Dokumentarfilm maj 2012: Danmark skruer op for gassen_1
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0:07 - 0:08snuffstreetjournal.com presents
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0:11 - 0:16Denmark increases the volume_1
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0:19 - 0:24a documentary film about the new criminals
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0:26 - 0:28Danish Presidency of the EU
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0:29 - 0:31EU-Values?
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0:31 - 0:34Would you please
present yourself? -
0:34 - 0:36I am Claus Bonnez
and I'm a defence attorney, -
0:36 - 0:39and lawyer in other areas as well:
-
0:39 - 0:42i.e. compulsory hospitalization,
-
0:43 - 0:45"Retsplejlovens" Chapter 43a
-
0:45 - 0:47The diagnosis is not my speciality
-
0:47 - 0:49This, I'll leave for the medical
specialists to explain -
0:49 - 0:56Do you know the renowned 'Rosenhan Study',
and if you do, do you have an opinion about it? -
0:56 - 0:57I have heard about it
-
0:57 - 1:02It was a study where some students were
called in to participate in an experiment -
1:02 - 1:08They were here detected having a psyciatric
diagnosis, despite the fact that they -
1:08 - 1:11didnt' suffer from any mental illness -
that's what I know about the experiment -
1:17 - 1:21Could psychiatrists in America
distinguish between madness and sanity? -
1:23 - 1:26He was called David Rosenhan and he
devised a dramatic experiment -
1:27 - 1:29He assembled 8 people, including himself,
-
1:29 - 1:31none of whom had ever had
any psychiatric problems -
1:33 - 1:38Each person was then sent across the
country to a specific mental hospital -
1:39 - 1:42At an agreed time they all presented
themselves at that hospital, -
1:43 - 1:46and told the psychiatrist at duty they
were hearing a voice in their head -
1:46 - 1:49that said the word “thud!"
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1:50 - 1:53That was the only lie they should tell,
-
1:53 - 1:56othervise they were to behave
and respond completely normally -
2:04 - 2:05And then what happened?
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2:05 - 2:10They were all diagnosed as insane,
and admitted to the hospital -
2:13 - 2:14All of them?
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2:14 - 2:16All of them!
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2:16 - 2:19And were any of them insane?
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2:19 - 2:23No. There were nobody that could
have judged these people as insane -
2:23 - 2:27But I told friends, I told my family:
"I'll get out when its fine to get out...thats all!" -
2:27 - 2:31"I'll be there for a couple of days,
and then I'll get out!" -
2:31 - 2:34Nobody knew that I would
be there for 2 months! -
2:35 - 2:38Once admitted, all 8 fake patients
acted completely normally -
2:39 - 2:42Yet the hospitals refused
to release them, -
2:42 - 2:47and diagnosed 7 as suffering from
schizophrenia and one from bi-polar disorder -
2:47 - 2:50They were all given powerful
psychotropic drugs -
2:51 - 2:55They found that there was nothing they could
do, to convince the doctors they were sane -
2:55 - 2:57And it quickly became clear
that the only way out -
2:58 - 3:02would be to agree that they were insane
and then pretend to be getting better -
3:03 - 3:07The only way out was to point out
that they were correct. -
3:08 - 3:13They said I was insane,
”I am insane, but I'm getting better" -
3:13 - 3:18That was an affirmation
of their view of me -
3:19 - 3:24In court, when I am called in to question
a compulsory hospitalization; -
3:25 - 3:27which is from judicial human rights
aspect -
3:28 - 3:32If the rules are respected, which under Danish law is
critical, -
3:33 - 3:37because in praxis, the law generally doesn't permit a 'second
opinion' -
3:37 - 3:43which is an alternative opinion beside the conclusions of the
official assessment, -
3:43 - 3:46which you must bring to bear on a person
to meet the legal criteria -
3:46 - 3:48of being compulsorily hospitalized in
Denmark -
3:48 - 3:50Ok, does that often happen?
-
3:50 - 3:52But... it's the rule!
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3:53 - 3:57Is it the rule that there is no possibilty for the patient to get
get a 'second opinion'? -
3:57 - 3:59Yes, absolutely,
-
4:00 - 4:06according to Danish psychiatric law,
if you are compulsorily hospitalized, you have the right -
4:07 - 4:13to have your case tested in the Danish courts, to see if the
hospitalization was entitled, -
4:13 - 4:18and this justice is elementary under
Danish law, -
4:18 - 4:21according to the European
Human Rights Convention Article 5 -
4:22 - 4:24You have the right for this impartial
justice, -
4:24 - 4:28and of course also because we are members of the
Council of Europe -
4:28 - 4:31to respect the Danish
constitution -
4:32 - 4:34So, when we have these cases,
-
4:34 - 4:38in my opinion, they become nothing
more than a sham -
4:38 - 4:43because you in reality have no other expert opinions, than the
ones from the hospital even though -
4:43 - 4:47they are the ones, that have kept the
individual in custody -
4:47 - 4:52And hereby we need a critical second
opinion -
4:53 - 4:57that can eventually dispute the offcial authority's
opinion -
4:58 - 5:03And it is understandable that as judges, courts and
attorneys -
5:03 - 5:07we have no specialist psychiatric
knowledge, -
5:08 - 5:12and I as an attorney don't know when a doctor says that an
individual is insane -
5:12 - 5:17Very often you can't see whether the clients
are normal or insane, -
5:17 - 5:20so this I can have no clue about, and neither does
the judge, -
5:20 - 5:23and the attorney working on behalf of the
hospital doesn't either -
5:23 - 5:26When we have this sort of case in the
courts -
5:26 - 5:30we base the case on the documentation from the concerned
hospital, -
5:30 - 5:34and it's not very surprising that they
say their own decision was entitled -
5:34 - 5:37And therefore these cases are very subjective and
hollow, -
5:38 - 5:42and in my conviction, conflicting with the European Human Rights
Convention -
5:42 - 5:46This statement I base on concrete
decisions -
5:46 - 5:49from the European Court of Human Rights:
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5:49 - 5:54that there should be an impartial body which
make the subsequent assessment -
5:54 - 5:57if the concerned individual
is or was insane, -
5:58 - 6:02therefore not the institution that has
decided the enforced detention was originally justified -
6:03 - 6:05For me it is quite obvious,
-
6:05 - 6:09and the European Court of Human Rights
practice is not very surprising -
6:09 - 6:12but when you try and invoke it in Danish Law
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6:12 - 6:14it's like talking to deaf ears
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6:14 - 6:17Both County and High Courts.
They basically do not care! -
6:17 - 6:21And now I've taken an action against with a concrete
case in front of the Human Rights Court -
6:21 - 6:22Aha, on this basis?
-
6:22 - 6:25On exactly this question
where no -
6:25 - 6:29impartial body was allowed to
make a subsequent assessment -
6:30 - 6:33Both County and High Courts focused in this specific
case, -
6:34 - 6:36as in the many of the
other cases I have taken, -
6:37 - 6:39exclusively on the testimony
from the authorities, -
6:40 - 6:43the admitting doctor's
expert assessments, -
6:43 - 6:47and the expert's assessment which
maintained the forced hospitalization -
6:48 - 6:50And in my opinion,
-
6:50 - 6:54it doesn't comply with the
legal requirements as provided within -
6:54 - 6:57the European Human Rights
Conventions Article 5 -
8:00 - 8:04Hospital reported to "Arbejdstilsynet"
(Official Work Inspectorate) - EPN.dk -
8:04 - 8:06Doctors uses illegal force every 2nd day
- dr.dk -
8:07 - 8:09The boss to the staff: "Stop being caring
towards the patients" - dagensmedicin.dk -
8:10 - 8:13"Arbejdstilsynet" returns streessplan
from psychiatric hospital - stiften.dk -
8:13 - 8:1514 year old girl illegally fixated 286
times -
8:15 - 8:19Pharmaceutical companies gilders official
control panel - borsen.dk -
8:19 - 8:22Psychiatric patients loosing 9 out of 10
court cases against the authorities -
8:23 - 8:27One publised case, was when the staff at
Risskov pschyhiatric hospital, -
8:27 - 8:31in the suburbs of Aarhus, due to very
heavy workloads, -
8:31 - 8:35filed a complaint to "Arbejdstilsynet" to get assistance
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8:35 - 8:38in facilitating a dialogue with the
Direction of the Hospital; who had maintained -
8:38 - 8:40a rigid agenda from their singluar
viewpoint -
8:40 - 8:42MADLY BUSY - I must do, I must do, I must
do!!! Calme, calme - take it easy; take a pill -
8:43 - 8:46The staff reported:
-
8:46 - 8:49"Jobs are not being done, the staff have to seriously weaken the quality and it affects the
treatment and the work they do" -
8:49 - 8:52"...time for professional reflection and
immersion is not present in the daily work" -
8:52 - 8:56"Time for professional reflection and
immersion is not present in the daily work" -
8:56 - 8:59Yes, it is clear
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9:00 - 9:03You could say it's a bit of another
problematic question that you raise, -
9:04 - 9:07because the question is: when you
are admitted to a hospital, -
9:08 - 9:11if the working conditions
is so poor -
9:11 - 9:17as described in the study
from "Arbejdstilsynet", -
9:17 - 9:18it creates the risk that the staff of the hospitals
can simply mis-diagnose the patient, -
9:18 - 9:22and it can have an impact, both on people
who benefit from being under treatment at -
9:22 - 9:26the hospital - they may be too
early written out and sent home - -
9:26 - 9:28while others who shouldn't be at the
hospital for example: because they are not sick -
9:28 - 9:31remain at the hospital unwarranted
-
9:31 - 9:34Which obviously is a serious problem
-
9:35 - 9:37when people are in involuntarily
custody -
9:38 - 9:41But, if so, one imagines
that the hospital -
9:41 - 9:44had proper working conditions,
-
9:44 - 9:49very professional
and competent staff -
9:49 - 9:52it is still in violation with the
rule of law -
9:52 - 9:54as the European Court of Human Rights
interprete in Article 5, -
9:54 - 9:58that it can not be the same institution which
subsequently -
9:58 - 10:02so to speak, deliver the opinions and the assessments
which the court makes its decision upon -
10:04 - 10:08when a citizen claims in front of court,
that a compulsory admission was unjustified -
10:09 - 10:13This of course is amplified by a poor
working environment -
10:14 - 10:17Because of this, the validity of the medical
staffs opinion is called into question -
10:17 - 10:20However, even if this not the case,
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10:20 - 10:24it remains problematic due to the
-
10:25 - 10:28contradictory thought-process,
present in a democratic states courtroom, -
10:28 - 10:33which is the fact that the defendant
-
10:33 - 10:40has the opportunity to
submit arguments in favor -
10:41 - 10:44as well as the opposing side, has this
opportunity, -
10:44 - 10:47and that is the position of the patients when
discharged -
Not SyncedAs it have earlier been seen with, for example,
"Tamilsagen" State employees are not always trustworthy, -
Not SyncedAttorney Claus Bonnez
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Not SyncedGive me one example of a patient who has taken action and filed a lawsuit
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Not SyncedHighcourt Judge Hanne Kildal,
East Jutland's Chief of Police Jørgen Illum. -
Not SyncedI don't know whether you're going to interview the
opposing side, e.g. the offiicial adminstration -
Not SyncedIn next episode of "Denmark increases the volume_2",
we'll contact Aarhus District Court -
Not SyncedIs Justice something that is being used
selectively in Denmark - a country that used to have -
Not SyncedIt does not occur
in weeklies of the judiciary, -
Not SyncedMusic by Niklas Aldén
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Not SyncedProduced by
-
Not SyncedRED-tape-inc.com
-
Not SyncedSerious accusations from humanrights lawyer
Claus Bonnez against the Danish state -
Not SyncedSo it is normal that
Danish Law doesn't follow -
Not SyncedSoundeffects
-
Not SyncedSpecial Thanks to:
-
Not SyncedThat is very problematic!
-
Not SyncedThe Snuff Street Journal editorial office will in subsequent
editions make an interview with "Domstolstyrelsen" -
Not SyncedThe Ultimate Freedom:
the Freedom of Crime -
Not SyncedThe only source of ammunition that the patients have access to
-
Not SyncedThis is absurd,
and a breach of the fundamental -
Not SyncedTorben Thygesen and Michael Møller
Hansen -
Not SyncedTwo of the District attorneys employees whom
we know have processed such a case: -
Not SyncedWith law, thy must build the country
-
Not Syncedafter the psychiatric law, and has been permitted
to obtain expert impartial assistance -
Not Syncedand possess the integrity and
independence that would be expected in their position. -
Not Syncedand the European Court of Human Rights,
Article 5 -
Not Syncedbut instead the courts emphasize the doctor
whom hospitalized the patient -
Not Syncedfor an interview with one of its
representatives District Court Judge Mette Helby Jensen, -
Not Syncedhuman rights traditions we have in
Danish Law -
Not Syncedis the opposing side's information
concerning themselves -
Not Syncedor in other legal periodicals
that I have knowledge of -
Not Syncedpatient an opportunity for a
critical expert assessment -
Not Syncedthe European Court of Human Rights
practice that allows the former -
Not Syncedto discuss the punitive consequences of officials
administrationally, violating the Danish constitution -
Not Syncedtraditions and reputation for respecting
human rights. -
Not Syncedwhom are branding Denmark as the
worlds happiest country
- Title:
- Dokumentarfilm maj 2012: Danmark skruer op for gassen_1
- Description:
-
On the occasion of the Danish EU Presidency 2012, Snuff Street Journal interviews human rights lawyer Claus Bonnez, who explains that the Danish courts systematically violates the human rights convention article 5, in connection with the legal proceedings undertaken by Danish psychiatric patients.
See Documentary with subtitles in: dansk, deutsch, english, français - http://bit.ly/LlkHeZ
I anledning af det danske EU formandskab 2012, interviewer Snuff Street Journal menneskerettighedsadvokat Claus Bonnez der udtaler at de danske domstole systematisk overtræder menneskerettighedskonventionens artiklel 5, i forbindelse med den juridiske sagsbehandling af danske psykiatriske patienter.
Production: www.red-tape-inc.com
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."Læs formandens beretning 2012. http://transparency.dk/wp-content/uploads/2010/09/FORMANDSBERETNING_2012.pdf
EU states appeal court ruling on transparency
http://euobserver.com/18/32576 - Video Language:
- Danish
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Redtapeinc.com edited English subtitles for Dokumentarfilm maj 2012: Danmark skruer op for gassen_1 | |
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Redtapeinc.com added a translation |