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Juan Sanchez Gil - at The European Times News - Mostly in the back lines. Reporting on corporate, social and governmental ethics issues in Europe and internationally, with emphasis on fundamental rights. Also giving voice to those not being listened to by the general media.
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Spanish Psychiatrists' Lawsuit Fails to Muzzle Human Rights Advocates
The Supreme Court of Spain asserts in its ruling 960/2024 pf the Plenary of the Civil Chamber, that the public debate in which CCHR International and CCHR Spain are participating are of “undoubted general interest” and therefore It has rejected Spanish Society of Psychiatry (SEP)’s claims to muzzle this mental health watchdog group, stating the Supreme Court that:
Accused of being criminals, drug traffickers, genocide preachers, and more
The Spanish Society of Psychiatry and Mental Health (SEPSM / formerly SEP) found another resounding slamming of the door of justice, which has once again ruled in favor of the associations linked to the Church of Scientology and their right to criticize the abuses, thus confirming the judgment of the Provincial Court of Madrid.
The litigation goes back a long way to just before COVID-19 when a series of psychiatrists decided they could not allow any more criticism of the abuses that take place in their ranks, as shown on the websites of the CitizensCommission on Human Rights of Spain (CCDH) and Citizens Commission on Human Rights International (CCHR), harshly attacking the abuses.
The litany of harsh and crude words against psychiatrists cannot be wasted and has been collected in the successive rulings on this case. According to the original complaint from the SEP, on the websites of the associations linked to the Church of Scientology it was stated that:
The ruling in its texts covers on the one side the video materials where CCHR shows their evidences and bold statements, opinions and worries:
And also the “informative material” found at the website https://www.ccdh.es) of the Spanish Citizens’ Commission on Human Rights (CCDH) where there are 19 booklets with very hard hitting titles, like for example Drugging Children. Psychiatry destroying lives; Deadly restraints. Psychiatric “therapeutic” assault; The Brutal Reality. Harmful Psychiatric ‘Treatments’. Report and Recommendations on the Destructive Practices of Electroshock and Psychosurgery, and many others that you can read at the end of the article (*).
Despite all the above, and few others documented cases, analysis and opinions, the Spanish Society of Psychiatry did not hesitate to file a lawsuit against the associations so as to shut the capability of documenting and expressing their worries on the abuses, for unlawful interference with the right to honor of its associates for the dissemination through its (CCHR) web pages of the aforementioned statements. However, in this battle between the right to honor and the right to freedom of expression, psychiatrists have lost.
On Friday, the Plenary of the Civil Chamber of the Supreme Court dismissed the claim for protection of the right to honor and considered that the Provincial Court of Madrid had correctly weighed the jurisprudential criteria to resolve the conflict between freedom of expression and the right to honor.
There are also some Psychiatrists who denounce the abuses of their colleagues
The ruling of the Supreme Court stated that:
It acknowledges that “the publications deal with a matter of undoubted general interest“, such as “certain practices in the field of Psychiatry, and, specifically, on involuntary hospitalizations, use of psychotropic drugs, especially when the patients are children or adolescents, or surgical or electroconvulsive treatments“.
The Plenary ruling admits that the opinions and value judgments for which they are brought to court “are not devoid of a sufficient factual basis”. They consider it “relevant” that such practices “do not refer to specific persons, identifiable with their personal data”. And they state that, “despite the severity of the criticisms and the crudeness of the expressions, its content is directly connected to the public debate in a democratic society and is part of the defendant’s conduct of actively intervening in the social debate on Psychiatry through its publications”.
The ruling also states that:
In accordance with the jurisprudence of the ECHR, which is included in the Supreme Court decision, the questioned statements can only affect the honour or reputation of the members if a certain “threshold of severity” or “level of severity” is exceeded, which in this case “is not reached because, although there is homogeneity in the social group affected by the publications in question (the professionals of Psychiatry), the notes of vulnerability, history of stigmatization or unfavorable social situation do not concur.“
Publications address a debate of “undoubted general interest” the Supreme Court says
In regards to the context in which the questioned statements are made and, although “some could be considered excessive”, the Court recognizes, the conduct of CCDH in making these publications “is part of a public debate of great importance in today’s society”, and so, “agreeing to the elimination of such publications would imply an excessive restriction of freedom of expression that would not be justified by an imperative social need”.
David vs Goliath and the objective reality that prevails in the courts
It seems that Arango would have wanted to turn it into a religious war, feeling as if psychiatrists were the Chosen People of God, and Scientology members (who founded the CCHR to expose abuses in the mental health field) were the philistines, biblically portrayed as opponents of God’s people. Fortunately, it is believed in society that God is not with those who impose psycho-pharmaceuticals, nor with those who impose electroshock, lobotomies, or even with those who involuntarily commit people to psychiatric hospitals, in complete violation of the directives of the WHO and the Office of the High Commissioner for Human Rights.
However, there is one thing that Arango prophesied rightfully in his letter of February 2022: “objective reality prevails in the courts“.
The Supreme Court in its ruling has a) confirmed that psychiatrists have “possibilities of intervening in the public debate and replicating the unfavorable opinions” and b) confirmed and protected CCHR’s right to participate in a public debate of such importance, as it is the respect of dignity and human rights of those who whole visiting psychiatrists to get help, in too many occasions are betrayed either with failing treatments, and more than any acceptable number of times suffer (when they are lucky) abuses and torture, as opposed to the silent death from side effects of barbaric treatments with which some others end.