RUSSIAN PSYCH SURVIVOR WINS IN EUROPEAN HR COURT

Russian victim of psychiatrists has won the case in Strasbourg
(European Court of Human Rights)!

Here is the translation of the article
http://www.gazeta.ru/2003/10/29/rakevi4vyigr.shtml in English:

The European Court of Human Rights has recommended Russia to change its
laws on coercive psychiatric treatment. The case Rakevich vs. Russia 
was won by Tamara Rakevich, who was forcedly placed into a psychiatric
institution.

On Wednesday the ECHR ended the consideration of the case Rakevich vs
Russia . Tamara Rakevich, who was forcedly kept in Ekaterinburg
psychiatric hospital without any sufficient grounds, will receive by a
decision of the Court an indemnification of 3,000 Euros.

The 42-years old inhabitant of Ekaterinburg, Tamara Rakevich, was placed
in Ekaterinburg psychiatric hospital No.26 on September, 26, 1999. An
occasion for the coercive treatment was given by her acquaintance. As
reported by Rakevich's lawyer, Anna Demeneva, to Gazeta.Ru , her client
came to her acquaintance s home to discuss some religious questions.

A joint perusal of the Bible and a discussion of theological questions
ended with a conflict. The acquaintance of the victim, having noticed
that she cried during the perusal of the Bible, decided to call
psychiatrists. In addition, the religious beliefs of the victim, an
orthodox Christian, seemed strange to her acquaintance, who belongs to
the Jehovah church.

The psychiatrists who arrived on call ascertained that Tamara Rakevich
was in a disturbing condition and that, in their opinion, was the
sufficient basis for coercive treatment in a psychiatric hospital.

Tamara was kept in Ekaterinburg psychiatric hospital No.26 for 39 days
without a final decision by the court on the necessity of treatment. In
the hospital doctors found out that the patient was in a condition of
severe mental frustration and was completely disoriented. According to
the statement by the doctors, the patient refused to cooperate with them.

On September 28 and 29, 1999, psychiatrists at the hospital determined
on their consultation that the patient suffered from paranoid
schizophrenia and prescribed a treatment corresponding to the diagnosis.

Thus, according to Rakevich's lawyer, despite the unwillingness of her
client, she underwent the forced drug treatment. According to the doctors
reports, during the whole course of Rakevich s "psychiatric correction",
she behaved coldly and wrote complaints all the time.

On November 5, 1999 an Ekaterinburg regional (lowest) court, at the
request of the psychiatrists, made a decision about the validity of
Rakevich's detention for coercive psychiatric treatment. On November 11
Rakevich filed a complaint to the regional court requesting reconsidering
the decision on her obligatory treatment. The court did not react. Then
the application for a cancellation of the decision of the regional court
was sent to the Sverdlovsk regional court, which on December 24, 1999
confirmed the decision of court of the lowest instance.

Rakevich's lawyer claimed that in delivering its verdict, the court
absolutely had not taken into account the fact that Rakevich has a son,
a schoolboy, and that she is a single parent.

Demeneva also insisted that the regional (lowest) court acted illegally,
unfairly having delayed consideration of the case. So the decision of
the court was accepted in 39 days instead of only 5, as stipulated under
the law. The basis of all arguments that Rakevich's actions represented
a threat to others was disproved by her lawyers.

The representative of the Russian Federation, Peter Laptev, speaking
inthe ECHR, has offered his version of the events. He said that
Rakevich's acquaintance met her in the street when she was in a
 deranged condition and the girlacquaintance brought her back home and
suggested she spend the night there. At night the guest ostensibly
behaved extremely disturbing i.e. shouting and calling for her mother,
who lives in Kazakhstan. She also had hallucinations. According to
Laptev, this was the occasion for calling for psychiatric brigade.

The representative of the Russian government in the Court has recognized
that the terms of consideration of Rakevich's complaint have been
unfairly delayed but has noted that there was nothing in the actions of
the court that could cause harm to the patient's health.

Considering all the circumstances of Rakevich's case, the Court in
Strasbourg has decided that the decision of the Russian court
contradicts Article 5, Paragraph 1 of the European Convention on Human
Rights, which states that Everyone has the right to liberty and
security of person. No one shall be deprived of his liberty save in the
following cases and in accordance with a procedure prescribed by law .
This procedure was not taken into account by the Ekaterinburg judges.

In addition the court has obliged the government of the Russian
Federation to pay 3,000 Euros in national currency to the claimant
within three months. In addition, it was offered to Russia to make
amendments to the legislation on the providing of psychiatric help.
Changes should be brought in the law on the psychiatric help to make
this part of the Russian legislation correspond to the European norms
and principles of observance of human rights.

According to human rights defenders, Rakevich's case has arisen because
of the lack of Russian legislation concerning the providing of
psychiatric help. In Russia the law "About psychiatric help and
guarantees of citizens' rights" has been in use since 1994. This law
provides an opportunity for the providing of psychiatric help without
the consent of the patient or his/her relatives and exclusively as a
result of medical indications . As the Moscow Helsinki Group (MHG)
explained to Gazeta.Ru , this law does not correspond to the European
practice of the providing of psychiatric help. The head of the legal
programs of the MHG, Natalia Kravchuk, has told Gazeta.Ru that the
Russian legislation in this area is faceless and indistinct. For this
reason it is so hard for people to assert their own rights and it is
necessary to reach the European Court of Human Rights .
-- 
Best regards,
 Igor Girich
 "Help for Victims of Psychiatrists"
 http://hvp.by.ru
 mailto:[EMAIL PROTECTED]