attention drawn to the intensity of daily human suffering. This isn’t the first time the media and the public have been notified of unusually brutal conditions at Red Onion (see 1999 Human Rights Watch, 2001 Amnesty International, and 2016 HBO Documentary: “Solitary: Inside Red Onion State Prison”). In 2021, Red Onion settled a federal lawsuit filed on behalf of Mr. Nicolas Reyes (Reyes v. Clarke, et al.) who was held for more than 12 years, in solitary confinement, because the Department of Corrections failed to accommodate language services as he is a Spanish-speaking person. Research shows the use of seclusion/solitary confinement in carceral or treatment settings has worked in opposition to effective treatment and instead has “exacerbated the suffering of people”, especially those with pre-existing disabilities such as mental health conditions as stated by Mental Health America.
As stated by the United Nations, “Inflicting solitary confinement on those with mental or physical disabilities is prohibited under international law. Even if permitted by domestic law, prolonged or indefinite solitary confinement cannot be regarded as a lawful sanction under the Mandela Rules”. The disAbility Law Center of Virginia recognizes the “severe and often irreparable psychological and physical consequences of solitary confinement and social exclusion” as said by UN Special Rapporteur Nils Melzer. By definition, as stated in The Mandela Rules, solitary is “the confinement of prisoners for 22 hours or more a day without meaningful human contact.” Anything more than 15 consecutive days is considered torture.
Director Chad Dotson of the Virginia Department of Corrections states, “The recent round of stories about Red Onion are nothing more than bad-faith efforts to score cheap political points by advocacy groups pursuing prison abolition and policies that would make Virgininas less safe”. Addressing the concerns of those currently incarcerated is not a bad-faith effort. A true bad-faith effort would be ignoring inmates’ right to an adequate standard of living while in the custody of the state and using fear-mongering of Virginians’ safety to reinforce the violation of human and constitutional rights.
To put it plainly, no person sets their body on fire unless they are acutely desperate, or acutely ill and untreated. Oversight agencies in Virginia, including the Department of Corrections, must closely examine why currently incarcerated people at Red Onion would resort to these measures, if not to match the extremely severe conditions they are faced with day in and day out.
At the time we are publishing this blog post, it is still unclear whether any of the men who have self-immolated have pre-existing or resulting disabilities. The disAbility Law Center is Virginia’s Protection and Advocacy organization. Our primary concern is to dedicate our time and resources to assist clients with disability-related problems like abuse, neglect, and discrimination. You can request assistance for yourself or someone with a disability by completing the form. You can also contact us on Mondays, Wednesdays, or Fridays from 8:30 am-4:00 pm by calling 1-800-552-3962 (toll-free) or 804-225-2042. If you don’t speak English, we can use a “language line” that helps us communicate with you in your own language.
If you want to report an issue or situation that does not directly affect you but does affect the rights of individuals with disabilities in general, please send an email summarizing those concerns to info@dlcv.org.
You can also access our resources about Correctional Settings: Know Your Rights, How to File a Complaint, and other valuable resources on our website at https://www.dlcv.org/correctional-settings.
References:
United Nations HUMAN RIGHTS Office of the High Commissioner. (2020, February 28). United States: Prolonged solitary confinement amounts to psychological torture, says UN expert [Press release]. https://www.ohchr.org/en/press-releases/2020/02/united-states-prolonged-solitary-confinement-amounts-psychological-torture
https://www.unodc.org/documents/justice-and-prison-reform/Nelson_Mandela_Rules-E-ebook.pdf
RED ONION STATE PRISON. (n.d.). Human Rights Watch. https://www.hrw.org/reports/1999/redonion/Rospfin-03.htm#P143_21232
REYES V. CLARKE, ET AL. https://www.acluva.org/sites/default/files/field_documents/complaint_vf.pdf
Kiersten ‘KiKi’ Szymecki (she/they) is a Master of Social Work graduate student at Virginia Commonwealth University, with a concentration on Administration, Planning, Policy, and Advocacy. Her focus is on addressing the larger systems at play that affect each of us in different ways. Through
intentional action, radical compassion, and out-spoken advocacy, her goal is to enhance communal quality of life by addressing root causes that impact our lived experiences. A lifelong student, she retains a sense of wonder and curiosity that informs her eclectic collection of lived experiences and education. You can find her taking classes at the local metaphysical book shop, experimenting with different expressions of creativity, cooking delicious vegan food with her partner, birdwatching, cat fostering, and anything else that provokes her interests!
dLCV Blog Content Statement: dLCV is a 501(c)3 nonprofit that provides information and referral, legal representation, technical assistance, short-term assistance, systemic advocacy, monitoring and training to Virginians with disabilities. Our services are provided free of charge. We are independent from state and local government.
The statements given by staff or volunteers for our blog content are NOT intended to be taken as legal advice. Instead, our blog content aims to focus on the lived experiences of people with disabilities and shine a light on the diverse perspectives within Virginia’s vibrant disability community.