GARTH DANIELS - and - UN Special Rapporteur on Torture Revisited - Solitary Confinement

"In modern prison systems of the world one can trace the origins of the philosophy of rehabilitation through isolation to the Pennsylvania prison model, developed in the 1820s at the Cherry Hill Prison. The aim of the model was to rehabilitate criminals through solitary confinement; prisoners spent all their time in their cells, including work, in order to reflect on their transgressions and return to society "morally cleansed" *
*U.N.General Assembly 28 July 2008, sixty third session Item 67 (a) of the provisional agenda* Promotion and protection of human rights:implementation of human rights instruments.


On 28 Janaury 2011 Garth Daniels admitted himself to Peninsula Hospital Frankston as a result of an adverse reaction to a prescribed Community Treatment Order intra-muscular injection, and; found himself transferred to Thomas Embling Forensic Hospital(sic). Garth Daniels has been held at Thomas Embling for almost 365 days. Since 25 January 2012 Garth Daniels has been kept in solitary confinement for 24 hours a day.

"Considering the severe mental pain or suffering solitary confinement may cause, it can amount to torture or cruel inhuman or degrading treatment or punishment when used as a punishment, during pre-trial detention, indefinitely or for a prolonged period, for persons with mental disabilities or juveniles"; Juan Mendez U.N.Special Rapporteur as quoted in the UN News Centre 18 October 2011.

In April 2008, an Australian Supreme Court Judge Bongiorno in a terrorist trial over mistreatment of prisoners inside the maximum security Acacia Unit, about 60 kilometetres from Melbourne, noted that the defendants had been kept locked in individual cells for up to 23 hours a day, with severe restrictions on receiving visitors.... Why is Garth Daniels who is not a terrorist being locked up in solitary confinement for 24 hours a day?

Judge Bongiorno in relation to the prisoners confinement summed up the testimony of Dr.Douglas Bell, a government forensic psychiatrist, in these terms: "Dr. Bell considered that in the circumstances of the applicants it is more likely than not that an ordinary person would experience significant psychological and emotional difficulties. These difficulties are likely to have a significant effect on the applicants' ability to concentrate or to remember things from day to day or week to week... He considered that...would be likely to impact to a significant extent on the cognitive mental functions..."

Consequently, Judge Bongiorno required the authorities to carry out a list of alterations which included 10 out-of-cell hours per day when the inmates were not attending court.( see Blog dated 2009) What is required to have Garth Daniels out of solitary confinement? How is it that after 365 days of treatment in a hospital albeit a forensic facility, Garth Daniels is confined to solitary confinement?

Ironically, Dr Douglas Bell is the Assistant Clinical Director (Inpatients and Prison Operations) at Thomas Embling, who has taken leave. Yet, Garth Daniels who is not a terrorist...Garth Daniels who has not committed a crime...in fact Garth Daniels who is an Australian Citizen, at this time remains in solitary confinement without any indication from the treating psychiatrist, Dr. Hemlata Ranga when this will cease. Is the physicians oath not First, do no harm?
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GARTH DANIELS - Thomas Embling - inside Argyle

Garth Daniels is in a dangerous place...Garth Daniels has never stood in a witness box yet is unable to prevent being imprisoned in Victoria's dreaded jail... because that is what Thomas Embling Forensic Hospital is...it is a dentention centre for those mentally impaired who have been through the judical process and found guilty of a criminal offence.

NO EMERGENCY FACILITIES exist at this "hospital", no operating theatres, the only specialists located here it seems are psychiatrists, and; those medical registrars in hospital based psychiatric training. Thomas Embling Forensic Hospital is surrounded by ten metre high fences more akin to prison and a dentention centre...

Within the ten metre high fence are other caged units including another...an acute ward known as Argyle, also surrounded by a wired cage. A prison within a prison...housing fourteen residents. Further within its confines are found the rooms for solitary confinement.

Garth Daniels has no crime and no sentence against him yet he still languishes in Thomas Embling Forensic Hospital's Argyle Ward.

For the past five days Garth has been held in solitary confinement. To the parents of Garth Daniels political desenters and terrorists in this beautiful country of Australia are accorded more rights...unlike the former Apartheid South Africa. Why?

Garth Daniels has not self harmed or been a threat to the community. In fact Garth admitted himself to Frankston Hospital on the advice of his treating physicians because the drug which had been prescribed for him in injection form was causing him excruciating bodily harm.

Why? Why is it that Garth Daniels is considered dangerous! Garth Daniels has not committed any crime let alone murder yet he has now been held prisoner for 365 days.

The Clinical Director of Thomas Embling Forensic Hospital(sic)is Dr. Maurice Magner from South Africa, who refuses to meet with the Daniels' family informing them that they are too emotionally charged.

GARTH DANIELS - Victorian Institute of Forensic Mental Health(sic) - Thomas Embling Forensic Hospital - unplugged.

"The psychiatric profession has failed to advocate adequately for better mental health resoucing and human rights protection of those subject to Community Treatment Orders."
Guvant Patel. Australas Psychiatry, 2008 Oct;16(5):340-3

Garth Daniels must wonder what better health resources(sic)are required when he has been classified by a leading Psychiatric Registrar, Dr. Hemlata Ranga at Thomas Embling Forensic Hospital(sic)as an inmate under Section 16(3)b of the Mental Health Act 1986 (as amended).

What this Section 16 implies is that Garth Daniels has been before the courts and found guilty of an offence under either the Crimes Act, Sentencing Act or the Mental Impairment Act.

The facts are that Garth Daniels has NEVER BEEN FOUND GUILTY BEFORE THE COURTS OF ANY OFFENCE CRIMINAL OR OTHERWISE. It also raises the question of how a psychiatrist is able to assume a function of the Department of Justice. To suggest the classification is an error is fradulent as such a classification is defined by Legislation of the Parliament of this State of Victoria.

What is not noted is that Garth Daniels was under a Community Treatment Order and voluntarily admitted himself to Frankston Hospital Mental Health Service advising that the prescription injections given to him were causing distressing symptoms...which included the inability to sleep more than three hours in any twenty four. On that day 28 January 2011 Garth Daniels found himslf put into isolation and transferred to Thomas Embling on 14 February 2011.

There is the issue of human rights protection of Garth Daniels which it seems is totally ignored. Garth Daniels has been bashed by fellow inmates, been placed in isolation amidst allegations of assault on staff, and; for his own protection from fellow "patients". Notwithstanding the former Garth Daniels has also sufffered not inspite of the drugs but because of the prescription drugs...an iatrogenic effect.

Garth Daniels rights under the Mental Health Act and the Charter of Human Rights and Responsibilities Act has been eroded by Dr. Hemlata Ranga. Because Garth Daniels is now classified as an involuntary patient...it appears Dr. Hemlata's assumption is that experimental doses and combinations of prescription drugs may proceed carte-blanche.

The consequences of which is that Garth Daniels continues to suffer debilitating bodily effects of the current prescriptions...And, is intimidated by the psychiatrist who refuses to acknowledge his concerns...or any adverse drug reactions.

According to information from the Chief Psyciatrist Dr. Ruth Vine,Dr.Douglas Bell, Assistant Clinical Director (inpatients and prison operatons) at Thomas Embling supervised Dr. Ranga, who is ultimately responsible for the treatment of Garth Daniels.

Dr. Douglas Bell has been on leave from December 2011 and only due to return in June 2012. Dr. Hemlata Ranga has been treating Garth Daniels since 14 February 2011...it is now 2012. Garth Daniels continues to suffer under the treatment of Dr. Hemlata Ranga...

The Clinical Director, Dr. Maurice Magner refuses to intervene merely advising that the Daniels'family concerns have been communicated to the "treating team". And, that Mr. Daniels sen. is too emotionally charged so refuses to meet with him. Thomas Embling boast best practice... makes one wonder why Garth Daniels is still not free...

GARTH DANIELS - Olanzapine/Zyprexa - reinventing the wheel

Prescribed before and now again reinventing the wheel- psychiatrists expecting a different result?

These are the packages of the prescriptions of Olanzapine/Zyprexa which Garth Daniels was forced to consume several years ago with debilitating effects. Now several years on these drugs have again been prescribed... via an intra-muscular injection and orally "off-label" without informed consent. Yet, Garth survives...now free from the 550mg zuclopenthixol intra-muscular injection since 29 July 2011...but Garth is still not free.

Garth having committed no offence remains falsely imprisoned by psychiatrists without trial in a forensic facility, contrary to the Rule of Law and provisions under the Mental Health Act 1986 (as amended).

Is this the state of anarchy? Is this a subtle return to that state of repression? Is this eglatarian Australia or a Gulag? You be the judge.

GARTH DANIELS - Questions of Law or State of Anarchy

Judge Marilyn Warren Chief Justice in the Supreme Court of Victoria in her keynote address at the Judicial Conference of Australia Colloquium said, that if lawyers fail to observe their duty to the courts, then they do their clients an injustice.

Quote:"....an officer of the court concerned in the administration of justice[a legal practitioner]has an overriding duty to the court,to the standards of his profession,and to the public... Rondel v Worsley [1969] 1AC 191, 227 Lord Reid".Unquote.

...the lawyers obligation then Judge Warren went on to say, is to apply the rule of law Quote:"...to assist the court in the doing of justice according to law". Unquote.

It must follow on from that without the application of the rule of law there can be no justice... a clients perception of indifference, negligence, laissez-faire... a state of anarchy. And so it seems with psychiatry... the client/patient Garth Daniels... the involuntary detainee who despite the rule of law finds himself in a state of anarchy. Detained in a forensic facility contrary to the rule of law...falsely imprisoned.

Is it simply a state of anarchy... a marked indifference, a laissez-faire? Is it a question of I'm alright it does'nt affect me? Think again!!!!

It does not seem that long ago an infamous politician suggested that lawyers who assist citizens in challenging the State are nothing but "imbeciles" and "charlatans"...we are not sure what he said about psychiatry. However, we must shudder to contemplate such a suggestion yet again for that infamous politician's name was Adolf Hitler.

"For evil to prevail it takes a few good men to do nothing",an adaptation from Edmund Burke

GARTH DANIELS - International Covenant on Civil and Political Rights

GARTH DANIELS - Psychiatry, statistics and lies : Unethical Ethics.

"It is dishonest to pretend that caring coercively for the mentally ill invariably helps him, and that abstaining from such coercion is tantamount to 'withholding treatment' from him. ... All history teaches us to beware of benefactors who deprive their beneficiaries of liberty"- Thomas Szasz Professor of Psychiatry Emeritus...

Philosophy of Liberty(click below)
http://www.youtbe.com/watch?v=AwqGw7YSWU8&feature=uploademail.html

April 2011...at this time of writing Garth Daniels remains in isolation (seclusion) at Thomas Embling Forensic Facility...under circumstances the same as when he was held at the Austin Hospital.

http://www.theage.com.au/news/national/hollow-victory-for-family-in-fight-over-son/2006/08/12/1154803145338.html

Garth Daniels continues to be given a potentially lethal injection, at doses with debilitating effects upon his bodily function... Garth Daniels is still NOT FREE...the injection dose has been increased...