Vitebsk psychiatrist Igor Postnov criticized the government and affected by it for involuntary treatment in a mental hospital closed compartment Vitebsk, was examined in Moscow, the Independent Psychiatric Association of Russia ( NPAR ). Medical examination was made possible thanks to the support and advocacy group Mogilev HRC " Viasna".
Executive Director NPAR Love Vinogradov commented survey results.
- Lubov, tell us how there Postnov expertise personality?
- We have a committee of experts, which consists of three psychiatrists, clinical psychologist, and sometimes it involves another lawyer when it requires an appropriate legal analysis. First, we examined all the documents that were submitted to us, everything about his case. Then he talked with him a psychiatrist, who collects the history of life, and - if it is a disease - it is history. Then running a clinical psychologist who is asked to perform a set of specific tests and gives his opinion.
And then going to have the whole committee, hears the report of the primary psychiatrist, doctors together to discuss the case and to take certain decisions. It takes time to prepare a separate conclusion. Basically, it's the same as the forensic psychiatric examination. The only difference is that the forensic psychiatric examination the court collects all the documents relevant to the case, we have to consider only the documents submitted to us by the patient.
- In the case of Igor Postnova first what conclusions can be drawn?
- The first conclusion - certainly his rights were violated. The fact that he was forcibly placed in a psychiatric clinic and treatment took place there - in this we see the absolute violation of his rights. Even if we assume that he has some mental disorders, it is still to treat him against his will, it is necessary to perform a whole range of criteria. These criteria, it does not exist. He is not a danger to himself or to others, he is not helpless, and, finally, his condition is not such that they write there, leaving him without psychiatric care would lead to a serious deterioration in his health. He did not need mental health care, especially in the form in which it was given to him.
There are still many ethical violations. For example, he was placed in the same hospital, and even the same office, where he worked - it is absolutely outrageous and unacceptable. It is impossible to condemn the court, but it requires the condemnation of the psychiatric community.
- From your experience, what the patient can expect in such cases?
- I think that we, in Russia, there are more possibilities of judicial protection. Although we, too, are cases where a decision on involuntary hospitalization courts have in the absence of the patient, but it's not a rule, but rather the exception. And there is always the possibility of human rights defenders and lawyers to challenge this decision. And Igor Postnova no opportunity to defend themselves - neither he nor any of its representatives - not given. That is, the courts automatically punched claim medical commissions solutions that wrong.
This logic - say, we are not psychiatrists and should trust their conclusions - it is completely wrong, because the court - are two sides, and the court must hear both positions, and then make a decision. The Court must consider whether the conclusion of the medical commission is compelling, and it does not need to have professional knowledge. Indeed, the court did not decide whether or not a person is sick. He decides whether the person is forced to treat.
- How often to you in association accessed Belarusians, who can apply for help?
- We Belarusians accessed infrequently. There were calls to complain, but people usually can not come to Moscow, and some we just can not help. But there was a case, for example, Christine Shatsikava, which came to us, and we gave her opinion. We believe that her rights have been grossly violated in every sense: in the fact that it could not be placed in a hospital, and that it can not be treated, as well as deprived of the opportunity to meet with relatives, etc. But the people to come to us - these are isolated cases.
We used to have very similar legislation. In 1999, when Belarus adopts the law, he was a full copy of the Russian. But since then, and our law has changed a bit, and the Belarusian Law " On Psychiatric Care " has undergone several changes. Therefore, speaking of violations, we would still have to review legislation. And another question, how Belarusian courts will accept our findings and how much will be counted - we shall see in particular, in fact, Igor Postnova.
I think we need to go only if we have already analyzed the documents, and we believe that we can help. Makes sense before you go, to use features such as email. Because does not always apply to us the people we can help.
After all, people who suffer from mental illness, as a rule, do not feel sick, but they believe their rights have been violated. We have too many of these cases, when people believe that they were illegally put in a hospital, and then we see that the medical conclusion was correct. Such decisions may be challenged by human rights defenders, and we as a professional organization of psychiatrists should first of all, to ensure that no rights were violated in terms of involuntary treatment.
- Tell me, what documents are required to carry the victims? Hospitals can not give a medical history?
- Question about getting citizens to get information about his mental health and mental health care provided to them and relevant to Russia and Belarus. Although the law "On the protection of public health " every man for his application is entitled to receive copies of your medical records, however in psychiatry this right is often violated. Begin to say that we do not give into the hands of, or give only on request law enforcement bodies. But this is all wrong. It is illegal.
It is necessary to get the documents for the provision of mental health care. If a person was admitted to hospital, then extract from the case, and ideally - a copy of the medical record: when he was placed in the hospital than treated as discharged etc. I think that in Belarus as citizens have the right to receive such information. It is realistic, but not always immediately obtained.
- And the last question. If the conclusion of the first examination at odds with the conclusion of an independent commission, what is the way of protection?
- There are two ways. You can move along the administrative line and access to higher medical organizations. For example, if the decision was made by a mental hospital or clinic, you can refer to the Chief Psychiatrist of the city and ask for a commission a survey to clarify or change the diagnosis. And such a commission can go - in this case, the Commission itself collects the necessary documents. But this way is not really a full guarantee that the diagnosis will be changed.
Full guarantee is to appeal to the courts against unlawful actions psychiatrist to disagree with the diagnosis. And then the views of various commissions will be important. A man has to justify why he did not agree, must make a convincing argument. The court will have to appoint a forensic psychiatric examination. And if the decision of such an examination would be in favor of the victim and the court will approve it, then it will be the basis for changing the diagnosis, where he was raised.
Viasna Human Rights Center
