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ďDomestic PsychiatryĒ
19.02.2012
Recently, ďbynetĒ has been full of information about punitive psychiatry. Cases of Morozov and Krutoi attracted public attention. However, unfortunately, there is also ďdomesticĒ psychiatry in Belarus: when families for some reasons send their family members to the mental hospital...

This case resembles an action thriller that tells about everything: tender love, incomprehensible for many people, treachery of the family, humiliation of the person. Unfortunately, this thriller has already turned into the series for those who are not indifferent. Therefore, we will be returning to this case (as well as to forced psychiatry issue) time and again.
AlinaBuzo told Our Generation her story two years ago. AlinaFedorovna asked not for herself, but for the person she loves Ė Mikhail Kryzhevich. Thatís what she told Our Generation. AlinaFedorovna and Kryzhevich lived together in Zubrevichi Village, Orsha District, Vitebsk Region (Oblast). In 2009 his daughter requested him to be placed in the mental asylum. Since that (for long three years) AlinaBuzo has being trying to get him out of there. It seems like there are no institutions that she havenít appealed to: various Ministries, public prosecutorís office, Administration of the PresidentÖ But for some reason they trust the family who, in fact, sent off their father and husband to the mental asylum more. For example, Orsha District Court has recently tried the case regarding his legal capability. The case was initiated by the public prosecutorís office. However, the Prosecutor has renounces her own claims. The trial revealed the essence of this complicate case. We bring some abstracts from this trial to your attention.
Judge: the case under investigation was submitted by Orsha District Public Prosecutorís Office. MihailKryzhevich, born in 1935, was placed in the asylum on June 23, 2009. According to Orsha Court decision from April 13, 2008 Mihail was recognized as legally incapable by reason of mental disorder. AlinaBuzo considers him mentally sane and requests that he should be recognized as legally capable. The public prosecutorís office is renouncing its claims to declare Kryzhevich legally capable in the interests of familyís petition.
Prosecutor: Mikhail was examined in 2007. The psychiatrist came to the hospital. Mikhail was diagnosed with psycheclampsia. After a year, the state hasnít change: he has become irritable and aggressive, beat up his daughter, had conflicts with her and the neighbours. Initially, he was offered hospitalization option, but he refused. Out-patient treatment was prescribed. He moved to the village. There are people who take care of him. He is quite adequate. Under the request of his wife he was hospitalized in 2008 and went through medical examination. The daughter made an appeal to recognize him as legally incapable. The appeal was satisfied. The daughter was assigned as a guardian and performed her duties under the control of the hospital. She bought him food when he was in the village. The inspection showed that the conditions were quite good for the elderly person. The daughter always sent him food and money, and did that via the Head of the Village Council, which was also a form of control. But Mikhail was not of a high opinion of his wife and children. This means suspiciousness. Medical examination was not possible as no one was allowed to the house. He didnít ask for medical help and didnít receive any medicine. That is a one sided guardianship: he received the money but the daughter didnít have a change to provide medical help. She appealed to the prosecutorís office and to the police to bring the legally incapable person back home. The decision was to place him in an asylum. The issues of guardianship were also discussed. Buzo appealed to the Executive Committee to be recognized as a guardian. However, the Executive Committee didnít satisfy the request as a sick person may not be under the guardianship of a non-relative especially taking into consideration that the living conditions in the village were not satisfactory. He requested the examination from the asylum on whether he needs to stay there. The documents were submitted that he had already been examined by the Vitebsk Commission. His condition as of today has also been examined sufficiently thoroughly with the following deviations found: he remembers well the events of his life, with whom he worked, where he lived but cannot reproduce them chronologically. He cannot estimate the current events adequately. He is not clear about the attitudes in the asylum, whether he is offended or harmed or not. The symptoms: he thinks that he was convicted and locked up. After consultations we decided that he is getting worse in the asylum. Before that, we diagnosed him with mild depression.
Doctor: The patient is staying in the asylum. He has not been getting better during he stay. He is placed in a separate ward on the first floor. It is not a hospital, it is an asylum. Visits are allowed on all the days. His daughter and her husband, Buzo, and friends often visit him. I asked him if he wants to write an appeal. I gave him a sheet of paper. I suggested that he should write an appeal at the insistence of the committee of labor and social protection as AlinaFedorovna has appealed to them. We said that we would let the prosecutorís office decide whether he could stay with us or not. I dictated him the appeal to the public prosecutorís office but he wrote it himself. He understood what he wrote and where he appealed to.
Head of the Executive Committee: I have the impression that the human rights advocates are clearly recording our session. (She asked to switch off the phone)
Daughter: In 2007, he was placed in the hospital and examined by the greatest doctors. My mother was in hospital at that time. The doctors offered to examine him. I also want to emphasize the illegal influence by the third persons. They interfered with our life and set him against the family. When the guardianship was formalized I tried to appeal to the Village Council, to the police. But it didnít bring any results: they only had preventive administrative talks with Buzo. I couldnít perform my duties as a guardian. He lived in insanitary conditions. She hid him and didnít let anyone in. We could not visit him. She went everywhere, to all the institutions and slandered our family. I visit him in the asylum, bring him stuff. (Crying) I feel bad for him. When I was the guardian, I gave all the money to the administration, and it is all recorded in the documents.
Kryzhevich. I live in terrible conditions. They have been taunting and beating me. Recently, I have lost consciousness because of that. I made an appeal to be recognized as legally capable. I wrote to the public prosecutorís office of the Region and the Republic.
Judge: Which year is it now? Kryzhevich: 2011
Judge: how do you feel? Kryzhevich: not good at all
Judge: Iíve heard you are aggressive... Kryzhevich: I have never even touched anyone.
Judge reads the decision of the medical commission: Psychopathization. In 2008, he was recognized as legally incapable, in 2009 placed in the asylum for the elderly people with mental deviations. During the stay in the asylum the condition hasnít changed. Nevertheless, the court decides to recognize Mikhail Kryzhevich as legally incapable and keep him in the asylum.

Comments of the lawyer directly involved in the case (Andrei Demidovich): He was put in the mental asylum as he had some conflict with his children: daughter and son. He found out about some illegal schemes and frauds and to get him out of the way they claimed him insane. The court decided that he is legally incapable. On March 25, 2009 compulsory hospitalization followed. Heís been in hospital since that time. He repeatedly points at facts substantial for starting a criminal case but no one pays attention. For example, illegal placement in a mental institution. They had to have an examination according to Article 174 of Criminal Procedure Code but that wasnít done. Kryzhevich himself made numerous complaints and appeals. The public prosecutorís office submitted an appeal to the court on his recognition as a legally capable person. However, it renounced its claims as the medical commission concluded that he needed a compulsory treatment. Moreover, his health was said to be deteriorating and not improving. That is not true. Even in the court everyone could see that although there are some deviations there is no reason for compulsory treatment. The daughter was clearly interested and in fact, demanded that he should be kept in the asylum. Although any normal child would want their parents out. She was strongly against, as was also his official wife. Thus, they demonstrated their interest in the court decision. Itís clear that thereís a renunciation of the suit by public prosecutorís office, violation of legal rights as he canít initiate this issue being legally incapable. Nevertheless, prosecutor renounces its claims. And the case is closed despite requests by Buzo who stated that itís illegal. But no one wants to react. Although according to Criminal Procedure Code the judge had to set at least a forensic medical examination. There should be an independent examination that would determine whether he is mentally ill or not, whether he needs compulsory treatment or not. There should be an expert that would be warned of criminal responsibility. And everything would be different. The document would be absolutely different from the one issued by the medical commission. He was not just thrown in the asylum, he was beaten up there.
Our Generation representative (TatsianaZelko): I couldnít believe that he is getting worse. We visited him a year and a half ago but he recalled my name and my patronymic name. He talked as intelligibly and reasonably as it is possible in his situation (during the ďtreatmentĒ he has lost almost all his teeth).
We will keep informing you about this case. We are also intended to publish the notes that he sent to AlinaBuzo.


 



 

 


 

 

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