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28 December 1994
PROTECTION OF MENTALLY ILL
PERSONS
Thank you for inviting submissions with regard to the
new constitution. Some years ago we read a shocking article with some photos
about the treatment of mentally ill people of colour who were institutionalised
in old mine campongs under unspeakable appalling
conditions.
The attached
proposal is our humble contribution toward preventing such inhumane treatment
from ever happening again.
Yours faithfully
Chris De Weerdt
Willem Jacobsz
(1) Detention of mentally anguished, deranged or
insane persons
Every person who is being detained on suspicion of
being mentally anguished, deranged or insane and who has not committed a
punishable offence shall-
a) be considered sane until certified
otherwise in a court of law; b) be informed promptly in a language which he or
she understands
of the reason for his or her detention; c) be detained under
conditions consonant with human dignity, which shall include at least
a
provision of adequate nutrition, reading material and non-psychiatric medical
treatment; d) have the right to refuse any form of
mental treatment whilst
awaiting judgement., c) have the right to consult with a legal practitioner of
his or her choice, to be informed of this right promptly and, where
substantial injustice would otherwise result, to be provided with the services
of a legal practitioner by the state; f) to be given the opportunity to
communicate with, and to be visited by, his or her spouse
or partner, next-of-
kin, religious counsellor and a medical practitioner of his or her choice;
g) have the right to challenge the
desirability of his or her detention in
person before a court of law and to be released if such detention is found to be
undesirable;
h) as soon as it is reasonably possible, but not later than 48
hours after being taken into custody, if the said period of 48 hours
expires
outside ordinary court hours or on a day which is not a court day, the first
court day after such expire, to be brought before
an ordinary court of law and
to be informed of the reason for his or her further detention, failing which he
or she shall be entitled
to be released; i) have recourse by way of appeal or
review to a higher court than the court of first instance; and j) be
institutionalised
within a reasonable time after being certified
insane.
(2) Dignity and security of mentally anguished, deranged or
insane persons
No mentally anguished, deranged or insane person
shall-
a) be subject to torture of any kind, whether physical, mental or
emotional; h) be subject to cruel, inhumane or degrading treatment
or
punishment; c) be subject to servitude or forced
labour.
(3) Voluntary institutionalisation by mentally anguished
or deranged persons
No mentally anguished or deranged person who
has entered into voluntary institutionalisation shall-
a) be
detained against his or her will.
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