Tags Fifth Amendment
Tag: Fifth Amendment
We as prisoners did not forfeit our citizenship when we came to prison or the laws which are designed to protect our basic human rights and dignity. The implementation and enforcement of the Anti-Terrorism and Effective Death Penalty Act was a clear procedural deprivation of our rights under the Fifth and 14th Amendments. The Fairness and Restoration Act 2015 is about restoring fairness and justice to those who were denied it.
The Eighth Amendment prohibits cruel and unusual punishment, which is torture, which is us prisoners being held in solitary confinement indefinitely, without ever breaking a prison rule or state or federal law, anywhere from 10 to 40 years, under conditions of sensory deprivation, isolation, etc., etc. The fact that solitary confinement is torture is recognized by the U.N. – but not by the U.S., yet.
My husband, Robbie James Riva, who currently resides at Calipatria State Prison, has maintained his innocence for the past 11 years. After his appeal was denied in 2009 and there was no more money to pay an attorney, I decided to take it on myself. We put our minds together, our strength, our love and we told each other we could do this and we did. He wrote his appeal himself with the documents I sent him.
This petition will serve as a constructive notice for the peaceful protest which will be carried out as an alternative means of petition in the event that our conditions and demands are not met in a timely manner. [A notation on the cover letter to the petition says the hunger strike started Dec. 28, 2011.] Petitioners have filed appeals and grievances to no avail. Our constitutional rights are being violated. We are bound by the Constitution of the United States, and therefore its protection extends to us as well.
Solitary confinement in the Pelican Bay State Prison Security Housing Unit (SHU) is a reflection of our inhumane treatment and clearly violates our constitutional rights under the First, Fifth, Eighth and 14th Amendments.
Although on a very small scale (which by no means diminishes the deed), we, the people, have wrought a revolution – “a sudden and momentous change in a situation” – and accomplished in 12 days what the powers that be have repeatedly told us would never happen.
Three prisoners sentenced to death for their leadership of the 1993 Lucasville rebellion, now at Ohio State Penitentiary, have been on hunger strike since Jan. 3. An Open Letter that will be presented to prison officials at tomorrow's rally has collected more than 500 signatures from Ohio, many other states and all across the globe, among them many prominent citizens. Buses are bringing supporters from far and wide to the rally.
The death-sentenced prisoners I visit are so desperate that they are going on hunger strike, essentially for the right to be on death row. After Lucasville, the state of Ohio decided that a maximum security prison was not secure enough. They built a supermax prison, OSP Youngstown.