CCPR/C/127/D/2920/2016
September 2011, from 12 to 29 December 2011 and from 9 August to 1 November 2013,
and her internment there for more than 15 months in total, was arbitrary under article 9 of
the Covenant.
7.15 As regards the author’s claim under article 7, the Committee has to evaluate whether
the apprehension and forced hospitalizations amounted to inhuman and degrading treatment
or punishment. The Committee observes that, while involuntary hospitalization may be
applied as a measure of last resort and, at times, may be justified to protect the life and
health of individuals, illegal and arbitrary committal to a hospital may cause mental and
physical suffering and thus amount to inhuman and degrading treatment or punishment,
within the meaning of article 7 of the Covenant.
7.16 The Committee notes the State party’s submission in the present case that the
author’s committals to psychiatric hospitals were the result of the author’s delusional ideas
of persecution and litigation activities that reflected the deterioration of the author’s health,
and that she could constitute a threat to others, and the author’s refusal to undergo
outpatient medical treatment, which she did not agree with. The Committee also notes the
undisputed fact that the author submitted numerous complaints and the author’s claim that
her forced psychiatric treatment was a form of punishment for this legal activity. The
Committee further notes the decision of Balkhash city court of 26 July 2012, which found
that the author was not dangerous to herself or to others and ordered that the author not be
subject to any involuntary medical measures. The Committee here reiterates its conclusion
that the author’s three committals to psychiatric hospitals (on 12 January 2011, on 12
December 2011 and on 9 August 2013) were the result of arbitrary decisions and had no
proper medical justification (see paras. 7.13–7.14 above). On the basis of the information
available, the Committee also concludes that the decisions to commit the author to
psychiatric hospitals several times, with forced apprehension from her home, caused her
substantial anguish and mental suffering, including on the basis of persistent fear for her
health and freedom.39
7.17 Accordingly, the Committee is of the view that, in the present case, the author’s
involuntary apprehensions and hospitalizations for a total of more than 15 months and the
subjection of the author to medical treatment despite her opposition, in view of the fact that
she posed no risk of harm to herself or others, amounted to inhuman and degrading
treatment or punishment, within the meaning of article 7 of the Covenant.
8.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the information before it discloses a violation by the State party of articles 7 and 9 of
the Covenant.
9.
Pursuant to article 2 (3) (a) of the Covenant, the State party is under an obligation to
provide the authors with an effective remedy. This requires it to make full reparation to
individuals whose Covenant rights have been violated. Accordingly, the State party is
obligated, inter alia, to take appropriate steps to provide the author with an effective remedy,
including adequate compensation. The State party is also under an obligation to take all
steps necessary to prevent similar violations from occurring in the future.
10.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory or subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective remedy when it has been
determined that a violation has occurred, the Committee wishes to receive from the State
party, within 180 days, information about the measures taken to give effect to the
Committee’s Views. The State party is also requested to publish the present Views and to
have them widely disseminated in the official languages of the State party.
39
Ibid, para. 7.12.
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