Deputy Head of the Mejlis of the Crimean Tatar people Nariman Dzhelyal, who was illegally detained in the occupied Crimea, was sent for psychiatric examination, despite his refusal, attorney Nikolai Polozov said.
“Just the day before, Nariman Dzhelyal’s attorneys learned that he had been taken out of the Simferopol pretrial detention facility, where he had been held for the last month. As it turned out, he was transferred to the 15th unit of Crimean Republican Psychiatric Hospital No. 1 named after N.I. Balaban. This is the unit where inpatient psychological and psychiatric examination is carried out on persons under investigation who are in custody. Earlier, Nariman Dzhelyal refused to undergo psychiatric examination, since there were no grounds for its appointment,” Polozov wrote on Facebook.
According to him, in accordance with Paragraph 3 of Article 196 of the Criminal Procedure Code of Ukraine, the appointment and conduct of examination are mandatory, when the mental or physical condition of the suspect, the accused raises doubts about his sanity or ability to independently defend his rights and legitimate interests in criminal proceedings.
This term “doubt” is more fully disclosed in Clause 6 of the resolution of the plenum of the Russian Supreme Court of April 7, 2011.
“Circumstances that give rise to such doubts may include, for example, the existence of evidence that a person received psychiatric care in the past, he was diagnosed by doctors with a mental disorder, he was provided with outpatient psychiatric care, he was held in a medical facility providing psychiatric care in inpatient conditions, was declared insane in another criminal case, unfit for military service due to mental health, etc., he was training in an institution for persons with mental retardation, received a head injury in the past, as well as the information about strange actions and statements of the person, indicating the possible presence of a mental disorder, his own statements about painful [psychopathological] experiences,” Polozov said.
The attorney assures that there is no reason to place Dzhelyal in a psychiatric hospital.
At the same time, after it became known about Dzhelyal’s whereabouts, his attorney Emine Avamileva immediately visited him.
Polozov noted that Dzhelyal was taken out of the pretrial detention facility on October 7, and the psychological and psychiatric examination itself will last from 21 to 28 days.
“Nariman’s health is normal. He once again asked to convey words of gratitude for the support. Of course, the defense will appeal against the illegal procedural decision of the investigation to send Nariman Dzhelyal to the psychiatric clinic,” the attorney said.
