Petition: Human Rights case of 35 Years

The Non-State Actors Reparations Commission (NsARC) of Barbados is a coalition of Human Rights, Civic Society Organisations and individuals. The NsARC is responding to the invitation from iPetition for persons to solicit your assistance in starting a petition in the struggle for justice in cases where persons believe that their Human Rights have been violated. The NsARC wishes to start a petition in support of a 70 year old British born Barbadian who has a 35 years old case which meets the criteria for an iPetition. We are asking the British Home Secretary, the Hon. Theresa May M.P. to bring an end to an outstanding Human Rights Case dating back to 1977.

This British citizen desires to have his Human Rights case brought to an end, with the hope of having the term schizophrenic removed from his reputation. Schizophrenia according to psychiatrists is a mental disease which stays with patients for the rest of their lives. In the United Kingdom (UK) more often than not Schizophrenia is attributed as a mental diagnosis to African Caribbean people in need of Mental Health care. This diagnosis (a stigma) has been and is a hindrance to others appreciating/valuing the contributions of this man.

The case is lodged in the High Court of Justice - Queen’s Bench Division, between Buddy Aaron Larrier –and- Lambeth, Southwark & Lewisham Health Authority (Teaching), reference No: 1981 L No 715.

The facts are as follows; Buddy Larrier was born in Barbados in July 1943 which was at that time a British colony. He arrived in England in November 1963 and worked with London Transport Board as a Bus Conductor and later as a Bus Driver. On 21st May 1977 he had an altercation with his sister in the grounds of Lewisham Hospital in South East London. The police were called. Despite his resistance he was taken into the hospital and sedated by injection. He was then transferred to Bexley Mental Hospital. He had no history of mental illness.

On that occasion he had returned to the hospital to complain for excessive pain following surgery on the little finger of his right hand. He did not recover from sedation until the following day. He was then detained under section 30 of the 1959 Mental Health Act. On 25th May an application was signed for an extension to his detention under section 25 of the act. On 26th May he was informed of the detention. He immediately wrote to the authorities and lodged an appeal

The 1959 Mental Health Act was a law onto itself. It was enacted shortly after the Notting Hill Gate Race Riots of 1958. It allowed for persons to be compulsory detained and given treatment against their will. And for the first time in British History this act gave the Home Secretary authority to send British born persons back to their place of birth. Under section 25 of the act a person could be detained for up to 28 days. While on this section before the detention order expires, the hospital authority could use the same procedure to extend the stay for up to one year. To do this section 26 of the Act was then used.

Against his will drugs were administered to him. He challenged the doctors and their diagnosis of him. He gained his release one week before the detention order was due to expire. The doctor’s diagnosis of him and the stigma of his detention cost him the job with London Transport and the loss of his public service vehicle (PSV) licence. Later the operation on his hand was adjudged by a medical consultant to have been ill-advised, unnecessary and unsuccessful. Basically it was experimentation.

Our understanding of the Universal Declarations of Human Rights is that such treatment is a violation of persons Human Rights.

The violation of Mr. Larrier’s Human Rights awakened him to the wider struggle for social justice. The National Association for Mental Health (MIND) took an interest in his complaint and so too did the Media House Independent Television (ITV). Two documentaries on Mental Health and injustices were made based on his experience. Both were made by ITV; the first entitled “Patients or Prisoners” was broadcast in February 1978 and the second, Skin-Racism and Mental Health in June 1981. These documentaries contributed significantly to the change from the 1959 Mental Health Act to the 1983 Act. They also motivated Mr. Larrier to research further the Mental Health Laws of Britain. His research revealed that racial prejudices and discrimination significantly contributed to his experience and treatment. In 1978 he started litigation against the Health Authority of Lambeth, Southwark and Lewisham for violating his Human Rights.

Over the years three firms of solicitors were engaged at different stages to pursue Mr. Larrier’s case against the health authority, first was; Osmond Gaunt & Rose – Solicitors and Privy Council Agents, secondly Lewis Silkin & Partners – Solicitors and Commissioners for Oaths and thirdly Hallmark Atkinson Wynter. The last hearing of the case (early 1990s) was on time limitation. The judge’s ruling was that the case was not restricted by time limitation because of its Human Rights dimension. His efforts to get the case concluded were to no avail.

Due to his experience Mr. Larrier has dedicated his life to Human Rights by the study of History, Racism and Mental Health. His dedication led to him becoming a community activist and an advocate in the struggle for Human Rights and Social Justice within Mental Health Organisations. He has been involved at all levels. In 1987 as a member the Management Board of MIND he was a delegate to the World Conference on Mental Health in Cairo, Egypt, at which he presented a paper entitled “What Role Does Racism Play In Psychiatry”?

In January 1990 he found the ‘Universal Day of Hope Trust’, a Human Rights and Social Justice Charitable organisation. He drew up a proposal for an International Day for truth, justice, peace, healing and reconciliation with a 10 years programme of activities to commemorate the 500th anniversary of Human Rights violations in the Caribbean, Columbus’ arrival. The proposal was sent to over 150 Heads of Governments, also to key International Organisations and individuals.

In March 1990 the World Council of Churches (Justice, Peace and Integrity of Creation Committee) made covenants to confess and repent for their complicity in racism and for a World Day of prayer on racism. In December 1993 the United Nations General Assembly established the Office of the Commission for Human Rights. Since then 10th December is celebrated annually as Human Rights Day.

When in 1994 Mr. Larrier fell victim to blatant social control for the second time it became clear to him that Human Rights violations had linkages between the police, court, prison and mental institutions. On this occasion he was charged, tried and convicted for receiving and depositing a third party cheque (as investment in his peace programme) into the charity’s account. The conviction was virtually made certain when the judge misled the jury. The judge ordered a psychiatric report on him and then imposed a prison sentence. He was detained at one of Britain’s top security prisons - Belmarsh. While there he had cause to lodged a complaint against the authorities on 11 counts of Human Rights violations which he experienced.

He became fearful for his life after being warning by prisoners serving long term sentences that his life might be in danger. He was not informed of his release date until the day before he was released. On release he returned to Barbados. Since 1994 no further action has been taken on the case.

Therefore, the NsARC is asking the assistance of iPetition in this matter. A successful petition will help de-stigmatise mental illness. It will also help in better understanding of cultural differences, leading to better race relations.