Illegal Detention of Individual in Psychiatric Hospital Revealed

The discussion regarding compulsory treatment at a psychiatric hospital has been delayed in court for nearly 11 months, with an individual held unlawfully without a judicial act. This information was disseminated by the Office of the Human Rights Defender.

The statement highlights: “During an unannounced visit to a psychiatric organization on June 7, 2019, in the capacity of the National Preventive Mechanism against Torture, a case of illegal detention was uncovered. Specifically, the administration of the psychiatric organization informed representatives of the Human Rights Defender that the organization had submitted a motion to the court in August 2018 to change the coercive medical measure of a person with mental health issues from outpatient to inpatient treatment. However, discussions of this motion have been continuously delayed due to postponements of court hearings.

A private conversation took place with the individual being held in inpatient conditions at the psychiatric organization. According to their account, the issue of receiving treatment or being discharged from there should be resolved after a court decision, which they have been waiting for already 11 months.

Upon reviewing the documents of the person with mental health issues, it was recorded that they had been declared legally incompetent by a court ruling, with guardianship established, and that their guardian is a former spouse. The individual noted that they have a strained relationship with their former spouse, involving several disagreements and a conflict of interests regarding visitation rights to the children.

According to the patient, the reason for the postponements of the court hearings is the guardian's regular failure to appear. Numerous postponements of court hearings have been documented in the medical records of the individual with mental health issues, containing letters sent by the psychiatric organization to the court.

Based on these observations, a discussion process has begun in the office of the Defender, during which the Defender has sent letters to the Supreme Judicial Council and the Yerevan Municipality.

The Defender deems it necessary to specifically mention that the unacceptable practice of delaying the examination of court cases regarding compulsory treatment has a systemic nature and leads to gross violations of the rights of individuals with mental health issues. This statement or the proceedings of the Defender's office do not intend to interfere with the authority of the judge in a specific case. The Defender’s assessments are based solely on the visit to the psychiatric organization, the apparent review of documents, and private conversations.

The status of guaranteeing the rights of individuals with mental health issues, including legislative and practical issues concerning compulsory and non-voluntary treatment, continues to have a systemic nature, resulting in severe violations of human rights. These issues are at the center of the Human Rights Defender’s attention as the national preventive mechanism and all possible measures will continue to be taken to facilitate their resolution.