International
Covenant on Civil and Political Rights, First Optional
Protocol
Human
Rights Committee
Communication No 947/2000: Australia. 27/10/2000. CCPR/C/70/D/947/2000.
|
In
1973, the author voluntarily attended Chelmsford private
hospital for a psychiatric appointment with a Dr Herron,
a leading doctor in deep-sleep treatment at Chelmsford.
The author contends that he was involuntarily rendered
unconscious by staff at Chelmsford. Over the following
10 days, the author alleges that he was treated with large
and potentially toxic quantities of nasally-administered
drugs (including barbiturates) without his consent. Electro-convulsive
therapy was also administered to the author without relaxants.
The author suffered double pneumonia, pleurisy, deep vein
thrombosis, pulmonary embolis and anoxic brain damage
as a result of these treatments. On 20 March 1973, the
author was transferred to Hornsby Public Hospital with
bilateral pneumonia and pulmonary embolus, before being
discharged on 3 April 1973. Following discharge, the author
suffered convulsions, sensitivity to noise, heightened
startle response, nightmares, dry retching and continual
psychological arousal. This was diagnosed as severe, chronic
post traumatic stress disorder. These effects are stated
to have rendered the author virtually unemployable, with
the result that he now lives on a disability pension.
Over the years, the author contends that this symptom
has become exacerbated to the point now of being untreatable.
[…]
The author complains that the State failed to properly
regulate the standards and practices at Chelmsford and
to investigate a series of complaints from nursing staff
and State inspectors. The author also complains that the
judiciary and the legal profession was biased against
him and stigmatised him on the basis of his psychiatric
treatment, in particular in the 1980 civil trial against
Dr Herron. Moreover, the author alleges that the New South
Wales Court of Appeal is said to have ignored relevant
evidence, fabricated facts and evidence and handed down
false and misleading judgments in both the staying of
disciplinary proceedings in 1986 and the substantive appeal
in 1996. The author states that the State party has failed
to provide and exercise appropriate regulatory and investigatory
mechanisms over the judiciary and the legal profession.
The courts also have failed to award fair and adequate
compensation to him as a victim of stated psychiatric
abuse and torture. The author claims that the above constitute
violations of articles 2, 14, 17, 18, 19 and 26 of the
ICCPR.
[…]
As the Optional Protocol entered into force for Australia
on 25 December 1991, the Committee is precluded ratione
temporis from considering allegations that relate to events
that occurred before this date, unless they had continuing
effects that in themselves constitute a violation of the
Covenant.
|
Inadmissible
Thus
the author's complaints regarding his treatment at Chelmsford,
the civil trial against Dr Herron and the decision of
the New South Wales Court of Appeal staying the disciplinary
proceedings against Dr Herron, which all occurred before
25 December 1991, must be considered inadmissible.
In
this case, the Committee did not find that the long term
health effects suffered by the victim constituted a continuing
violation.
|