1 99:59:59,999 --> 99:59:59,999 As it have earlier been seen with, for example, "Tamilsagen" State employees are not always trustworthy, 2 99:59:59,999 --> 99:59:59,999 Attorney Claus Bonnez 3 99:59:59,999 --> 99:59:59,999 Give me one example of a patient who has taken action and filed a lawsuit 4 99:59:59,999 --> 99:59:59,999 Highcourt Judge Hanne Kildal, East Jutland's Chief of Police Jørgen Illum. 5 99:59:59,999 --> 99:59:59,999 I don't know whether you're going to interview the opposing side, e.g. the offiicial adminstration 6 99:59:59,999 --> 99:59:59,999 In next episode of "Denmark increases the volume_2", we'll contact Aarhus District Court 7 99:59:59,999 --> 99:59:59,999 Is Justice something that is being used selectively in Denmark - a country that used to have 8 99:59:59,999 --> 99:59:59,999 It does not occur in weeklies of the judiciary, 9 99:59:59,999 --> 99:59:59,999 Music by Niklas Aldén 10 99:59:59,999 --> 99:59:59,999 Produced by 11 99:59:59,999 --> 99:59:59,999 RED-tape-inc.com 12 99:59:59,999 --> 99:59:59,999 Serious accusations from humanrights lawyer Claus Bonnez against the Danish state 13 99:59:59,999 --> 99:59:59,999 So it is normal that Danish Law doesn't follow 14 99:59:59,999 --> 99:59:59,999 Soundeffects 15 99:59:59,999 --> 99:59:59,999 Special Thanks to: 16 99:59:59,999 --> 99:59:59,999 That is very problematic! 17 99:59:59,999 --> 99:59:59,999 The Snuff Street Journal editorial office will in subsequent editions make an interview with "Domstolstyrelsen" 18 99:59:59,999 --> 99:59:59,999 The Ultimate Freedom: the Freedom of Crime 19 99:59:59,999 --> 99:59:59,999 The only source of ammunition that the patients have access to 20 99:59:59,999 --> 99:59:59,999 This is absurd, and a breach of the fundamental 21 99:59:59,999 --> 99:59:59,999 Torben Thygesen and Michael Møller Hansen 22 99:59:59,999 --> 99:59:59,999 Two of the District attorneys employees whom we know have processed such a case: 23 99:59:59,999 --> 99:59:59,999 With law, thy must build the country 24 99:59:59,999 --> 99:59:59,999 after the psychiatric law, and has been permitted to obtain expert impartial assistance 25 99:59:59,999 --> 99:59:59,999 and possess the integrity and independence that would be expected in their position. 26 99:59:59,999 --> 99:59:59,999 and the European Court of Human Rights, Article 5 27 99:59:59,999 --> 99:59:59,999 but instead the courts emphasize the doctor whom hospitalized the patient 28 99:59:59,999 --> 99:59:59,999 for an interview with one of its representatives District Court Judge Mette Helby Jensen, 29 99:59:59,999 --> 99:59:59,999 human rights traditions we have in Danish Law 30 99:59:59,999 --> 99:59:59,999 is the opposing side's information concerning themselves 31 99:59:59,999 --> 99:59:59,999 or in other legal periodicals that I have knowledge of 32 99:59:59,999 --> 99:59:59,999 patient an opportunity for a critical expert assessment 33 99:59:59,999 --> 99:59:59,999 the European Court of Human Rights practice that allows the former 34 99:59:59,999 --> 99:59:59,999 to discuss the punitive consequences of officials administrationally, violating the Danish constitution 35 99:59:59,999 --> 99:59:59,999 traditions and reputation for respecting human rights. 36 99:59:59,999 --> 99:59:59,999 whom are branding Denmark as the worlds happiest country 37 00:00:07,285 --> 00:00:08,484 snuffstreetjournal.com presents 38 00:00:11,485 --> 00:00:16,485 Denmark increases the volume_1 39 00:00:19,085 --> 00:00:24,085 a documentary film about the new criminals 40 00:00:26,185 --> 00:00:28,185 Danish Presidency of the EU 41 00:00:28,585 --> 00:00:30,585 EU-Values? 42 00:00:31,285 --> 00:00:33,785 Would you please present yourself? 43 00:00:33,800 --> 00:00:36,350 I am Claus Bonnez and I'm a defence attorney, 44 00:00:36,357 --> 00:00:38,606 and lawyer in other areas as well: 45 00:00:38,807 --> 00:00:42,007 i.e. compulsory hospitalization, 46 00:00:42,544 --> 00:00:45,044 "Retsplejlovens" Chapter 43a 47 00:00:45,200 --> 00:00:47,330 The diagnosis is not my speciality 48 00:00:47,331 --> 00:00:49,200 This, I'll leave for the medical specialists to explain 49 00:00:49,423 --> 00:00:55,523 Do you know the renowned 'Rosenhan Study', and if you do, do you have an opinion about it? 50 00:00:55,550 --> 00:00:56,670 I have heard about it 51 00:00:57,029 --> 00:01:01,529 It was a study where some students were called in to participate in an experiment 52 00:01:01,529 --> 00:01:07,940 They were here detected having a psyciatric diagnosis, despite the fact that they 53 00:01:08,000 --> 00:01:10,800 didnt' suffer from any mental illness - that's what I know about the experiment 54 00:01:16,541 --> 00:01:20,741 Could psychiatrists in America distinguish between madness and sanity? 55 00:01:22,523 --> 00:01:26,023 He was called David Rosenhan and he devised a dramatic experiment 56 00:01:26,560 --> 00:01:29,010 He assembled 8 people, including himself, 57 00:01:29,011 --> 00:01:31,460 none of whom had ever had any psychiatric problems 58 00:01:33,365 --> 00:01:37,565 Each person was then sent across the country to a specific mental hospital 59 00:01:38,770 --> 00:01:41,856 At an agreed time they all presented themselves at that hospital, 60 00:01:42,709 --> 00:01:45,709 and told the psychiatrist at duty they were hearing a voice in their head 61 00:01:45,910 --> 00:01:48,910 that said the word “thud!" 62 00:01:50,300 --> 00:01:53,300 That was the only lie they should tell, 63 00:01:53,303 --> 00:01:56,320 othervise they were to behave and respond completely normally 64 00:02:03,565 --> 00:02:05,385 And then what happened? 65 00:02:05,470 --> 00:02:09,970 They were all diagnosed as insane, and admitted to the hospital 66 00:02:12,553 --> 00:02:13,673 All of them? 67 00:02:14,474 --> 00:02:15,874 All of them! 68 00:02:16,335 --> 00:02:19,135 And were any of them insane? 69 00:02:19,140 --> 00:02:22,640 No. There were nobody that could have judged these people as insane 70 00:02:23,226 --> 00:02:27,242 But I told friends, I told my family: "I'll get out when its fine to get out...thats all!" 71 00:02:27,300 --> 00:02:30,583 "I'll be there for a couple of days, and then I'll get out!" 72 00:02:30,769 --> 00:02:33,769 Nobody knew that I would be there for 2 months! 73 00:02:34,646 --> 00:02:38,146 Once admitted, all 8 fake patients acted completely normally 74 00:02:38,750 --> 00:02:41,550 Yet the hospitals refused to release them, 75 00:02:41,650 --> 00:02:46,770 and diagnosed 7 as suffering from schizophrenia and one from bi-polar disorder 76 00:02:47,016 --> 00:02:49,816 They were all given powerful psychotropic drugs 77 00:02:50,714 --> 00:02:54,914 They found that there was nothing they could do, to convince the doctors they were sane 78 00:02:55,000 --> 00:02:57,432 And it quickly became clear that the only way out 79 00:02:57,672 --> 00:03:02,139 would be to agree that they were insane and then pretend to be getting better 80 00:03:03,355 --> 00:03:06,855 The only way out was to point out that they were correct. 81 00:03:08,301 --> 00:03:12,903 They said I was insane, ”I am insane, but I'm getting better" 82 00:03:12,904 --> 00:03:18,201 That was an affirmation of their view of me 83 00:03:18,998 --> 00:03:24,118 In court, when I am called in to question a compulsory hospitalization; 84 00:03:24,588 --> 00:03:27,388 which is from judicial human rights aspect 85 00:03:27,865 --> 00:03:32,365 If the rules are respected, which under Danish law is critical, 86 00:03:32,620 --> 00:03:36,626 because in praxis, the law generally doesn't permit a 'second opinion' 87 00:03:36,627 --> 00:03:42,785 which is an alternative opinion beside the conclusions of the official assessment, 88 00:03:42,786 --> 00:03:45,997 which you must bring to bear on a person to meet the legal criteria 89 00:03:45,998 --> 00:03:48,340 of being compulsorily hospitalized in Denmark 90 00:03:48,419 --> 00:03:50,439 Ok, does that often happen? 91 00:03:50,492 --> 00:03:52,212 But... it's the rule! 92 00:03:53,216 --> 00:03:57,416 Is it the rule that there is no possibilty for the patient to get get a 'second opinion'? 93 00:03:57,417 --> 00:03:59,437 Yes, absolutely, 94 00:03:59,795 --> 00:04:06,095 according to Danish psychiatric law, if you are compulsorily hospitalized, you have the right 95 00:04:06,563 --> 00:04:13,063 to have your case tested in the Danish courts, to see if the hospitalization was entitled, 96 00:04:13,108 --> 00:04:18,108 and this justice is elementary under Danish law, 97 00:04:18,352 --> 00:04:21,472 according to the European Human Rights Convention Article 5 98 00:04:22,017 --> 00:04:24,417 You have the right for this impartial justice, 99 00:04:24,419 --> 00:04:27,539 and of course also because we are members of the Council of Europe 100 00:04:28,055 --> 00:04:31,355 to respect the Danish constitution 101 00:04:31,791 --> 00:04:34,411 So, when we have these cases, 102 00:04:34,500 --> 00:04:38,220 in my opinion, they become nothing more than a sham 103 00:04:38,230 --> 00:04:42,730 because you in reality have no other expert opinions, than the ones from the hospital even though 104 00:04:43,164 --> 00:04:46,664 they are the ones, that have kept the individual in custody 105 00:04:47,186 --> 00:04:52,186 And hereby we need a critical second opinion 106 00:04:53,031 --> 00:04:57,031 that can eventually dispute the offcial authority's opinion 107 00:04:57,965 --> 00:05:02,665 And it is understandable that as judges, courts and attorneys 108 00:05:03,225 --> 00:05:06,925 we have no specialist psychiatric knowledge, 109 00:05:08,002 --> 00:05:12,002 and I as an attorney don't know when a doctor says that an individual is insane 110 00:05:12,031 --> 00:05:16,531 Very often you can't see whether the clients are normal or insane, 111 00:05:16,615 --> 00:05:19,715 so this I can have no clue about, and neither does the judge, 112 00:05:19,723 --> 00:05:22,843 and the attorney working on behalf of the hospital doesn't either 113 00:05:23,067 --> 00:05:26,067 When we have this sort of case in the courts 114 00:05:26,126 --> 00:05:29,626 we base the case on the documentation from the concerned hospital, 115 00:05:29,677 --> 00:05:33,677 and it's not very surprising that they say their own decision was entitled 116 00:05:34,203 --> 00:05:37,203 And therefore these cases are very subjective and hollow, 117 00:05:37,500 --> 00:05:41,700 and in my conviction, conflicting with the European Human Rights Convention 118 00:05:41,833 --> 00:05:45,533 This statement I base on concrete decisions 119 00:05:46,078 --> 00:05:49,078 from the European Court of Human Rights: 120 00:05:49,079 --> 00:05:53,879 that there should be an impartial body which make the subsequent assessment 121 00:05:54,463 --> 00:05:57,263 if the concerned individual is or was insane, 122 00:05:57,524 --> 00:06:01,524 therefore not the institution that has decided the enforced detention was originally justified 123 00:06:02,696 --> 00:06:04,796 For me it is quite obvious, 124 00:06:05,244 --> 00:06:08,744 and the European Court of Human Rights practice is not very surprising 125 00:06:08,951 --> 00:06:12,351 but when you try and invoke it in Danish Law 126 00:06:12,360 --> 00:06:14,360 it's like talking to deaf ears 127 00:06:14,413 --> 00:06:17,413 Both County and High Courts. They basically do not care! 128 00:06:17,416 --> 00:06:20,916 And now I've taken an action against with a concrete case in front of the Human Rights Court 129 00:06:20,971 --> 00:06:22,291 Aha, on this basis? 130 00:06:22,375 --> 00:06:25,451 On exactly this question where no 131 00:06:25,452 --> 00:06:28,975 impartial body was allowed to make a subsequent assessment 132 00:06:29,960 --> 00:06:33,260 Both County and High Courts focused in this specific case, 133 00:06:33,512 --> 00:06:36,312 as in the many of the other cases I have taken, 134 00:06:36,565 --> 00:06:39,365 exclusively on the testimony from the authorities, 135 00:06:39,839 --> 00:06:42,639 the admitting doctor's expert assessments, 136 00:06:43,226 --> 00:06:47,426 and the expert's assessment which maintained the forced hospitalization 137 00:06:48,129 --> 00:06:49,949 And in my opinion, 138 00:06:50,284 --> 00:06:53,784 it doesn't comply with the legal requirements as provided within 139 00:06:53,847 --> 00:06:56,547 the European Human Rights Conventions Article 5 140 00:08:00,000 --> 00:08:04,200 Hospital reported to "Arbejdstilsynet" (Official Work Inspectorate) - EPN.dk 141 00:08:04,238 --> 00:08:05,758 Doctors uses illegal force every 2nd day - dr.dk 142 00:08:06,660 --> 00:08:09,460 The boss to the staff: "Stop being caring towards the patients" - dagensmedicin.dk 143 00:08:09,650 --> 00:08:12,650 "Arbejdstilsynet" returns streessplan from psychiatric hospital - stiften.dk 144 00:08:12,729 --> 00:08:15,165 14 year old girl illegally fixated 286 times 145 00:08:15,166 --> 00:08:18,649 Pharmaceutical companies gilders official control panel - borsen.dk 146 00:08:18,757 --> 00:08:22,257 Psychiatric patients loosing 9 out of 10 court cases against the authorities 147 00:08:22,739 --> 00:08:26,939 One publised case, was when the staff at Risskov pschyhiatric hospital, 148 00:08:26,950 --> 00:08:30,950 in the suburbs of Aarhus, due to very heavy workloads, 149 00:08:31,123 --> 00:08:35,123 filed a complaint to "Arbejdstilsynet" to get assistance 150 00:08:35,188 --> 00:08:38,160 in facilitating a dialogue with the Direction of the Hospital; who had maintained 151 00:08:38,200 --> 00:08:40,227 a rigid agenda from their singluar viewpoint 152 00:08:40,289 --> 00:08:42,389 MADLY BUSY - I must do, I must do, I must do!!! Calme, calme - take it easy; take a pill 153 00:08:43,348 --> 00:08:46,248 The staff reported: 154 00:08:46,262 --> 00:08:49,062 "Jobs are not being done, the staff have to seriously weaken the quality and it affects the treatment and the work they do" 155 00:08:49,065 --> 00:08:51,865 "...time for professional reflection and immersion is not present in the daily work" 156 00:08:52,015 --> 00:08:55,515 "Time for professional reflection and immersion is not present in the daily work" 157 00:08:55,919 --> 00:08:59,419 Yes, it is clear 158 00:08:59,532 --> 00:09:03,032 You could say it's a bit of another problematic question that you raise, 159 00:09:04,495 --> 00:09:07,495 because the question is: when you are admitted to a hospital, 160 00:09:07,630 --> 00:09:10,630 if the working conditions is so poor 161 00:09:11,187 --> 00:09:16,587 as described in the study from "Arbejdstilsynet", 162 00:09:16,620 --> 00:09:18,440 it creates the risk that the staff of the hospitals can simply mis-diagnose the patient, 163 00:09:18,499 --> 00:09:21,999 and it can have an impact, both on people who benefit from being under treatment at 164 00:09:22,123 --> 00:09:25,623 the hospital - they may be too early written out and sent home - 165 00:09:25,700 --> 00:09:27,500 while others who shouldn't be at the hospital for example: because they are not sick 166 00:09:27,500 --> 00:09:30,800 remain at the hospital unwarranted 167 00:09:30,800 --> 00:09:34,320 Which obviously is a serious problem 168 00:09:35,145 --> 00:09:37,245 when people are in involuntarily custody 169 00:09:37,785 --> 00:09:40,785 But, if so, one imagines that the hospital 170 00:09:40,864 --> 00:09:44,364 had proper working conditions, 171 00:09:44,376 --> 00:09:49,396 very professional and competent staff 172 00:09:49,498 --> 00:09:51,598 it is still in violation with the rule of law 173 00:09:51,626 --> 00:09:54,126 as the European Court of Human Rights interprete in Article 5, 174 00:09:54,215 --> 00:09:57,915 that it can not be the same institution which subsequently 175 00:09:57,920 --> 00:10:01,620 so to speak, deliver the opinions and the assessments which the court makes its decision upon 176 00:10:04,112 --> 00:10:07,612 when a citizen claims in front of court, that a compulsory admission was unjustified 177 00:10:09,085 --> 00:10:13,285 This of course is amplified by a poor working environment 178 00:10:13,672 --> 00:10:17,172 Because of this, the validity of the medical staffs opinion is called into question 179 00:10:17,203 --> 00:10:20,453 However, even if this not the case, 180 00:10:20,500 --> 00:10:23,750 it remains problematic due to the 181 00:10:24,785 --> 00:10:28,285 contradictory thought-process, present in a democratic states courtroom, 182 00:10:28,299 --> 00:10:33,299 which is the fact that the defendant 183 00:10:33,326 --> 00:10:40,326 has the opportunity to submit arguments in favor 184 00:10:40,517 --> 00:10:44,017 as well as the opposing side, has this opportunity, 185 00:10:44,096 --> 00:10:46,596 and that is the position of the patients when discharged