Mark Devereux Human Rights Team Ministry of Justice PO BOX 180 Wellington 7 November, 2006 Dear Mark Comments on Convention Against Torture-Draft Periodic Report. The Minister of Justice in consultation with the Ministry of Foreign Affairs and Trade has completed a draft of the New Zealand fifth Periodic Report under Article 19 of the United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (the Convention). We the members of Patients Rights Advocacy welcome the Draft Report and Our comments are as follows: Part 1: Article 2 Legislation New Zealand Bill of Rights Act 1990 The New Zealand Bill of Rights Act 1990 should override any other law i.e. the Mental Health Act 1992, which allows Electro Convulsive shock to be measured out under that Act, under S59 and S60 against refusal, and S122 does excuse them from criminal responsibility if they act in good faith, ignorance of the law is an excuse for them. That goes against the New Zealand Bill of Rights. We are against force drugging and force Electro Convulsive Shocking through the brain of people, it is an assault specially the children and elderly. We oppose this Torture and other Cruel, Inhuman and Degrading Treatment or Punishment to any person in New Zealand. Most of the people do not know that Electro Convulsive Shock is still practiced in New Zealand but we have obtained the N. Z., Statistics on this and as you can see from that there are a number of people shocked even against refusal. In the Waikato 30% are Electro Convulsive Shocked against refusal. Psychiatrists do this most to women over the age of 50 years. This barbaric practice should be outlawed. We are appalled that this is going on behind closed doors in most hospitals under the name of ³treatment². Crime of Torture Act 1989 has specific and directly enforceable provisions to prohibit acts of torture and was enacted to give effects to the Convention in New Zealand law, but at the same time we have the Mental Health Act 1992, which states that they the psychiatrists can shock people against informed consent, against refusal. This is a law which should be amended to go in line with the New Zealand Bill of Rights which says that everyone has the right to refuse any medical treatment. Electro Convulsive Shock is not practiced in the New Zealand's prisons but in the local hospital to the poor defenseless people. Electro Convulsive Shock is not a therapy nor a treatment it is a torture, inhuman practice. Also forced Psychiatric drugging in rest homes and as Outpatients, is inhuman and should be classified as torture. Crimes Act 1961 A patient who has been assaulted by a medical professional has been so damaged that they can not complain. They have no income or resources to follow through a charge. Geneva Convention Act 1958 The law in New Zealand protects the wrong doers not the patient. They twist the language, give it a nice name and tell people that it is good for them. How can Electrocution of the brain be good for anyone? Health 175 ³Under the Mental Health Compulsory Assessment and Treatment Act 1992, District Inspectors are appointed to investigate complaints. Every patient is seen by a District Inspector at least twice during the assessment phase and after clinical reviews.² This is not true, we know of patients who have never seen a District Inspector. We have written to the Health and Disability Commissioner but he did nothing, nor did the ombudsman. The District inspectors are for the hospital, not for the patient. Enclosed articles for your information. 1.) PM¹s conduct questioned in compensation case, September 22, 2006. The National Business Review. 2.) Scoop Press Release N. Z.. National Party, Thursday 14 September 2006. 3.) Dodgy on Lake Alice Pay out, Dr Coleman, Thursday October 26, 2006. 4.) Who protects patients? Hamilton Press, Wednesday April 13, 2005. by Anna de Jonge Advocate. 5.) Electro convulsive Shock Annual Statistics, 2006. 593 patients shocked without consent. Psychiatrists at Waikato hospital shocked 30% without consent. 6.) Age of patients 15 - 94. Females 214, Males 95. They call it treatment but it is assault to the brain, torture. 7.) Stop ECT, letter to Healthy Options, October 2006, by Enid Denman, Tasmania. We know of several people who¹s lives have been irreversibly ruined by forced drugging and Electro Convulsive Shocking. Thank you for giving us the opportunity to make our comments. Looking forward to receiving the final draft. Yours sincerely Anna de Jonge and team Patients Rights Advocate 65 Tawa Street Hamilton New Zealand Ph:Fax:+64 7 8435 837 Email;