From:
Jim Gottstein <jim.gottstein@psychrights.org>
Dear Ms. Stiehl,
I am a lawyer with the Law Project for Psychiatric Rights (PsychRights),
working with MindFreedom, International, and writing to urge you to stop
the electroshocking of Catholic Charities’ ward, David Russell. I
understand David Russell is now assigned to you.
The legal justification for overriding Mr. Russell’s choice to not be
electroshocked is that he lacks capacity (is incompetent) to make such a
decision. In fact, his supposed incompetence is the basis for
Catholic Charities being appointed his guardian. Mr. Hanratty
wrote me, “Catholic Charities did not petition and would not petition
for electroconvulsive therapy.” However, Catholic Charities, in
derogation of its responsibilities, has acquiesced in the forced
electroshock of Mr. Russell. Since Mr. Russell’s decision-making
rights have been removed from him and transferred to Catholic Charities,
it has the obligation to make informed decisions. If you exercise
that authority against electroshocking Mr. Russell there should be no
legal basis for administering it to him.
Contrary to the marketing of the electroshock industry, electroshock is
very harmful with virtually no benefits to the patient. See the
information on the PsychRights Electroshock
website page. The
January 24, 2011, PsychRights letter to the Food and Drug Administration
is a good summary and
Sarah Price Hancock’s recent e-mail to Governor Waltz and people at Mayo
is excellent on the topic.
Electroshock, however, does have benefits for staff and other people
because it tends to shut the patients up or otherwise disable them.
In fact, Mr. Russell witnessed another patient being electroshocked to
the point where he couldn’t speak and even needed help eating. Mr.
Russell is terrified.
You should know that the United Nations has concluded Electroshock can
constitute torture in violation of International Law. See, UN
Human Rights Council. (19 June 2020).
“Mental Health and Human Rights: Resolution 43/13 Adopted 19 June 2020.”
A/HRC/RES/43/13. Geneva: United Nations; UN Human Rights Council. (20
Mar 2020).
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment:
Report of the Special Rapporteur.
A/HRC/43/49. Geneva: United Nations; Méndez, Juan E. (4 Mar 2013).
“Statement By Mr. Juan E Méndez, Special Rapporteur on Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, 22nd Session of the
Human Rights Council of the United Nations.”
Geneva: United Nations. See also the related
Report of the Special Rapporteur on Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, Juan E. Méndez
(2013), A/HRC/22/53. Geneva: United Nations.
By standing by doing nothing, Catholic Charities is letting evil
triumph. I respectfully suggest Catholic should not be a tool for
torture and should immediately stop the electroshocking of Mr. Russell
against his will.
Sincerely,
James B. (Jim) Gottstein, Esq.
The Law Project for Psychiatric Rights is a public interest law firm
whose mission is to mount a strategic litigation campaign against forced
psychiatric drugging and electroshock. We are further dedicated to
exposing the truth about these drugs and the courts being misled into
ordering people to be drugged and subjected to other brain and body
damaging interventions against their will. Due to the massive
psychiatric drugging of children and youth, PsychRights has made
attacking this problem a priority. Children are virtually always
forced to take these drugs because it is the adults in their lives who
are making the decision. This is a national tragedy of immense
proportions. PsychRights is seeking sufficient funding to increase
its impact. See,
Getting to the Next Level.
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