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Soviet Psychiatry and Human Rights: Reflections on the Report of the U.S. Delegation

Published online by Cambridge University Press:  29 April 2021

Extract

For more than 20 years, the Soviet Union has been charged with confining political and religious dissidents in psychiatric hospitals for other than medical reasons. The repressive use of psychiatric hospitalization has been primarily associated with the maximum security “special hospitals,” operated by the Ministry of Internal Affairs, to which dissidents have been committed after being found mentally nonresponsible for political crimes. In 1977, the World Psychiatric Association (WPA) condemned the Soviet Union for such abuses, and six years later the Soviet All-Union Society of Neuropathologists and Psychiatrists resigned from the WPA rather than face almost certain expulsion. Soviet psychiatric officials repeatedly denied these charges of political abuse and refused to permit international bodies or psychiatrists from other countries to see the patients and psychiatric hospitals in question.

In the spring of 1989, however, the Soviet government allowed an official delegation of psychiatrists and forensic experts from the United States to interview patients, selected by the delegation, in whose cases hospitalization was believed to have been politically motivated.

Type
Article
Copyright
Copyright © 1990 American Society of Law, Medicine & Ethics

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References

See, e.g., Bloch, Sidney and Reddaway, Peter, Soviet Psychiatric Abuse: The Shadow over World Psychiatry. (Boulder, Colorado: Westview Press, 1985); Koryagin, Anatoly, “Unwilling Patients,” Lancet 1981:821.Google Scholar
Report of the U.S. Delegation to Assess Recent Changes in Soviet Psychiatry, July 12, 1989. (Report presented to the Assistant Secretary of State for Human Rights and Humanitarian Affairs, U.S. Department of State)(Hereinafter, “Report of U.S. Delegation”).Google Scholar
Commentary on the Report “Assessment of Recent Changes in Soviet Psychiatry” prepared by the U.S. Delegation on the Results of Its Visit to the U.S.S.R. (Translation by U.S. Department of State)(Hereinafter “Soviet Response”).Google Scholar
“Statute on Conditions and Procedures for the Provision of Psychiatric Assistance,” Ratified by a Decree of the Presidium of the U.S.S.R. Supreme Soviet, January 5, 1988, Ved. Verkh. Sov. SSSR, No. 2 [2440], (Jan. 13, 1988) (effective March 1, 1988), Item 19, at 22–27 (U.S.S.R.), reprinted in “New Law Broadens Mental Patients' Rights,” Current Dig. Soviet Press 40 (1988): 1115.Google Scholar
“Psychiatry: Law and Practice,” Pravda, March 1, 1989.Google Scholar
Within a few months after its departure from the U.S.S.R., the U.S. delegation received confirmed reports that this patient and three other hospitalized patients who were found to have no mental disorder by the U.S. psychiatrists had been released. The fifth hospitalized patient found to have no mental disorder was soon transferred from a special psychiatric hospital to an ordinary psychiatric hospital.Google Scholar
Sneznevsky, Andrei V., “The Symptomatology, Clinical Forms and Nosology of Schizophrenia,” in Howells, J.G. (ed.) Modern Perspectives in World Psychiatry (Edinburgh and London: Oliver & Boyd, Ltd., 1968):425447.Google Scholar
Andreasen, Nancy, “The American Concept of Schizophrenia,” Schizophrenia Bulletin 15 (1989):519531, at 527.CrossRefGoogle Scholar
Report of U.S. Delegation at 30.Google Scholar
“Psychiatry and Politics” (Interview with Alexander Churkin, Chief Psychiatrist of the U.S.S.R. Ministry of Health), New Times 43 (1988): 4143.Google Scholar
Soviet Response at 25.Google Scholar
See, e.g., R.S.F.S.R. Criminal Code, Article 11. The Soviet Codes appear in translation in various sources. See e.g., Berman, Harold V., Soviet Criminal Law and Procedure. The R.S.F.S.R. Codes (2nd Ed.)(Cambridge, Mass.: Harvard University Press, 1972).Google Scholar
R.S.F.S.R. Code of Criminal Procedure, Chapter 33, Proceedings for the Application of Compulsory Measures of a Medical Nature, Articles 403413.Google Scholar
Soviet Response at 25–26.Google Scholar
Report of U.S. Delegation at 31.Google Scholar
Id. at 33–34.Google Scholar
Soviet Response at 2.Google Scholar
Statement by the All Union Society of Soviet Psychiatrists and Narcologists of the U.S.S.R. before the World Psychiatric Association General Assembly in Athens, October 18, 1989. The Soviets also acknowledged “that previous political conditions in the U.S.S.R. created an environment in which psychiatric abuse occurred for non-medical, including political, reasons.” Id.Google Scholar
Resolution adopted by the WPA, October 18, 1989.Google Scholar
“Revisions and Supplements to the Law of the U.S.S.R. ‘Criminal Liability for State Crimes and Certain Other Legislative Acts of the U.S.S.R.,’ ” decree enacted by the Presidium of the U.S.S.R. Supreme Soviet issued April 8, 1989 modifying article 70. “Revisions and Supplements to the Criminal and Criminal Procedural Codes of the RSFSR,” decree enacted by the Presidium of the RSFSR Supreme Soviet on April 8, 1989, repealing Article 190–1.Google Scholar
Article 27 of the R.S.F.S.R. Criminal Code (infringement of the person and rights of citizens under the appearance of performing religious ceremonies) will be repealed, and Articles 142 and 143 (pertaining to violation of the laws on separation of church and state, and of school and church, and hindering of religious worship) will be revised to “eliminate the possibility of indictment of persons for their religious beliefs.” Soviet Response at 10.Google Scholar
“Psychiatry: Law and Practice,” Pravda, March 1, 1989.Google Scholar
See generally DeGeorge, Richard T., Soviet Ethics and Morality, (Ann Arbor, Mich.: U. of Michigan Press, 1969).Google Scholar
Crawshaw, Ralph, “Medical Deontology in the Soviet Union,” Archives of Internal Medicine 134 (1974): 592.CrossRefGoogle Scholar
See generally American Bar Association Criminal Justice Mental Health Standards, Std. 7–1.1 and commentary (1989) 4–15; Gutheil, Thomas and Appelbaum, Paul S., Clinical Handbook of Psychiatry and the Law (New York: McGraw-Hill, 1982) at 289.Google Scholar
Report of U.S. Delegation at 67.Google Scholar
See, e.g., Komsomolskaya Pravda, July 16, 1988 (quoting S.V. Polubinskaya), reproduced in International Association on the Political Use of Psychiatry, Information Bulletin No. 19, Sept. 1988.CrossRefGoogle Scholar
Polubinskaya, S.V. and Borodin, S.V., staff members of the Institute of State and Law of the U.S.S.R. Academy of Sciences, signed legal commentary in the preliminary Soviet Response to the Report of the U.S. Delegation, dated June 28, 1989.Google Scholar