Protecting the fair trial rights of mentally disordered defendants in criminal proceedings: Exploring the need for further EU action

Verbeke, Peter; Vermeulen, Gert; Meysman, Michaël; Beken, Tom Vander

doi:10.1016/j.ijlp.2015.03.009

Cited by 10 publications

(4 citation statements)

References 6 publications

(9 reference statements)

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“…From the point of view that this population might need additional procedural safeguards in order to understand and follow legal proceedings (Nemitz & Bean, 2001), arguments are made that the mere assistance of a legal representative is insufficient to guarantee the rights of persons with mental illness. Similarly, case 7 law of the European Court for Human Rights' (ECtHR) now states that defendants with mental illness have a right to participate in criminal proceedings from the earliest stage of police interrogation (Verbeke et al 2015). This legal evolution with regard to the right to effective participation could be a source of normative and ethical inspiration to those who provide treatment or care to offenders with mental illness.…”

Section: Law: Human Rightsmentioning

confidence: 99%

Dilemmas in applying strengths-based approaches in working with offenders with mental illness: A critical multidisciplinary review

Vandevelde

Laenen

Damme

et al. 2017

Aggression and Violent Behavior

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The recent focus on extending risk assessment and treatment in forensic mental health with protective factors relates to the increasing interest in strengths-based approaches in various professional disciplines: law (e.g. human rights), criminology (e.g. desistance), mental health care (e.g. recovery), forensic psychology (e.g. the Good Lives Model), special needs education (e.g. Quality of Life) and family studies (e.g. family recovery). In this article, we will discuss the available knowledge with regard to strengths-based approaches for offenders with mental illness, in relation to these different disciplines. Several dilemmas are observed across these disciplines: (1) "Living apart together": the integration of different disciplines; (2) "Beyond Babylonian confusion and towards more theoretical research": conceptualization of strengths-based practices in different fields; (3) "No agency without autonomy": the individual in context; and (4) "Risks, strengths and capabilities": the search for an integrated paradigm. In our view, these different disciplines share a shift in how humankind is viewed, respecting agency in the interaction with people who have offended. Yet, differences apply to the objectives that the disciplines strive for, which warrants not to eclectically consider strengths-based working in each of the disciplines as 'being small variations of the same theme'.

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Section: Law: Human Rightsmentioning

confidence: 99%

Dilemmas in applying strengths-based approaches in working with offenders with mental illness: A critical multidisciplinary review

Vandevelde

Laenen

Damme

et al. 2017

Aggression and Violent Behavior

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“…The Recommendation, with reference to Article 6 of the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms, adds that the aim is to ensure the independence of the judiciary, which guarantees everyone the right to a fair trial by law and without any influence from outsiders" (The right to a fair trial, 2013). Here, the judges emphasize that they are being resisted by the pretrial investigation, but they do not see their guilt in passing an unjust sentence, ruling, or ruling (Verbeke et al, 2015;Giglio, 1982).…”

Section: Resultsmentioning

confidence: 99%

Gaps, conflicts and contradictions regarding measures to ensure the right to a fair trial of the convention for the protection of human rights and fundamental freedoms

et al. 2021

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The first paragraph of Article 6 states that the right to a fair trial is when everyone has the right to a fair and impartial hearing in a court of law within a reasonable time, independently of the law governing the dispute over his rights and obligations. both civil and other (criminal, administrative) nature and the establishment of the accusation against her. The court decision must be made public, but the press and the public may not be allowed in the courtroom during the entire time the case is heard in court or only part of the hearing in the interests of a democratic society, namely morality, public order, national security, and this is required by the interests of the juvenile or the protection of the privacy of individuals, or, if the Court has found the measure necessary, when, in special circumstances, the publicity of the proceedings may be prejudicial to the interests of justice.

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“…The special vulnerability of persons suffering from mental disorders is due to the increased scientific interest in ensuring their rights in criminal proceedings. This vector of scientific research has been adopted by such authors as Peter Verbeke, Gert Vermeulen, Tom Vander Beken, Michaël Meysman [24]; Stephen J. Morse [25] and others. The issue of ensuring the rights of persons with mental disorders during criminal proceedings was also considered by the authors of this article together with Olena A. Leiba [26].…”

Section: Discussionmentioning

confidence: 99%

Placement of a Person in a Medical Institution in Order to Conduct a Psychiatric Examination: International Standards and National Realities

Tyshchenko

Тітко

2020

Wiad Lek

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The aim: The aim of this work is to identify the compliance level of modern practice of placement of a person in a medical institution in order to conduct the FPE to international standards and legal positions of the ECHR in terms of ensuring the right to liberty and security of person; formulation of scientifically substantiated proposals on the synchronization directions of national practices with the specified international standards. Materials and methods: During the preparation of the article the following was processed: scientific research on ensuring the rights of persons suffering from mental disorders in criminal proceedings; provisions of international agreements on the provision of psychiatric care; legal positions of the ECHR on the observance of persons’ rights suffering from mental disorders (15 judgments on this topic); criminal procedural legislation of individual states; results of generalization of national law enforcement practice; the results of a survey conducted by the authors of 18 psychiatrists who practice in the field of forensic psychiatric examinations (psychiatrists working in state psychiatric clinics in Odesa, Poltava, Kharkiv were interviewed). In the process of research a set of general scientific and special methods of cognition was used (comparative-legal method, system-structural method, generalization method, method of analysis and synthesis, method of sociological research, method of expert assessments, etc.). Results: According to the research results: a) legal positions of the ECHR on the observance of the rights of persons suffering from mental disorders are identified and generalized; b) the compliance level of modern practice of placing a person in a medical institution in order to conduct the FPE with international standards and legal positions of the ECHR in terms of ensuring the right to liberty and security of person (§ 1 of Article 5 of the Convention); c) the degree of extrapolation of these positions to the activities of psychiatrists is analyzed; d) the optimal ways of solving the existing problems in the aspect of ensuring the rights of a person when placing them in a medical institution for an inpatient FPE are proposed. Conclusions: The current national practice of placing a person in a medical institution for an inpatient FPE does not fully comply with the legal positions of the ECHR in terms of ensuring the right to liberty and security of person (in particular, there are deviations from the positions of the ECHR on: determining the documentary basis for the appointment of an inpatient FPE; interaction of police and medical workers in the field of psychiatry during the detention of a person with a mental disorder).

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Protecting the fair trial rights of mentally disordered defendants in criminal proceedings: Exploring the need for further EU action

Cited by 10 publications

References 6 publications

Dilemmas in applying strengths-based approaches in working with offenders with mental illness: A critical multidisciplinary review

Dilemmas in applying strengths-based approaches in working with offenders with mental illness: A critical multidisciplinary review

Gaps, conflicts and contradictions regarding measures to ensure the right to a fair trial of the convention for the protection of human rights and fundamental freedoms

Placement of a Person in a Medical Institution in Order to Conduct a Psychiatric Examination: International Standards and National Realities

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