Involuntary hospitalization is one of the ways in which the relatives of a person with a severe mental illness who is dangerous to themselves and others can seek specialized help in order to improve their condition and achieve remission.
However, compulsory treatment also turns out to be a way for the relatives of a person with a mild or medically controlled mental illness to try to “get rid” of them so that they do not have to provide the necessary care.
In both cases, this procedure can only be initiated through the courts, and in both cases, both the relatives and the person whose placement is sought have the right to defend themselves.
Cases from the law firm
Case 1:
Marieta* has four higher education degrees and exceptional intellectual capacity. She lives with her elderly mother and sister. Both Marieta and her sister have been diagnosed with paranoid schizophrenia and are receiving medication prescribed by a psychiatrist.
Marieta contacts the law firm with a complaint that she has been placed in compulsory psychiatric treatment in violation of her rights. During the consultation, Marieta recounts that her mother had been beaten and robbed in the courtyard of their apartment building on the orders of a prominent Bulgarian politician and prime minister at the time of the conversation with her. Marieta denied having a mental illness and claimed that she herself was completely healthy and that her sister’s condition had been deliberately caused by the doctors at the psychiatric hospital where both of them had previously been treated.
A few hours before the hearing on the placement of Marieta and her sister for another session of compulsory treatment, their mother managed to call the office and explain that it was Marieta who regularly beat both her and her sister and refused to take her prescribed medication. According to the forensic psychiatric evaluation ordered in her case, Marieta suffers from an extremely severe form of paranoid schizophrenia, which makes her dangerous to those around her without her being able to be aware of or control her actions.
Thus, the court ruled that Marieta should undergo compulsory treatment for a period of one month in a specialized hospital for the treatment of psychiatric disorders.
Case 2:
Borislava* contacts the law firm with a request for legal assistance in a criminal case for causing the death of her 3-month-old grandchild through negligence. Her daughter has been arrested for the child’s death. According to Borislava, the child was deliberately killed as a result of a conspiracy between her ex-husband and his “mistress,” and she cites their unwillingness to look after either the child or her daughter as the reason for this “conspiracy,” which is why they framed her.
After a detailed review of the case by a specialist from the law firm, it turns out that Borislava’s minor daughter is being raised by her ex-husband for two reasons. The first is that Borislava suffers from paranoid schizophrenia with delusions, and the second is that her daughter suffers from the same illness and cannot take care of herself, and the child born to her daughter is the result of rape and a late abortion.
At the request of Borislava’s former husband, she has been placed in compulsory treatment, and with regard to her daughter, a court-ordered psychiatric evaluation is expected, which will prove her insanity, as a result of which it will be pronounced in her favor to be pronounced acquittal verdict and also to be taken measures for treatment in a specialized medical facility.
Case 3:
Daniela’s parents noticed a sudden change in her behavior, which manifested itself in hypochondria (unfounded fear for her own health), as a result of which she began maniacally to visit various doctors. On her own she visited a psychiatrist, who diagnosed her with bipolar affective disorder. Sometimes she would fall into hysterical crises, which manifested themselves in screams and insults towards her parents, as well as two instances of physical aggression towards father, as according to his words, she attacked him with blows to his body without causing any inflicted any injuries.
The request for compulsory treatment was filed by the father, who said he was afraid that his daughter would attack him again, which is why he wanted her to undergo compulsory treatment.
However, the conclusion of the forensic psychiatric examination shows that Daniela, although diagnosed with a genuine mental illness, poses no danger to herself or those around her, as the physical aggression she is alleged to have exhibited is not of a nature to cause actual injury, nor was it intended to cause injury.
* In order to preserve attorney-client privilege, names have been changed.
Who is subject to compulsory treatment by court order?
There are several conditions that must be met in order for compulsory treatment to be ordered.
In first place, the person, whose accommodation is requested must:
- has been diagnosed with a mental illness, which has led to manifestations of psychosis or severe personality disorder;
- has permanent severe mental impairment as a result of a diagnosed mental illness or
- suffer from mental retardation or dementia.
When do we need a lawyer for compulsory treatment?
Both the person whose admission is sought and the people who wish to proceed with the compulsory treatment of their loved one have the right to protection.
Firstly, the person whose compulsory treatment is sought has this right. By law, the participation of a lawyer is mandatory. This is because this type of treatment is carried out in a hospital, i.e., there is a form of deprivation of liberty, and the right to liberty and security is a fundamental human right under the European Convention on Human Rights. Therefore, although the court may appoint a public defender if necessary, it is advisable for the person to appoint a lawyer who is familiar with both the extensive case law of the European Court of Human Rights concerning the compulsory treatment of mentally ill persons and the achievements of psychiatry in terms of the means and possibilities for treating mental illness.
Secondly, it is advisable to seek the assistance of a lawyer with such specialisation when filing a request for compulsory treatment. This necessity stems from the fact that it is necessary to present the facts in detail and competently and to apply the relevant medical documentation so as to avoid the risk that, when considering the case, the court experts will not be given a real opportunity to draw up an accurate conclusion. This, in turn, could lead to the failure to provide compulsory treatment to people who actually need it, as well as to the imposition of compulsory treatment on people who could be treated through the application of less restrictive measures.
When is an application for compulsory treatment of a mentally ill person submitted?
A petition, or colloquially referred to as a “complaint for compulsory treatment,” is filed in cases where a person diagnosed with mental illness or dementia begins to exhibit, simply put, “dangerous behavior.”
This behavior can take many different forms, such as violent outbursts resulting from delusions of persecution or “orders” from voices that the person hears; a pronounced desire or attempts at self-harm, etc.
When does it come to the termination of compulsory treatment?
Several are the hypotheses, under which it is possible to reach a a8> termination of compulsory hospitalization for treatment.
In first place, such an opportunity is available, when the deadline for accommodation has expired, which is determined by the court during the hearing of the case.
Secondly, if the court has ordered compulsory placement for a longer period, it is obliged to rule every three months on whether to terminate or continue the treatment.
Thirdly, termination of compulsory hospitalization for treatment is also possible if the conditions for it no longer apply, i.e. either when, as a result of the treatment, the mental illness or dementia has entered a stage of remission, or when, even if this stage has not been reached, the patient no longer poses a danger to themselves or others. In this case, termination may occur at the request of the patient, the prosecutor, or the head of the medical facility where the patient is admitted.
Why are court cases concerning compulsory treatment heard by criminal courts?
Cases involving compulsory treatment are heard by criminal courts, a fact that initially causes concern both for the person whose admission is sought and for the relatives who have requested such admission.
The jurisdiction of the criminal court in these cases is neither accidental nor a cause for concern, since compulsory treatment is not a punishment. As mentioned above, compulsory treatment is a form of extremely serious interference with the right to liberty and security, and is often sought in relation to a person who does not understand the nature and significance of their actions and/or cannot control their own behavior, i.e. they need a third party to protect their rights. The process itself requires a neutral party to monitor and protect the public interest by ensuring that people who behave dangerously are not subject to detention and treatment.
It is precisely for this reason that in court proceedings concerning requests for compulsory treatment, the participation of a lawyer and a prosecutor is mandatory.
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Silvia Petkova Sole Proprietorship Law Firm provides specialized legal assistance in cases involving compulsory treatment, both on behalf of persons whose placement is sought and on behalf of relatives of mentally ill persons exhibiting dangerous behavior.
The firm has specialists in the field of human rights and, in particular, in the field of the conditions for the legality of deprivation of liberty. The firm’s lawyers are familiar with the latest developments in psychiatric science.
Contact:
Working hours: Monday to Friday from 10:00 AM to 6:00 PM
Address: Sofia, 2 Tri Ushi Str., 3rd floor
Tel. 0885 47 77 57
Email: office@petkovalegal.com
Consultations by telephone and on site at the office are provided only with a pre-booked appointment time.
The specialists at the law firm work throughout the territory of the entire country.