On October 26 the Human Rights Defender’s Office published a statement that a person who had been kept at the psychiatric institution without legal basis, was released after the rapid response of the Defender’s Office.
After the statement the Head of the psychiatric institution demonstrated illegal behavior.
It should be clarified that guaranteeing the rights in the field of psychiatric healthcare is the primary direction of the Human Rights Defender’s activity.
At the same time, the activities in this field are based on the principles of respect towards colleagues and cooperation with them.
Public statements, in turn, are drawn up in such a way, that they have preventive value in identical situations.
The statement of October 26 was drawn up and disseminated based on these fundamental principles.
This is also the reason why the name of a particular institution or other personalized data was not mentioned in the text of the statement.
However, we have to record with this statement, that the incident took place at the “National Centre for Mental Health” CJSC of the RA Ministry of Healthcare, formerly called “Nubarashen” Psychiatric Centre.
Narek Vanesyan, the Director of that Centre called today to the representatives of the Defender's Office and in an indignant manner tried to put forward his demands and dissatisfaction.
Specifically, the mentioned state official argued that the representatives of the Human Rights Defender had to agree with him on the statement of the disclosed case.
He threatened to take measures to bring the representatives of the Defender's Office to liability.
The Human Rights Defender considers this illegal behavior of the Director of the National Centre for Mental Health Care and as an obvious act of ignorance of the occupied position and status.
The Human Rights Defender reaffirms the case disclosed within the unannounced visit to the mentioned psychiatric institution conducted on a basis of a call on 26 October.
The detected person has been kept in the psychiatric institution illegally and without any grounds.
He was able to leave it only after the intervention of the Defender’s authorized representative.
A decision on existence of the human rights violation is being prepared on that case at the Human Rights Defender's Office, which will be presented to the acting Minister of Health, with the necessary recommendations conditioned by the nature of violation.
Taking into consideration the illegal behavior of the psychiatric institution’s Director, the Human Rights Defender finds that the Ministry of Health should organize trainings and explain to the head of organization acting under its supervision, that the Human Rights Defender is an independent official prescribed by the Constitution, and the obstruction to the exercise of his powers, including any interference with his activities shall entail criminal liability.
After today's brief contact with the Director of psychiatric organization it become obvious for the Defender's Office that within those trainings he should be explained what is the legal status of the Director of “National Centre for Mental Health” CJSC and which kind of issues are facing by the institution.
It is necessary to explain with a special consistency what the procedure for voluntary or forced treatment of a person in a psychiatric organization is, what the rights of that person and cases of keeping him in the psychiatric institution with legal basis are.
The Human Rights Defender’s Office is ready to provide the necessary support on this issue. We strictly warn that the issue of criminal liability will be raised towards the Director of the mentioned psychiatric institution in the event of such repeated attempts.
Ensuring the rights in the field of psychiatric healthcare remain under the attention of the Defender, and the unannounced visits to psychiatric institutions will be held periodically.