A/HRC/25/60/Add.1
that the patients detained in the prayer camps have ever had their cases reviewed by a
court.10
77.
Many of those interviewed said they had not eaten for several days and were
uncertain for how many days they had been chained; some appeared very weak owing to
fasting that seemed to have gone on for longer than a week. The prophets confirmed that
forced fasting was a key component of the cure as it starved evil spirits and allowed the
spirit of God to heal. The Edfuma prayer camp administered a mixture of traditional herbs,
which the patients were forced to drink, as it was believed to contain special healing
powers.
Mental Health Act
78.
The Special Rapporteur welcomes the adoption of the Mental Health Act (Act 846)
in 2012. The positive aspects of the legislation are that both psychiatric hospitals and
prayer camps will be monitored, there will be an individual complaints system in place and
a procedure for persons with mental disabilities to review and challenge their prolonged
detention before a judge. The new Act also foresees a mechanism for funding, which is
urgently needed in the mental health-care sector.11 However, the Special Rapporteur notes
with concern that no further steps have been taken to implement the Act since its
promulgation.
79.
The current practice is that family members deliver individuals to a psychiatric
hospital or prayer camp, or police remove individuals off the street when they exhibit
confused or aggressive behaviour. Even when a person comes voluntarily to a mental
health facility, family members or staff routinely make decisions on admission, treatment
and discharge, thus effectively denying that person the legal capacity to make his or her
own decisions.12
80.
While the new Act has narrowed the definition of “voluntary” and excluded the
possibility of families admitting relatives “voluntarily” without their free and informed
consent, it presumes the “incapacity” of persons with mental disabilities. The Special
Rapporteur is concerned that this limits their ability to decide where to live and what
treatment to receive.
81.
Just after the visit of the Special Rapporteur, the Government constituted the
Mental Health Board, a critical first step towards implementation of the Act. However, a
representative of the mental health community is not among the board members, as has
been advocated by civil society. With the oversight body still not functional, there is no
mechanism in place to monitor prayer camps effectively and routinely.
IV. Conclusions and recommendations
A.
Conclusions
82.
A number of high-ranking officials in the Police and Prisons Services have
been involved in United Nations peacekeeping missions, are aware of international
human rights standards and appear committed to implementing a more humane
approach to law enforcement and corrections. However, many challenges remain for
this vision to be realized.
10
11
12
“Like a death sentence”, p. 42.
Ibid. pp. 26 and 27. In 2011, less than 1 per cent of the health-care budget was dedicated to mental
health care.
Ibid. p. 56.
15
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