Protector: Gert Postel

Office:

Haus der Demokratie und Menschenrechte
Greifswalder Straße 4
10405 Berlin

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Dissidentenfunk Members-only area

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



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

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

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.

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

PRESS STATEMENT

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...")

"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

 

2005 die-BPE Impressum