The Helsinki Foundation for Human Rights stood up for Hanna Rozanska – a woman directed for psychiatric examinations at a closed ward. The Foundation’s lawyers lodged a complaint to the Constitutional Tribunal against the imprecise regulations of the Code of Penal Proceedings. (08-APR-06)

written by Marta Lempicka/HRH Warsaw

While attempting to divorce her husband Hanna Rozanska was accused of committing the crime of inducing false testimony. The court directed her for examinations by an expert psychiatrist. The examination was performed by expert Wlodzimierz Cierpko (a controversial figure among experts), who after a brief examination recommended performing psychiatric observation at a specialized institution due to the inability to clearly affirm or rule out the illness by means of outpatient examinations. Based on this opinion the District Court in Poznan issued a ruling, which directed Hanna Rozanska for 6-week-long observations at a specialized institution. The Provincial Court in Poznan upheld the abovementioned ruling despite the defendant’s accusations that the examinations were performed by one expert, whereas there were two signatures under the opinion. 

The Helsinki Foundation for Human Rights decided to handle the case. On 20 March 2006, the Foundation’s lawyers lodged a complaint to the Constitutional Tribunal, in which they appealed against the imprecise regulation of the Code of Penal Proceedings that allows a defendant to be directed for psychiatric observations. This regulation allows for psychiatric observations to be performed at closed psychiatric institutions regardless of the type of case and its significance. In practice this amounts to a situation where individuals accused of insult and slander are directed for psychiatric examinations just as those accused of committing the most serious crimes. The complaint also indicates a lack of regulations concerning the work done by expert psychiatrists as well as their qualifications. A motion to defer the execution of the court’s ruling was submitted along with the complaint. On 28 March the Constitutional Tribunal deferred the execution of this ruling. Until the complaint is considered, Hanna Rozanska will not undergo an examination at the closed psychiatric institution.