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Dokumentarfilm april 2012: Danmark skruer op for gassen_1

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    snuffstreetjournal.com presents
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    Denmark increases the volume_1
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    a documentary film about the new criminals
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    Danish Presidency of the EU
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    EU-Values?
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    Would you please
    present yourself?
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    I am Claus Bonnez
    and I'm a defence attorney,
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    and lawyer in other areas as well:
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    i.e. compulsory hospitalization,
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    "Retsplejlovens" Chapter 43a
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    The diagnosis is not my speciality
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    This, I'll leave for the medical
    specialists to explain
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    Do you know the renowned 'Rosenhan Study',
    and if you do, do you have an opinion about it?
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    I have heard about it
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    It was a study where some students were
    called in to participate in an experiment
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    They were here detected having a psyciatric
    diagnosis, despite the fact that they
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    didnt' suffer from any mental illness -
    that's what I know about the experiment
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    Could psychiatrists in America
    distinguish between madness and sanity?
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    He was called David Rosenhan and he
    devised a dramatic experiment
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    He assembled 8 people, including himself,
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    none of whom had ever had
    any psychiatric problems
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    Each person was then sent across the
    country to a specific mental hospital
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    At an agreed time they all presented
    themselves at that hospital,
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    and told the psychiatrist at duty they
    were hearing a voice in their head
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    that said the word “thud!"
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    That was the only lie they should tell,
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    othervise they were to behave
    and respond completely normally
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    And then what happened?
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    They were all diagnosed as insane,
    and admitted to the hospital
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    All of them?
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    All of them!
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    And were any of them insane?
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    No. There were nobody that could
    have judged these people as insane
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    But I told friends, I told my family:
    "I'll get out when its fine to get out...thats all!"
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    "I'll be there for a couple of days,
    and then I'll get out!"
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    Nobody knew that I would
    be there for 2 months!
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    Once admitted, all 8 fake patients
    acted completely normally
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    Yet the hospitals refused
    to release them,
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    and diagnosed 7 as suffering from
    schizophrenia and one from bi-polar disorder
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    They were all given powerful
    psychotropic drugs
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    They found that there was nothing they could
    do, to convince the doctors they were sane
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    And it quickly became clear
    that the only way out
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    would be to agree that they were insane
    and then pretend to be getting better
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    The only way out was to point out
    that they were correct.
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    They said I was insane,
    ”I am insane, but I'm getting better"
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    That was an affirmation
    of their view of me
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    In court, when I am called in to question
    a compulsory hospitalization;
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    which is from judicial human rights
    aspect
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    If the rules are respected, which under Danish law is
    critical,
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    because in praxis, the law generally doesn't permit a 'second
    opinion'
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    which is an alternative opinion beside the conclusions of the
    official assessment,
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    which you must bring to bear on a person
    to meet the legal criteria
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    of being compulsorily hospitalized in
    Denmark
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    Ok, does that often happen?
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    But... it's the rule!
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    Is it the rule that there is no possibilty for the patient to get
    get a 'second opinion'?
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    Yes, absolutely,
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    according to Danish psychiatric law,
    if you are compulsorily hospitalized, you have the right
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    to have your case tested in the Danish courts, to see if the
    hospitalization was entitled,
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    and this justice is elementary under
    Danish law,
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    according to the European
    Human Rights Convention Article 5
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    You have the right for this impartial
    justice,
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    and of course also because we are members of the
    Council of Europe
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    to respect the Danish
    constitution
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    So, when we have these cases,
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    in my opinion, they become nothing
    more than a sham
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    because you in reality have no other expert opinions, than the
    ones from the hospital even though
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    they are the ones, that have kept the
    individual in custody
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    And hereby we need a critical second
    opinion
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    that can eventually dispute the offcial authority's
    opinion
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    And it is understandable that as judges, courts and
    attorneys
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    we have no specialist psychiatric
    knowledge,
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    and I as an attorney don't know when a doctor says that an
    individual is insane
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    Very often you can't see whether the clients
    are normal or insane,
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    so this I can have no clue about, and neither does
    the judge,
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    and the attorney working on behalf of the
    hospital doesn't either
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    When we have this sort of case in the
    courts
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    we base the case on the documentation from the concerned
    hospital,
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    and it's not very surprising that they
    say their own decision was entitled
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    And therefore these cases are very subjective and
    hollow,
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    and in my conviction, conflicting with the European Human Rights
    Convention
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    This statement I base on concrete
    decisions
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    from the European Court of Human Rights:
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    that there should be an impartial body which
    make the subsequent assessment
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    if the concerned individual
    is or was insane,
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    therefore not the institution that has
    decided the enforced detention was originally justified
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    For me it is quite obvious,
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    and the European Court of Human Rights
    practice is not very surprising
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    but when you try and invoke it in Danish Law
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    it's like talking to deaf ears
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    Both County and High Courts.
    They basically do not care!
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    And now I've taken an action against with a concrete
    case in front of the Human Rights Court
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    Aha, on this basis?
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    On exactly this question
    where no
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    impartial body was allowed to
    make a subsequent assessment
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    Both County and High Courts focused in this specific
    case,
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    as in the many of the
    other cases I have taken,
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    exclusively on the testimony
    from the authorities,
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    the admitting doctor's
    expert assessments,
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    and the expert's assessment which
    maintained the forced hospitalization
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    And in my opinion,
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    it doesn't comply with the
    legal requirements as provided within
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    the European Human Rights
    Conventions Article 5
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    Hospital reported to "Arbejdstilsynet"
    (Official Work Inspectorate) - EPN.dk
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    Doctors uses illegal force every 2nd day
    - dr.dk
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    The boss to the staff: "Stop being caring
    towards the patients" - dagensmedicin.dk
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    "Arbejdstilsynet" returns streessplan
    from psychiatric hospital - stiften.dk
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    14 year old girl illegally fixated 286
    times
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    Pharmaceutical companies gilders official
    control panel - borsen.dk
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    Psychiatric patients loosing 9 out of 10
    court cases against the authorities
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    One publised case, was when the staff at
    Risskov pschyhiatric hospital,
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    in the suburbs of Aarhus, due to very
    heavy workloads,
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    filed a complaint to "Arbejdstilsynet" to get assistance
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    in facilitating a dialogue with the
    Direction of the Hospital; who had maintained
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    a rigid agenda from their singluar
    viewpoint
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    MADLY BUSY - I must do, I must do, I must
    do!!! Calme, calme - take it easy; take a pill
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    The staff reported:
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    "Jobs are not being done, the staff have to seriously weaken the quality and it affects the
    treatment and the work they do"
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    "...time for professional reflection and
    immersion is not present in the daily work"
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    "Time for professional reflection and
    immersion is not present in the daily work"
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    Yes, it is clear
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    You could say it's a bit of another
    problematic question that you raise,
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    because the question is: when you
    are admitted to a hospital,
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    if the working conditions
    is so poor
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    as described in the study
    from "Arbejdstilsynet",
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    it creates the risk that the staff of the hospitals
    can simply mis-diagnose the patient,
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    and it can have an impact, both on people
    who benefit from being under treatment at
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    the hospital - they may be too
    early written out and sent home -
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    while others who shouldn't be at the
    hospital for example: because they are not sick
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    remain at the hospital unwarranted
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    Which obviously is a serious problem
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    when people are in involuntarily
    custody
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    But, if so, one imagines
    that the hospital
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    had proper working conditions,
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    very professional
    and competent staff
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    it is still in violation with the
    rule of law
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    as the European Court of Human Rights
    interprete in Article 5,
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    that it can not be the same institution which
    subsequently
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    so to speak, deliver the opinions and the assessments
    which the court makes its decision upon
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    when a citizen claims in front of court,
    that a compulsory admission was unjustified
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    This of course is amplified by a poor
    working environment
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    Because of this, the validity of the medical
    staffs opinion is called into question
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    However, even if this not the case,
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    it remains problematic due to the
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    contradictory thought-process,
    present in a democratic states courtroom,
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    which is the fact that the defendant
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    has the opportunity to
    submit arguments in favor
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    as well as the opposing side, has this
    opportunity,
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    and that is the position of the patients when
    discharged
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    The only source of ammunition that the patients have access to
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    is the opposing side's information
    concerning themselves
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    This is absurd,
    and a breach of the fundamental
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    human rights traditions we have in
    Danish Law
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    I don't know whether you're going to interview the
    opposing side, e.g. the offiicial adminstration
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    Give me one example of a patient who has taken action and filed a lawsuit
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    after the psychiatric law, and has been permitted
    to obtain expert impartial assistance
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    It does not occur
    in weeklies of the judiciary,
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    or in other legal periodicals
    that I have knowledge of
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    So it is normal that
    Danish Law doesn't follow
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    the European Court of Human Rights
    practice that allows the former
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    patient an opportunity for a
    critical expert assessment
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    but instead the courts emphasize the doctor
    whom hospitalized the patient
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    That is very problematic!
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    The Ultimate Freedom:
    the Freedom of Crime
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    Serious accusations from humanrights lawyer
    Claus Bonnez against the Danish state
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    whom are branding Denmark as the
    worlds happiest country
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    Is Justice something that is being used
    selectively in Denmark - a country that used to have
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    traditions and reputation for respecting
    human rights.
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    As it have earlier been seen with, for example,
    "Tamilsagen" State employees are not always trustworthy,
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    and possess the integrity and
    independence that would be expected in their position.
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    In next episode of "Denmark increases the volume_2",
    we'll contact Aarhus District Court
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    for an interview with one of its
    representatives District Court Judge Mette Helby Jensen,
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    Highcourt Judge Hanne Kildal,
    East Jutland's Chief of Police Jørgen Illum.
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    Two of the District attorneys employees whom
    we know have processed such a case:
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    Torben Thygesen and Michael Møller
    Hansen
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    The Snuff Street Journal editorial office will in subsequent
    editions make an interview with "Domstolstyrelsen"
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    to discuss the punitive consequences of officials
    administrationally, violating the Danish constitution
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    and the European Court of Human Rights,
    Article 5
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    Special Thanks to:
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    Attorney Claus Bonnez
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    Music by Niklas Aldén
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    Soundeffects
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    Produced by
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    RED-tape-inc.com
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    With law, thy must build the country
Title:
Dokumentarfilm april 2012: Danmark skruer op for gassen_1
Description:

Snuff Street Journal interviewer menneskerettighedsadvokat Claus Bonnez der udtaler at de danske domstole konsekvent og systematisk overtræder menneskerettighedskonventionens artiklel 5, i forbindelse med den juridiske sagsbehandling af danske psykiatriske patienter.

Transparency international, Danmark - rapport 2012:
"Borgerne har, ifølge Grundloven, ret til en retfærdig rettergang. Danmark har en uafhængig og meget professionel juridisk institution, der sikrer en høj grad af retssikkerhed, og domstolen nyder stor tillid i befolkningen. Verdensbankens indeks viser også, at retssikkerheden i Danmark er rimelig optimal med 98% ud af 100 (100 svarende til optimal retsikkerhed), og Freedom House giver i deres seneste rapport fra 2011 Danmark maksimum point i forhold til respekten for både politiske og civile rettigheder."

http://www.transparency.org/content/download/65626/1051746
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Video Language:
Danish

English subtitles

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