Burst
Written by: Peng Kaixin, Cai Zhengbang
2020-01-04 00:00
Last updated: 2020-01-04 00:14More than 6,000 people were arrested during the anti-revision demonstrations. Frequently released arrests were unfairly treated by the police when they were detained. Today, there are more arrested persons with disability certificates who have complained to the police. Ms. A, who is recovering from mental illness, needs to take medication daily. She was arrested during demonstrations last year. She was shown with a disability certificate several times during detention, stated that she was being refused medication, and finally had to wait until she was released on bail. Only before taking the medicine, more than 24 hours later than the original scheduled time.
The police even asked Miss A to make a statement without arranging a suitable adult. According to some lawyers, according to the Mental Health Ordinance, Ms. A is a mentally incapacitated person (MIP). According to police guidelines, MIP must conduct investigations with the “appropriate adult”. The police's handling of Ms. A's case violates the guidelines.
Ms. A, who was recovering from a mental illness, needed to take medication daily. She was arrested during demonstrations. During the detention, she was shown several times with a disability certificate to the police, indicating that she was denied medication. (Photo by Cai Zhengbang)
See the duty officer in turn. I told the doctor that I had a psychiatric department. I was told by the government hospital that I had to take medicine. I had to take medicine in the near row. So I had to take the medicine. . The duty officer would just talk to me to play, you are comfortable and go out, and people ask you to go out.
Arrested Miss AIn the past six months, Ms. A's condition worsened. The psychiatrist changed a new medicine for her and told her to take the medicine on time. Unfortunately, Ms. A was arrested during the demonstration about a week after the transfer. She recalled that on the day of her arrest, she was detained with a group of arrested people to a large parking lot in the police station. At that time, her coat and long-sleeved shirt were confiscated as evidence, and she could only wear short-sleeved shirts provided by the police. Waiting for more than ten hours under the weather and shortage of thermal blankets.
Demonstrated to the duty officer for the first time that he is mentally ill
When it was her turn to meet the duty officer, Miss A revealed that she was mentally ill and needed to take psychotropic medicine. She also mentioned in particular that "I want to change medicine in the near row, so I must take peony medicine." "You play, you're comfortable and you're out, people call you out." Miss A, who was yelled at, re-emphasized, "I really need to take medicine. I can't just decide on a psychiatric medicine. My colleague told me that I had taken out a disability certificate, but all of them told me to play. "
Indicating the Duty Officer to be sent to the hospital refused
Because Miss A was without medicine at the time, she asked the duty officer to go to the hospital, but the duty officer pointed to the woman who fainted behind Miss A. "You walked down the drain, you did n’t even get into the row. Others had a lot of blood. Before you get in, you wait slowly, you do n’t have one or two to play with. ”Ms. A said that the woman passed out for a long time and ignored her until she turned her eyes and cramps. Police officers called an ambulance and later learned that the woman was hit by a baton.
The type of disability is listed on the back of Ms. A's disability certificate as mental illness. (Photo by Cai Zhengbang)
Miss A, who was unable to go to the hospital to dispense medicine, waited and arranged. Police officers at the scene repeatedly accused the arrested man in a vicious tone. When the person raises his hand to go to the toilet, the police officer will scold him, "You have to do something about it," "Go to do it many times a day, go," and so on. In the body, menstrual blood infiltration on the stool.
Second police officer ignores disability certificate
After waiting for more than 12 hours, a second police officer finally contacted Miss A. The police officer was responsible for searching the bag. When he found the disability certificate and the disabled octopus in Miss A's handbag, I have an Octopus with a disability. I was told by the same official on the first day that I want to take medicine. I really need to take medicine. " I did n’t even notice that Miss A was a MIP.
Ms. A recalled that she had been shown to the police three times during detention that she had a disability certificate and that her request for psychotropic medication had not been taken seriously and she was disappointed. (Photo by Cai Zhengbang)
Lobbying without a lawyer
During her detention, Miss A insisted on waiting for a lawyer to make an confession. However, during the process, police officers continued to persuade her to make an confession as soon as possible. "?", "You fill in your mouth to supply paper and quickly go away," and scared them that no lawyer would come. "(Police officer) talking about you makes me so surprised, I confess."
Third time indicates that a disability certificate is still not processed
In fact, there was a group of lawyers outside the police station waiting to meet the arrested person, but the police had not made any arrangements. Miss A finally took an confession without a lawyer. When she took the confession, she said for the third time, "I have a disability certificate, and I need to take medicine." With the paper on her body, Ms. A told the police officer that "I have a doctor's paper and I only have a disability certificate." The disability certificate on Ms. A listed the type of disability as mental illness.
When the police searched the bag, I saw that the disability certificate is the same as the disabled octopus. I said that the disability certificate is the same as the disabled octopus. I first had the same day officer say that I want to take medicine. Ignore me, ask me to collect it, and wait.
Arrested Miss AMiss A showed the police three times that she had a disability certificate and that her request for psychotropic medication had not been addressed. Miss A was not allowed to take medicine until she returned home on bail, which was 24 hours late.
The worsening of the follow-up visit after bail requires two drug dose increases
Ms. A said that taking psychiatric medicines regularly, especially when she changed to new medicines due to the deterioration of her condition, she had to be cautious. Without medicines, she would experience anxiety, dry mouth, hand tremor, and even depression symptoms. Therefore, to stay and eat, the hospital is following closely, and you must be very careful during the transfer, and you must eat together. "After being released on bail, Miss A's physical and mental condition deteriorated, and she needed to see psychological counseling and follow up at a mental hospital. "It has improved for the past six months. The condition has worsened because of rates, and the medicine has worked. I switched to a new medicine and entered the detention center. Then I increased the dose of the new medicine and added the medicine twice."
Feel sorry for yourself
Looking back at the incident, Miss A feels aggrieved by the police officer's disregard for her own requirements. "Show Zhang's card shows you are all dumbfounded." Ms. A said that fortunately she did not experience panic symptoms that day. She was worried that if other MIPs were arrested and over-frightened, she would be punished. If you need someone, you do n’t use it. ”
Lawyer Lin Wenwen (pictured left on the first picture) and Legislative Councillor Zhang Chaoxiong (pictured left on the second picture) consider that the police were improper in handling Miss A's case. (Photo by Cai Zhengbang)
Lawyer: Police handling Miss A's case violates police guidelines
MIP must be accompanied by a suitable adult
Lawyer Lin said that according to the Mental Health Ordinance, Ms. A is a mentally incapacitated person (MIP), and the Police General Order, the Rules and Instructions for Interrogation of Suspects and Admission of Confessions, and even the Procedure Manual within the Police Force. The "Police Manual" and other instructions set out the procedures for the police to contact the MIP. When the police officer suspects that the arrested person is a MIP, he must arrange the presence of a suitable adult to conduct confession and investigation. Lin Wen questioned the police officer. And the duty officer would have no reason to know how to handle Miss A's case. He continued that MIP was in the absence of a suitable adult. In case the police put the case to trial, "In legal proceedings, Miss A has the right to overturn the confession. Admitted as invalid. "
The anti-revision legislation has so far stated that the police often delay the delivery of arrested persons who need medical treatment to hospitals due to insufficient manpower and resources. However, according to the "Notice to Detained Persons or Persons Under Police Investigation", The arrested person has the right to "seek medical treatment", not to mention that Miss A has taken the initiative to mention a disability certificate, need to take psychiatric drugs, go to a psychiatric follow-up, etc. "In this case, if the police officer refuses When you go to get a disability certificate, you just need to disregard the disability certificate.
The female Lin questioned that the police officer and duty officer had no reason to know how to handle Miss A's case. (Photo by Cai Zhengbang)
In 2015, a mentally retarded man in Meilin Village was allegedly beaten to death by a dog-releasing man. Police arrested the mentally retarded man and charged him with manslaughter. It was later found that the victim was not present at all and the police's statement was misleading. Zhang Chaoxiong, a legislative council who assisted the victim that year, stated that after the accidental arrest of Meilin Village in 2015, police officers needed to undergo a disciplinary hearing. The police made a series of remedial measures. MIP should be accompanied by adults. However, after the anti-revision incident, Another case of police neglecting the MIP occurred, "In this anti-revision incident, police practices and attitudes have changed, and the police have no rules."
Ms. A did not decide to complain to the CAPO unfairly. Zhang Chaoxiong, who assisted Ms. A, said, "It is true that my case is on the IPCC, and my confidence is high. In fact, the five major demands are clear. There must be an independent investigation. Mechanism, an independent investigation mechanism, we are not confident that cases like Miss A can be justified. "
The legislative council Zhang Chaoxiong said that after the accidental arrest of a mentally retarded man in Meilin Village in 2015, police should learn lessons and handle MIPs with caution. (Photo by Cai Zhengbang)
Many people with disabilities participated in the anti-revision demonstration. The deputy convener (Human Rights Group) of the FDC, Li Enjun, said that the United Nations will have a preparatory hearing in March this year. The design issue requires the Hong Kong Government to discuss the Convention on the Rights of Persons with Disabilities. Answer: In October this year, the UN ’s agenda preparation meeting reviewed China and Hong Kong ’s report on the Convention on the Rights of Persons with Disabilities. FDC and Zhang Chaoxiong will invite organizations concerned with the rights of persons with disabilities to convene a meeting at the end of this month to understand whether their rights are guaranteed when people with disabilities participate in assemblies. The goal is to arrange a comprehensive report or guidelines for people with disabilities to participate in public meetings by March, and then submit relevant documents to relevant UN committees so that when they design the list of issues, they will ask the Hong Kong government to respond to the issues and reflect the reality.
Li Enjun, deputy convener of the FDC (Human Rights Group), said. The goal is to prepare a comprehensive report or guidelines for people with disabilities to participate in public meetings by the United Nations by March. (Photo by Cai Zhengbang)
The police responded that they attached great importance to protecting the rights of mentally incapacitated persons and were required to comply with relevant internal guidelines. When a police officer meets or takes statements from anyone who is suspected or known to be mentally incapacitated, whether or not he is suspected of committing a crime, he will try to arrange the presence of a suitable adult. Where a search for detention of a mentally incapacitated person is required, the police will arrange a suitable adult to be present where practicable.
All newly recruited and serving police officers have been provided with comprehensive training by the police. Training elements for dealing with mentally incapacitated persons have been added to the curriculum to enhance their understanding of relevant topics and enhance their professionalism in performing their duties.
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