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Celiac.com 09/10/2024 - Sasha Skochilenko, a St. Petersburg artist, was sentenced to seven years in prison for her bold act of protest against the Russian invasion of Ukraine. She replaced supermarket price tags with anti-war messages, an action deemed as spreading "fake news" about the Russian military. Despite the grave charges and the severe sentence, Sasha’s story is one of resilience and hope, especially as she faced life-threatening conditions due to her health issues, including celiac disease. In an unexpected turn of events, she was released in a political prisoner exchange between Russia and the West. This article captures her emotional journey, her unexpected release, and her reflections on the future. A Hopeful Release Skochilenko never imagined she would be included in the list of political prisoners eligible for an exchange. Although rumors of such an exchange circulated in early 2024, Sasha considered it more of a distant dream than a likely outcome. During her time in prison, she grappled with fears of dying due to her health conditions or enduring her full sentence in harsh conditions. However, she also held onto the possibility of early release, particularly because the time she spent in pre-trial detention counted towards reducing her sentence. Her girlfriend, Sofia Subbotina, shared the uncertainty and anxiety of the situation. They were kept in the dark about Sasha’s status until the last minute. When Sasha disappeared from her detention center, Sofia and her friends were left with no information. Their frantic search took them to Moscow, where they hoped to find her in one of the detention centers. It wasn’t until reports of the exchange began circulating that they felt a glimmer of hope, though they remained in suspense for days without direct contact with Sasha. The Exchange and First Taste of Freedom On August 1, Sofia made a decisive move by booking a flight to Istanbul, anticipating that Sasha and other political prisoners might be flown to Germany. Just as Sofia was going through passport control, Sasha called her for a brief 30 seconds, confirming she had been exchanged and was en route to Cologne. Their reunion, after such an intense period of uncertainty and fear, was filled with joy rather than tears. That same evening, after Sasha was released from a hospital quarantine, the couple strolled through the city, overwhelmed by the simple pleasure of being together again. Prison Conditions and Health Struggles Before her release, Sasha endured harsh conditions at Lefortovo Prison. Upon her arrival, most of her personal belongings were confiscated, and she was left with inadequate prison clothing, making it difficult to cope with the cold due to her low blood pressure and anemia. The food situation was dire as well. Despite a doctor noting her celiac disease, appropriate meals were not provided, leaving her frequently hungry with limited food options like porridge and pasta, both of which she could not eat. The prison environment was tense, with strict rules that denied her basic rights, such as daily walks, showers, and communication with the outside world. Her loved ones were misled about her whereabouts, adding to the stress and isolation she experienced. Uncertain Advocacy Despite being included in the exchange, Sasha remains unaware of who advocated for her release. She expressed no knowledge of the individuals or organizations that may have lobbied for her inclusion on the list of prisoners to be exchanged. This uncertainty highlights the complexity and opacity of political prisoner exchanges, where the mechanisms behind decisions often remain unknown even to those directly involved. A New Beginning in Germany Following her release, Sasha and Sofia found refuge in a small German town where they began to rebuild their lives. Sasha, an artist, quickly returned to her passion by purchasing new art supplies and working on drawings. The couple plans to settle in Germany, where they can live freely and safely. Sofia expressed a strong desire to continue her work in human rights, particularly focusing on helping those who remain imprisoned in Russia and their families. While Sasha dreams of returning to Russia one day, it is only as a visitor. She likens her relationship with Russia to that of an abusive relationship, one she has no intention of returning to despite any potential regime change. For now, their focus is on learning the German language and integrating into their new home, leaving the trauma of their past behind as they look towards the future. Relevance to the Celiac Community Sasha Skochilenko’s story is particularly meaningful to those with celiac disease because it underscores the critical importance of proper dietary management in severe, restrictive environments. Her struggle to access gluten-free food in prison highlights the challenges celiac patients can face in places where their needs are not understood or prioritized. This story also serves as a reminder of the resilience needed to manage chronic health conditions under extreme circumstances and the importance of advocating for proper care and accommodation, even in the most difficult situations. Read more at: themoscowtimes.com

Celiac.com 04/13/2024 - In recent legal proceedings, a Biden-appointed judge made a significant decision that could impact the way prisoners receive medical care, particularly concerning dietary needs. The case in question, Phoenix v Amonette, shed light on the challenges faced by prisoners with specific medical conditions, such as celiac disease. Judge Toby Heytens, nominated to the Fourth Circuit court of appeals, rendered a decision that overturned a lower court ruling, providing prisoners with an opportunity to prove their claims of constitutional and statutory rights violations. The Phoenix case centers around Daniel Phoenix, a Virginia prisoner suffering from celiac disease, an autoimmune disorder triggered by gluten consumption that can lead to severe digestive issues and other health complications. Despite being diagnosed with celiac disease and receiving medical advice to adhere to a gluten-free diet, Phoenix's condition worsened while in prison. He experienced sharp abdominal pain and even vomited blood, necessitating hospitalization. Following hospital discharge, Phoenix was instructed to follow a strict gluten-free diet. Prison Doctor Discontinued Phoenix's Gluten-Free Diet However, complications arose when the prison doctor discontinued the diet order, citing reports that Phoenix had consumed gluten-containing food from the commissary. This decision persisted despite further medical tests confirming Phoenix's celiac disease diagnosis. Feeling neglected and facing deteriorating health, Phoenix resorted to legal action, accusing the prison and the doctor of disregarding his serious medical needs in violation of constitutional rights. Initially, the lower court ruled against Phoenix, citing missed deadlines and the absence of expert testimony. However, Judge Heytens' recent decision overturned this ruling, emphasizing the need to consider disputed factual issues and the doctor's potential indifference to Phoenix's medical condition. Importantly, Heytens highlighted that expert testimony might not be necessary to contest summary judgment, opening the door for Phoenix to present his case without additional expert witness reports. Lack of Gluten-Free Diets in Prisons is a Worldwide Issue While the legal battle in Phoenix v Amonette unfolds, it raises broader questions about medical care access for prisoners worldwide, especially those with specific dietary requirements like gluten-free diets. The lack of availability or acknowledgment of such specialized diets in prison settings can lead to severe health consequences for affected individuals. This issue is not unique to the United States but extends to prisons globally, highlighting the need for comprehensive policies and practices that prioritize prisoners' medical rights and accommodations. As discussions around prisoner rights and medical care continue, it's crucial to address the challenges faced by individuals like Daniel Phoenix and advocate for systems that ensure equitable access to necessary medical treatments, including specialized diets like gluten-free options. By recognizing and addressing these issues, we can work towards a more just and inclusive approach to healthcare within carceral environments. Read more at: pfaw.org

Celiac.com 04/30/2024 - Inmate Daniel Phoenix filed a lawsuit against Virginia prison officials, including Dr. Paul Ohai and Dr. Mark Amonette, alleging deliberate indifference to his celiac disease. Initially, the district court denied summary judgment to Ohai and Amonette on Phoenix's Eighth Amendment claim. Around the same time that the case was set for mediation, it was transferred to a different district court judge. After mediation failed, the new judge set a date for a jury trial. Before trial, however, the district court excluded Phoenix’s experts because Phoenix did not timely submit expert reports. It then granted summary judgment to Ohai, concluding Phoenix could not prove his claim without an expert to testify about the “threshold standard of care or on the presence of an injury caused by” Ohai. The court granted summary judgment to Amonette because Phoenix’s inability to prove that Ohai violated his constitutional rights meant there was “no basis on which to award injunctive relief” against Amonette. The district court made an error in requiring an inmate to provide a medical expert for his Eighth Amendment claim against two doctors accused of neglecting his celiac disease. The ruling clarifies that there is no automatic requirement for expert testimony in such cases. Instead, it depends on whether the plaintiff presents enough evidence to dispute each essential element. Daniel Phoenix Sued Virginia State Officials for Neglecting his Celiac Disease Daniel Phoenix, an inmate in Virginia, sued state officials for neglecting his celiac disease. Two claims remained: an Eighth Amendment claim against Dr. Paul Ohai and a related claim for injunctive relief against Dr. Mark Amonette, the Chief Medical Director of the Virginia Department of Corrections. Initially, the district court denied summary judgment to Ohai and Amonette. Later, after mediation failed and the case was transferred to a different judge, the court excluded Phoenix's experts due to untimely reports. Subsequently, it granted summary judgment to Ohai, citing Phoenix's inability to prove his claim without expert testimony. Summary judgment was also granted to Amonette. Summary Judgment Phoenix argued procedural error in the district court's reconsideration. The appellate court found no abuse of discretion, as the exclusion of Phoenix's experts altered the evidentiary landscape. Expert Testimony The court disagreed with Ohai's defense suggesting a universal need for expert testimony. It clarified that expert testimony isn't mandatory, but rather depends on the evidence presented in each case. Merits A successful Eighth Amendment claim requires showing objective and subjective components. Phoenix demonstrated a genuine dispute on the objective component, providing ample evidence of his celiac disease and its treatment needs. Regarding the subjective component, evidence showed Ohai's knowledge of Phoenix's condition and his instructions to avoid gluten. The court rejected the district court's view that expert testimony was necessary to prove injury, as it conflated Phoenix's ability to succeed with his ability to prove damages. Consequently, the district court's judgment was vacated and remanded for further proceedings. Concurring/Dissenting Opinion While agreeing on certain aspects, Judge Wilkinson dissented from the majority's decision on the merits of the case, writing, in part: "I readily concur that the district court did not abuse its discretion in reconsidering the earlier summary judgment ruling. I also agree that the fact that experts may be helpful to a prison inmate’s claim of inadequate medical care does not mean that experts are required in every case. I disagree, however, with the majority’s decision to reject the defendants’ position on the merits in this appeal." This ruling underscores the importance of evaluating each case individually and considering the evidence presented, rather than imposing a blanket requirement for expert testimony. Read more in Virginia Lawyers Weekly//April 16, 2024

Celiac.com 04/19/2024 - Living with celiac disease can be challenging, especially in circumstances where access to appropriate nutrition is limited. The plight of Muharrem Gelen, a victim of Turkey's political purges, highlights the additional struggles faced by people with this autoimmune condition. Celiac disease is characterized by an immune response triggered by consuming gluten, a protein found in wheat, barley, and rye. For those afflicted, consuming gluten can lead to damage in the small intestine, inhibiting nutrient absorption and causing a range of symptoms from digestive issues to weight loss. Gelen's story sheds light on the intersection of health and human rights. Despite his eligibility for parole and documented health condition, he has been denied release from prison. His battle with celiac disease has been exacerbated by his incarceration, resulting in a dramatic weight loss from 75 kilograms to a mere 35 kilograms. According to news reports, Turkish President Recep Tayyip Erdoğan has been going after people who support the Gülen movement since 2013. This movement is led by a religious leader named Fethullah Gülen. Back then, there were investigations into corruption that involved Erdoğan and his close people. Erdoğan said these investigations were actually a plan by Gülen supporters to take over the government. Erdoğan has called the movement a terrorist group, and started targeting its followers. This crackdown got even worse after a failed attempt to overthrow the government in 2016, which Erdoğan blamed on Gülen. However, Gülen and his followers say they had nothing to do with it and reject any links to terrorism. The denial of parole to Gelen underscores broader concerns regarding the treatment of political prisoners in Turkey. The parole board's decision, citing Gelen's alleged failure to provide information on his affiliation with the Gülen movement, is a stark reminder of the arbitrary nature of such judgments. Muharrem Gelen - Image: stockholmcf.org This case also raises questions about the prioritization of humanitarian concerns within the Turkish prison system. While Gelen languishes behind bars, individuals convicted of more serious crimes are granted parole without hesitation. For people living with celiac disease, access to appropriate dietary resources is essential for managing their condition and maintaining their health. Gelen's struggle highlights the urgent need for greater awareness and advocacy for the rights and well-being of individuals with celiac disease, particularly in challenging circumstances such as incarceration. Read more at stockholmcf.org

Celiac.com 12/04/2023 - Russian artist and musician Sasha Skochilenko has been sentenced to seven years in prison for replacing supermarket price tags with antiwar slogans, sparking concerns about freedom of speech in Russia. Skochilenko was arrested in April 2022, in St. Petersburg, on charges of spreading what authorities deemed "false information about the military." She had replaced tiny price tags with messages decrying Russia's invasion of Ukraine, stating facts such as the bombing of an arts school in Mariupol and the deployment of Russian conscripts to Ukraine. Her arrest followed the enactment of a law criminalizing public expression deviating from the official line on the war in Ukraine. The legislation has been widely used to crack down on opposition figures and ordinary citizens critical of the Kremlin, resulting in many receiving lengthy prison terms. Skochilenko, aged 33, has not denied replacing the price tags but rejected the allegation of knowingly spreading false information. Instead, she asserted that her intention was to stop the fighting, not to disparage the military. Her lawyer argued that she is a peace-loving person who finds war and the suffering of people unimaginable. Skochilenko's case is part of a broader crackdown on dissenting voices in Russia. The law criminalizing public expression about the war has been used to target opposition politicians, human rights activists, and ordinary citizens who criticize the government. The legal measures have resulted in numerous individuals receiving lengthy prison sentences. Skochilenko's supporters view her as a pacifist rather than a terrorist, extremist, or political activist. Despite the verdict, her defense emphasized the absurdity of the case, questioning the imprisonment of individuals for such acts. Russian human rights groups, including the prominent Memorial group, have declared Skochilenko a political prisoner. Skochilenko has been held in pretrial detention for nearly 19 months, during which she faced health challenges, including a congenital heart defect, bipolar disorder, and celiac disease requiring a gluten-free diet. Her supporters fear that she may not receive adequate dietary and medical care if transferred to a remote penal colony. According to OVD-Info, a rights group monitoring political arrests, nearly 20,000 Russians have been arrested for speaking out or demonstrating against the war between February 2022 and late October 2023. The crackdown has resulted in over 750 people facing criminal charges for antiwar stances, with more than 8,100 facing minor charges related to discrediting the army. Stay tuned for more on this and related stories. Read more at LAtimes.com

Celiac.com 04/24/2023 - In 2016 New Mexico prison inmate Jennifer Harris Hopkins died while in state custody at the New Mexico Women’s Correctional Facility in Grants, New Mexico, allegedly after being denied proper medical care for her celiac disease condition, an autoimmune disorder that requires a lifelong gluten-free diet. Staff at the prison allegedly ignored or disregarded her pleas for help, where Ms. Hopkins was serving a four-year prison sentence for motor vehicle theft. Wrongful Death Lawsuit - "A Number of Concerning Symptoms" According to a wrongful death lawsuit filed by her estate, Ms. Hopkins exhibited "a number of concerning symptoms" shortly after being taken into custody, and was even taken to Cibola General Hospital for emergency medical treatment, but was discharged on the same day. Ms. Hopkins filed a formal request for medication to treat her disease about a week later, and filed an additional request to medical staff later that month, reporting symptoms such as nausea, diarrhea, anal bleeding, vomiting, double vision, and "intense pain" in her stomach. However, a nurse who saw her in April allegedly dismissed her claim of having celiac disease. Ms Hopkins’ health reportedly deteriorated over the next few months, and her abdominal area swelled to the size of a woman who was "30 to 40 weeks pregnant." In July, she filed a formal grievance with the state Corrections Department, pleading for help and writing, "I am malnutritioned and vitamin deficient. The items above can kill me. HELP ME!" She was taken to Cibola General Hospital again for emergency medical care, but was discharged back to the women's prison after three days where the attending physician entered in his medical report “it is possible that this lady does suffer from celiac disease and that she might be better served by the attention of a gastroenterologist in the future.” However, Harris Hopkins’ condition reportedly continued to decline, and she lost at least 34 pounds while in custody. On September 7, 2016, her condition became critical, but she was allegedly not taken to the hospital, and was instead transferred to the Central New Mexico Correctional Facility in Los Lunas. Her condition was reportedly dire by the time she arrived there, and correctional staff finally took her to the University of New Mexico Hospital to get proper medical care. However, Ms. Hopkins ultimately died on September 16, 2016. The wrongful death lawsuit filed by Ms. Hopkins’ estate alleged that the New Mexico Corrections Department and others, including Corizon Health, Inc., Centurion Correctional Healthcare of New Mexico, LLC, and Cibola General Hospital Corp., failed to provide her with the care she needed. The state of New Mexico settled the lawsuit for $200,000, but denied liability. A spokeswoman for the Corrections Department stated that the situation began under the administration of former Gov. Susana Martinez. Inadequate Medical Care in US Prisons The case highlights the ongoing issue of inadequate medical care in US prisons and jails, particularly for inmates with chronic conditions. According to a 2020 report by the National Commission on Correctional Health Care, people in prisons and jails are more likely to have chronic health conditions than the general population, and often do not receive adequate care. The report also found that “many jails and prisons fail to have the necessary infrastructure, staffing and policies to effectively manage chronic illness, leading to worse health outcomes, higher health care costs and more deaths in custody.” Read more at santafenewmexican.com

Celiac.com 07/13/2022 - A Russian artist jailed in April for replacing price tags in supermarkets with anti-war messages has provided details of abusive conditions within a Russian prison in letters to her girlfriend. Since the start of its invasion of Ukraine on February 24, Russia has attempted to crack down on anti-war protests, partly by passing a law that criminalizes the distribution of "fake news" about the Russian military or the war. Russian opposition to the war has mounted since February, and in March, Russia arrested over 13,000 protestors over the course of several weeks as anti-war rallies were held in 65 cities. The Russian artist, Alexandra Skochilenko, who also goes by the name Sasha, was arrested under that law, on April 11, for replacing supermarket price tags with anti-war slogans. She faces up to ten years in prison. In letters to her girlfriend, Skochilenko describes abuse and mistreatment, including that she "ate very little due to a lack of gluten-free food, and when she got too hungry, she ate some of the food containing gluten...This made her very sick, and she was throwing up a lot and feeling a lot of pain." Skochilenko's girlfriend of five years, Sonia Subbotina, spoke with reporters, and shared details of Skochilenko's letters. "This is definitely to do with the hardening of the authoritarian regime," Subbotina told reporters. "There is no way that a person can speak out safely. Any attempt to show an opinion that differs from the government opinion is punished very, very harshly." Skochilenko's letters detail her experience with aggressive inmates, untreated medical conditions, and gluten-containing food that makes her sick. Subbotina also said that her girlfriend has several other ailments and has been denied medical treatment for both an ovarian cyst and an impacted wisdom tooth that was scheduled for surgery before she was arrested. According to the letters, Skochilenko has also faced issues with other inmates. One letter stated that an inmate "talks to me with an authoritarian tone and constantly gives me orders." Skochilenko wrote, "She controls my every move and complains about every single one of my actions." The artist also wrote that a Russian state TV program "shouts all day" at the inmates with pro-war messages, and is only turned off at night. According to Business Insider, Skochilenko is currently held in a pre-trial detention center until at least June and faces a sentence of up to 10 years in prison. Stay tuned for more on this and related stories. Read more in Newsweek

Celiac.com 05/16/2022 - A Russian artist with celiac disease is facing up to ten years in prison for “sharing misinformation about the special military operation in Ukraine.” Artist and a political activist Sasha Skochilenko was arrested and jailed this month for swapping price tags with anti-war stickers in a St. Petersburg supermarket. In an act of solidarity, aimed at raising awareness of Skochilchenko's plight, Russian artist Ksenia Sorokina, who won the prestigious theater award Zolotaya Maska (Golden Mask) for best costume design, donated her prize to Skochilenko. Because Skochilenko has celiac disease, eating the food she is served in the temporary detainment center could be dangerous. Sorokina’s friend and fellow Zolotaya Maska laureate, theater director Yevgeniya Berkovich, shared Ksenia’s words on Facebook. “It is shameful to rejoice while other artists are in jail,” Berkovich quoted Ksenia. Jail food is often not gluten-free, and can be dangerous for people with celiac disease. The Telegram channel Free Sasha Skochilenko has reported that she has suffered at least one seizure after a meal. The Moscow Times reports Sorokina's concerns about rising government actions against artists. “When an artist gets jailed for an art action, I simply can't ignore it,” Sorokina said. “I do hope that my support will help Sasha Skochilenko, and I am sure that her family will take the best care of the prize.” Read more in The Moscow Times