Dr. Igor Postnov Vitebsk , in the recent past patient KM " Vitebsk Regional Clinical Centre of Psychiatry and Addiction " has sent an appeal to the Constitutional Court of the Republic of Belarus. He asks the Constitutional Court to initiate verification of the Law № 349-3 « On Mental Health Care ", in particular , its preamble and Article 40 on compliance with Articles 21 , 40 and 62 of the current Constitution of the country.
Cause constitutional complaint were the events that took place in August- September 2013 in Vitebsk. Then , namely August 21, 2013 , Vitebsk district court judge Degtyareva based on the decision of the medical advisory board (WCC ) and the consent of the Vitebsk city prosecutor's office in the presence of the deputy chief physician of the medical unit of Psychiatry ultrasonic Vitebsk Regional Clinical Centre of Psychiatry and Addiction I. Ponomareva ruled forced psychiatric treatment Igor Postnova . The court session was held without the participation of the public, a prosecutor , legal counsel, most of Mr. Postnova and its close relatives .
According to the court Igor Postnov subject to treatment and monthly inspection of the WCC , which was empowered to determine the degree of recovery opponent's power and the need to continue his treatment.
Also , on the basis of Article 40 of the Law of the Republic of Belarus "On psychiatric care ," the leadership of medical establishment was decided to limit the right to conduct an objectionable physician correspondence, send and receive telegrams, letters , money transfer , parcels and packages , getting all sorts of gear . In addition, he was forbidden to use the telephone and receive visitors , and have to buy essentials , to enjoy their own clothes.
Describing these events , Igor A. writes in his address that " punitive psychiatry , which is clearly unconstitutional law makes real , has been applied to me , not in words but in deeds. Without timely and effective assistance and protection of non-governmental institutions and civilized people with a strong sense of justice of me would have probably made ??the limp plant . "
He points to the inconsistency of Article 40 of the Law "On psychiatric care " Article 40 of the Constitution , which states that " Everyone has the right to send personal or collective appeals to state bodies ." This constitutional right , according Postnova , he was denied . And this is possible because of the deprivation of the imperfections of the current legislation .
According to the former " prisoner of conscience ", " referred to in Article 40 of the Act does not allow the patient to limit the report of child abuse or inhumane treatment , the crime , state torture , and restrict the right to protection in accordance with Article 62 of the Constitution ." In this article of the Basic Law states that " Everyone has the right to legal assistance and the implementation of human rights and freedoms , including the right to use at any time using lawyers and other representatives in court ... ".
In addition, the Constitution prohibited anyone directly oppose legal aid . However, in respect Postnova counteraction to lawyers and other legal assistance from the leadership of KM " Vitebsk Regional Clinical Centre of Psychiatry and Addiction " was quite evident.
At the end of his treatment , psychiatrist doctor writes: " Because under the current Act I experienced myself , in our country, no one is immune ! This potential threat should try to realize that each of us , from the President and judges of the Constitutional Court to a mere doctor. Realize if only to give yourself and others a life worthy of man. "
