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On the Question of Time Frames and Continuing Violations

Decision
Quotes from Decision
Holding and Summary

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.

 


Prepared for IWRAW Asia Pacific by Amanda Norejko, former student of New York University,
International Human Rights Clinic


This page was last updated on August 16, 2004

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