The
daily newspaper "Tageszeitung" (TAZ)
Bremen reports on 22.6.2005:
www.taz.de/pt/2005/06/22/a0292.nf/text
No
outpatient commitment
Request
for modification by the SPD and CDU to the PsychKG
expressly excludes outpatient commitment
Bremen
taz
Outpatient commitment of psychiatric patients will
not happen in Bremen: Today in the parliament a request
by the grand coalition for modification was refused,
which excludes this possibility in the proposed changes
in the "assistance for the mentally ill" law
(PsychKG). The law would have facilitated compulsory
hospitalization for possibly violent psychiatric patients
and secure a better ambulatory treatment.
The
participants had argued whether with the revised version
of outpatient commitment would be at all possible.
The department answered in the negative, critics however
referred to law 22, which in the third paragraph permits
coercive measures and to which the newly written law
for the ambulatory treatment refers. Now the request
from the SPD and CDU explicitly excludes that sentence
from the law 22.
The
SPD had already pushed for an appropriate concretizing
a month ago. The Federal Work Group of Psychiatric Survivors
had made a vigil demonstration in front of the Berlin
CDU center and yesterday spoke of a "great victory of
our continuous protest".
Which
Rita Mohr-Luellmann,
the health expert of the CDU, sees quite differently.
She ranks with those who explain that the law so far
had no plans for outpatient commitment - the change
is only "a small piece of semantics." And as concerns
the Psychiatric Survivors: At their head stands imposter
Gerd Postel,
who once worked as a false physician
in psychiatry. Thus this group was beyond discussion
for her anyway. sgi
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How
we achieved this success
(in reversed chronological order):
Protest
on 9.6.05-21.6.05 against the refusal
of the CDU to agree to the suggestion of the SPD on the exclusion
of the outpatient commitment in the planned new law in Bremen
of the Mental Health Laws:
Horror
- the
Bremen CDU plans ambulatory torture
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We designate "outpatient
commitment" as being ambulatory
torture, a repressive measure, with which psychiatric force
and violence are to be practiced, even in the home of the person.
To sell this as a mild form of incarceration is the height of
derision of the person. Afterwards
there will be far more coercion and violence against defenseless
and innocent people: First months-long stays
in psychiatry, afterwards a commando
which over years and decades forcibly
injects people at home with psychopharmacologic
drugs. The introduction of this form of psychiatric abuse could,
due to the arbitrary diagnosis, be applied to anyone and means
a substantial degradation of the situation of psychiatrically
slandered and those who are marginalized and/or a slow descent
into fascist conditions. Bremen
thereby
became the forerunner.
Although
all parties in the Bundestag rejected on 4.3.2004 the outpatient commitment as unconstitutional and an appropriate
bill failed on federal level, through a perfidious
trick it is now nevertheless to be a law
of the "Bundesland" at the end of of June.
In this regard exactly the same lies are being told by the CDU
delegate Dr. Rita Mohr Luellmann,
as was previously stated by the Health
Minister, that it is not about outpatient commitment
at all, although the legal text clearly makes it possible.
This is to be implemented in Bremen through a change of the
PsychKG (so-called "law for
the mentally ill"). The same unjustified demand was packed into
new drafts four times by the health administration, but it always
concerned the fact that one can be forced by a court order to
also take psychiatric drugs ambulatory. So far forced treatment
is permissible only in the context of an accommodation in a
psychiatric hospital. It was planned that in future those
in a psychiatric treatment center fetch their depot syringe
themselves, and if he/she does not follow this arrangement,
then he/she can be picked up by the police at home and be treated
by force.
In
the first drafts with one look it was clear that the outpatient commitment should be made possible by the PsychKG.
After protests of the Federal Association of Survivors and of
regional organizations of survivors in Bremen, North-Rhine/Westphalia
and Lower Saxony as well as
a 30-page legal opinion by Thomas Saschenbrecker,
the health administration changed its rhetoric and it proclaimed
publicly that it did NOT want to introduce outpatient commitment. Thomas Saschenbrecker
had already presented the basis for the prevention of the outpatient commitment with his constitutional expert's assessment
on federal level via care right.
Behind
this rhetorical smoke screen the SPD Senator
for health Roepke however
interspersed a fourth
draft
in the deputation, the committee of the parliament in Bremen.
In this draft only by an inconspicuous reference to an existing
paragraph §§22 (3), with which forced treatment in closed
psychiatry is authorized, is this also made possible ambulatory:
§§22 (3) the treatment of the patient is permissible
without his/her consent or his/her legal representative in the
case of present danger for the life or the health of the patient
or others.
To
also carry this out ambulatory, stands in paragraph
§8 (4) of the new law:
2. § 8 is added the following paragraphs 3-6:
.....
(4) The institution responsible for the mentall ill person,
whose restraint is suspended in accordance with clause #3, supersvises
and executes the injunction. The
§§ 22, 23, 25, 26 and 27 are to be applied during the
suspension of the restraint.
After
the senate in Bremen had agreed to the draft on 2.5., this policy
of deception in the SPD was terminated, as the SPD parliamentary
group on 19.5. decided a request for modification, which removed
this obscene reference from
the legal text and instead accepted the necessary voluntariness
of the ambulatory treatment in the legal text. Since in Bremen
however a grand coalition is at the helm, this request for modification
must also be agreed by the CDU. The CDU delegate Dr. Mohr-Luellmann
responsible for it explained on 27.5. to the newspaper "Weser
Courier" that "it has rejected the
request submitted by the SPD parliamentary group ",
and therefore acts in diagonal contradiction to its publicly
expressed opinion: "If someone must be treated for safety
reasons against his/her will, then this can only be accountable
in the context of a stationary stay in a hospital."
We
protest with all deciveness and request the federation CDU
not to also let
the Bremen CDU smooth the way for ambulatory torture.
The CDU must follow its coalition partner in its own department
to find its way out of the lie.
Those
who would like join our continuous protest, are invited
to come along, starting from June 9, 2005 work-days
15-18 p.m. in front of the CDU center. For co-ordination
during the protest weeks we can be reached by mobile telephone
0176/ 29978300.
A
call to protest
on 9.6.05 to
22.6.05 on workdays 15:00-18:00 p.m. in front of the CDU center
Editor:
Federal Association of Survivors e.V.
in the Werner Fuss Center, Haus
der Demokratie und Menschenrechte, Greifswalder Straße
4,
10405 Berlin
Chronicle
of the events from December 8 to May 11
To make politics with lies is what the Bremen Senator
for health Roepke (SPD) made
its task.
She failed in this attempt!
In December she requested to take position on the first draft
bill. We protested to the federal state representation in Berlin
on 8.12. publicly in front of the senator of justice in Bremen
and in front of Bremen representation against the intended violation
of the constitution.
Then
a statement should have been delivered on March 16 for a second
draft. In addition to our repeated public protest we delivered
a 30-page legal opinion by Thomas Saschenbrecker:
www.die
bpe.de/saschi_stellungnahme.
On March 14 a 3rd draft was presented by the Senator,
which was posted March 15., thus just in time for the required
deadline for delivering a statement. And then the height of
absurdity: on March 30 the same outpatient commitment law is
put into a new package and sent to us on the April 20 together
with a letter dated April 12. We thus received the fourth draft
on April 22, right on time so that the Senator
on April 16, thus 6 days before, could lie in the deputation:
With the psychiatry-survivors everything has been agreed to.
And in addition it is not outpatient commitment.
On
April 25 we learned that the deputation had expressed itself
positively towards the draft. On Tuesday, April 26 we pointed
out to all senators and all delegates that by the reference
to the law § 22 ambulatory obligation and force are anchored
in it. At the same time the community centre Weser Terraces
was booked for a panel discussion and found a fellow combatant
in Dr. jur. Pollaehne,
who publicly took position with the
criminal-political study group of Bremen. On May 1 Wolfgang
Grotheer, political speaker
of the SPD parliamentary group agrees to take part on the podium
during the meeting.
On
May 2 the senate decides to bring in the draft despite our warnings.
That led to a continuous demonstration starting from May 2 until
May 12 in front of the Upper House of Parliament in Berlin. The title
was "Horror - Bremen plans ambulatory torture":
www.freedom-of-thought.de/may2/index.htm#demo
On
May 8 the psychiatry survivors of Bremen decide the following
resolution:
The Regional Organization of Psychiatry Survivors
Bremen e.V. determines:
The
Senator Mrs. Karin
Roepke claims that
the planned change of the Bremen mental health laws
(PsychKG's) would
be co-ordinated with us.
This is wrong.
Correct is rather:
We were only falsely informed that no outpatient commitment would be legally regulated.
In
fact the outpatient commitment is made legally
possible by the reference to § 22 PsychKG
in the legal text. All other statements are deceptions
of the public. We decively reject any new planned changes
of the Bremen PsychKG.
We demand that a regulation of the danger threshold
by exclusion and brutal denial of someones rights by
a distinction between humans and "mentally ill"
patients must never happen again.
For the executive committee:
Thorsten Maehrlaender
signed:Detlef Tintelott
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Thus
the political conditions for the resistance were created in
the SPD parliamentary group. On May 11 the political speaker,
Wolfgang Grotheer, assured
us together with the regional organizations psychiatry survivors
North-Rhine/Westphalia, Lower Saxony, Berlin Brandenburg and
Bremen organized a meeting in the community centre Weser
Terraces on the podium where the SPD parliamentary group
in the "Bürgerschaft" convincingly agreed to
remove the outpatient commitment from the bill by means of a
request for modification by the SPD .
(The audio proof is here: www.die-bpe.de/audio/zitate_grotheer.mp3
)
This promise was now carried out: www.die
bpe.de/PsychKGAEnderungsantragderSPD.rtf
outpatient commitment
in the mental health laws (PsychKG)
in Bremen has failed!
Bremen: On
Wednesday, May 11, 2005 the study group of Psychiatry
Survivors, the Regional Organization of Psychiatry Survivors
of North-Rhine/Westphalia and Berlin-Brandenburg, Bremen
and the National study group of Lower Saxony in the
community centre Weserterrassen
were informed that also Mr. Wolfgang Grotheer,
the speaker of the SPD parliamentary group in the legal
committee of the parliament ("Bürgerschaft"), is of the opinion
that the draft bill submitted by the senate so far contained
no legal protection from outpatient commitment.
Mr. Grotheer
convincingly assured us that the break-through of the
political will to permit no outpatient commitment
would now be helped by a request for modification
by the SPD parliamentary group and the reference in §8(3)
of the bill to §22(3), like the reference to the other
intended repressive monitoring possibilities would be
deleted. In addition Wolfgang Grotheer
said that his statements are based on discussions in the
SPD parliamentary group and is not his isolated opinion.
A representative of the Greens parliamentary group announced
likewise at the meeting that they would submit appropriate
requests for modification.
Thus we can achieve a great success in
the central point of our campaign! Despite senatorial
decree and substantial propaganda
of lies from the house of the Senator
Roepke and the political
support of all parties for the outpatient commitment
in Bremen, how she in 4 failed drafts for the new PsychKG
and the agreement of the responsible deputation for health
is expressed, the project failed because of our resistance
and its own internal contradictions.
The continuous protest in front of the Upper House of
Parliament on 2.5.-11.5., on
which the newspaper "Neues Deutschland" reported
on the same day, can be interrupted, until by the
final proof is brought of the promised change. Then the
protest can be finally called off.
The
radio broadcast "Dissidentenfunk"
reported live on May 12 on the news from Bremen (repetition
on 26.5. 16-17 p.m.)
With agreement of Mr. Grotheer
the die-BPE publishes
the statements of Mr. Grotheer,
documented in an original audio
recording, (here
click).
Our cordial thanks is owed here to Dr.
Helmut Pollaehne, who
contributed not only by his participation on the podium
of the meeting, but also contributed substantially to
the success by his informativeness in the Criminal-Political
study group, which led to his statement to all delegates
of the "Bürgerschaft".
At least just as cordial thanks go to
R.A. Thomas
Saschenbrecker,
which by hia legal opinion and his attention to the fact
that with the reference to § 22 the whole outpatient commitment shit was only filled up into a new hose again,
as well as his participation on the podium which made
our success possible.
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Legal
opinion proves incompatability of the Bremen draft with the
constitution!
Demonstration
call and press information
|
We, the Federal Association of Survivors e.V.
together with the Mad Offensive e.V.
and psychiatry survivors from Bremen, Lower Saxony, North-Rhine/Westphalia,
Saarland and Berlin bring to your attention a new attempt to
scoop out our citizen and human rights.
What is planned is a change of the Bremen Mental
Health Laws (PsychKG), which lowers the danger threshold
to such an extent, that each citizen can be shut up at any time.
Sufficient reason is a slanderous psychiatric diagnosis. It
is well known that a psychiatrist can not differentiate between
a "mentally healthy" and a "mentally ill"
person. Examples are the famous Rosenhan experiment and the
activities of our protector, the postman Gert
Postel originating
from Bremen, who was active as head physician of a psychiatric
clinic for many years, without ever drawing any suspicion from
his colleagues .
Reason: There is no psychiatric knowledge!
The outpatient commitment, which the Federal Government
on February 11, 2004 (www.psychiatrie
erfahrene.de/stellungnahme.htm)
regarded as unconstitutional (all Bundestag parties followed
this opinion), is to be made possible by an illegal trick.
1)
how is the danger threshold to be lowered?
Now valid § 9.3.: "a present danger in the sense of paragraph
2 is a state of affairs, with the effect of the damaging event
already began or with this effect directly or approaching in
the very near future with a probability bordering on certitude."
Planned: "a present danger in the sense of paragraph 2 exists
in the event that if due to the psychological illness a harm-causing
event has already occurred, is imminent or although temporally
not foreseeable, however because of special circumstances
to be expected at any time."
Result: Thus always valid for everyone.
2)
the outpatient commitment comes into play through
the inadmissible interpretation of the FGG
§ 70 k again . This interpretation is unconstitutional, because
the FGG is a Federal law.
The FGG is a remark law to
the care law.
Bremen
is not entitled to interpret federal law against the intention
of the legislator in Berlin (see above), which in fact decided
differently.
To
sell this as a mild form of accommodation, is perfidious.
Afterwards there will be much more coercion and violence against
defenseless, innocent citizens:
First months-long psychiatry stays, afterwards a roll command,
which injects people over years or even decades at home. All
this with psychopharmacologic drugs which are harmful and drastically
shorten life expectancy.
Even
the GDR did not practice arbitrariness to this extent .
Some
years ago in the USA similar laws (outpatient
commitment) were created on
instigation of the pharmaceutical
industry. Although all investigations point out that
psychiatric patients are not more dangerous than normal citizens.
We
protest with all deciveness!
We
invite all liberty-loving citizens to the demonstration:
Wednesday, March 16, 2005,
at 14 p.m. in front of the Senate for Law and the Constitution,
Richtweg 16-22 in Bremen,
or
at 15 p.m. in front of the agency of Bremen in Berlin, Hiroshimastr.
24
The
implementation of ambulatory torture is threatened!
The Federal Association of Psychiatric
Survivors e.V. calls for you
to become active!
30
years after the psychiatry enquiry they show their ugly face:
Not only that with the social-psychiatric service the behavior-guards
are introduced throughout the Federal Republic, now even the
ambulatory torture is to be
legalized.
Ambulatory torture is what we call the "outpatient commitment",
which is to be practised as
an psychiatric act of violence and obligation, even in a person's
home. By the arbitrary psychiatric diagnosis this can happen
to anyone. As a reason for this form of abuse, it
is cynically also still assumed that this is allegedly
"the mild means", when in fact it is actually the cheaper means,
so that one can use it at will in Bremen, which is almost completely
broke. It is the height of derision
of the person.
This
most substantial degradation of the situation of psychiatrically
slandered and excluded personsn is to be hammered through as
a law of the federal state of Bremen by the planned change of
the so-called "mental ill law". Because these abusive methods
are incompatible with constitution (in particular Articles 1
and 2), in this year already on federal level the attempt of
the law minister of Bavaria failed to introduce such methods
by care right. Now Bremen wants to thus prove itself as ramming
instrument against human and fundamental rights. This is obviously
to be used as a diversion from the catastrophic budgetary situation
of this Land of the Federal Republic and be demonstrated with
this example of disregard for humans,
what kind of Rambo methods
Bremen able is to use against the weakest instead of tackling
its real problem of a catastrophic budget squandering e.g. the
Space Park.
The
planning of this violation of the constitution concerns us all.
Bremen is despatched by the pharmaceutical
industry, which is particularly interested in outpatient commitment, as a stealth bomber (purportedly
liberal, but is in fact antisocial),
in order - together with the grand coalition in Bremen - to
put the constitution out of action on this question. Afterwards
the Lands of the Federal Republic would follow domino-like.
This purposeful attempt at a rollback into totalitarian conditions
must be fought with all deciveness and fantasy. All possible
allies must be addressed country-wide and be included in the
resistance.
A large effort is necessary!!!
Our
first contribution is:
- the contracting of a legal opinion by R.A.
Thomas Saschenbrecker and
the distribution thereof, as soon as it is ready.
- to call for and support the demonstrations on 8.12.2004
in Bremen (at 13 p.m. in front of the Senate of Justice, Richtweg
16-22) and
in Berlin (starting from 14.30 p.m. in front of the Bremen federal
state representation, Hiroshimastr.
24)
- a radio broadcast in the Dissidentenfunk
on16.12. at 22 h (Internet
livestream:
www.okb.de/radiostream.htm and 97.2 MHz)
Editor:
Uwe Pankow
Handbill
to download (Word.doc) (in
German)
The National study group of Psychiatry Survivors Lower Saxony
e.V.: "Bremen wants violation
of the constitution!!!"
Pictures
of the demonstration in front of Bremen federal state
representation on 8. 12. 2004 in Berlin
and in
Bremen (as link)
in print quality for downloading
(copyright free):
(click
on the selected picture, then with right mouse-click
"save image as...")
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"Since
1979 neither
judges nor psychiatrists have abided
by the law
with regard to compulsory hospitalizations ."
Interview
with Professor Peter Kruckenberg
- read
text as pdf (in German)
Listen
to the audio in
mp3-Format (in
German)
Entire
5th transmission of the Dissidentenfunk
radio broadcast
on outpatient commitment in mp3-Format
(37 MB) (in
German)
How
everything began - the project of the physicians:
The
driving strength is the Federal Labor Association of the
guarantors of psychiatric hospitals. Their chairman, Rainer
Kukla, makes it clear
at the occasion of their meeting, naturally in Bremen, published
in the newspaper "Weser-Kurier" on December 4, 2004:
"This is about the so-called "integrated provision" of
psychiatric patients. Instead of having to make compulsory hospitalizations
again and again, one wants to accompany the patient with a kind
of case-by-case management with all the - as it is called -
"treatment steps" - independently of whether this treatment
is desired by the person or not -, and thus avoid unnecessary
relapses and save costs!
A
crime is used in a revulsive manner, in order to publicise with
a lie the planning of their own violation of fundamental and
human rights, yes even torture :
Physicians newspaper, 25.05.2004
Bremen plans better protection from
mentally ill violent offenders
Patients are to be allowed to be treated
also against their will medicinally
Bremen wants to be allowed to use depot
syringes on violent psychiatric patients also against
their will, on the condition that a judicial decision
is present. That is the suggestion of a round table
of law, social and interior authorities.
If the Bremen state parliament, the
"Bürgerschaft", decides to implement
this suggestion, then the city takes the role of the
pioneer in the question of forced medication of psychiatric
patients in Germany. Bremen Social
Senator Karin
Roepke wants to see
fast results.
The reason for the initiative is the
murder of a Bremer woman
last year. The young woman had contacted the
police because she felt threatened by their mentally
ill neighbour. The police did not intervene. Shortly
afterwards the student was stabbed to death by her neighbour.
In order to be able to act faster in
the future, the Bremen police can now already report
persons who behave psychologically conspicuously directly
to one of the four psychiatric treatment centers of
the city, says Heidrun
Ide, spokeswoman of
the social department. The person can then be sent to
the treatment center, also against their will. Until
recently first a request still had to placed to the
city authorities, which then obtained a judicial order
for turning the person over to the psychiatric institution.
Ide: "Whether the
psychiatric hospitalization is definitely a help, is
questionable."
If the Bremen legislation initiative
becomes generally accepted, patients in the health centers
could soon also be treated ambulatory against their
will with medicines which work for two to three weeks.
The "law for assistance and preventive measures with
regard to mental diseases" (PsychKG),
which must be amended for this purpose, is a matter
for the individual States (Länder). Thus Bremen
can decide independently. Presumably in Autumn 2004
the "Bürgerschaft" is to decide on this
forward push and to mould the suggestion of the study group into law.
Source:
http://groups.google.de/group/de.sci.medizin.psychiatrie/msg/5f71f7052cee0f2b?dmode=source&hl=de
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