241/01 Purohit and Moore / Gambia (The)
Summary of Facts
1. The Complainants are mental health advocates, submitting the communication on behalf of patients
detained at Campama, a Psychiatric Unit of the Royal Victoria Hospital, and existing and 'future' mental
health patients detained under the Mental Health Acts of the Republic of The Gambia.
2. The complaint was sent by fax and received at the Secretariat on 7th March 2001.
3. The Complainants allege that legislation governing mental health in The Gambia is outdated.
4. It is alleged that within the Lunatics Detention Act [LDA], the principle instrument governing mental
health) there is no definition of who a lunatic is, and that there are no provisions and requirements
establishing safeguards during the diagnosis, certification and detention of the patient.
5. Further, the Complainants allege that there is overcrowding in the psychiatric unit, no requirement of
consent to treatment or subsequent review of continued treatment.
6. The Complainants also state that there is no independent examination of administration, management
and living conditions within the unit itself.
7. The Complainants also complain that patients detained in the psychiatric unit are not even allowed to
vote.
8. The Complainants notify the African Commission that there is no provision for legal aid and the Act does
not make provision for a patient to seek compensation if his/her rights have been violated.
Complaint
9. The Complainants allege a violation of Articles 2, 3, 5, 7(1)(a) and 7(1)(c), 13(1), 16 and 18(4) of the
African Charter.
Procedure
10. Ms H. Purohit and Mr P. Moore presented the communication and it was received at the Secretariat on
the 7th March 2001.
11. On 14th March 2001, the Secretariat wrote to the Complainants requesting that they furnish the names
of the persons on whose behalf they were acting.
12. On the 4th April 2001, the Secretariat received the names of the persons on whose behalf Purohit and
Moore were acting and it was stated clearly that those persons wished to remain anonymous.
13. At its 29th Ordinary Session from 23rd April to 7th May 2001 in Tripoli, Libya, the African Commission
examined the complaint and decided to be seized of it.
14. On 23rd May 2001, the Secretariat conveyed the above decision to the parties and requested parties to
furnish it with additional information on admissibility in accordance with Article 56 of the African Charter and
forwarded a copy of the text of the complaint to the Respondent State. The Parties were requested to
present their written submissions to the Secretariat within three months of notification of the decision.
15. During the 30th Ordinary Session held from 13th to 27th October 2001 in Banjul, The Gambia, the
African Commission considered the complaint and the rapporteur of the communication addressed
questions to the Representative of the Respondent State. The Representative stated that she was not in a
position to provide satisfactory responses to the questions posed at the time but promised to do so soon
after the 30th Session. The African Commission decided to defer consideration of this communication to the
31st Ordinary Session pending receipt of the Respondent State's submissions.
16. On 9th November 2001, the Secretariat wrote to the Complainants informing them of the decision taken
by the African Commission at its 31st Session and also forwarded them copies of the Respondent State's
submissions that were received at the Secretariat on 11th October 2001. The Complainants were also
reminded to forward exhaustive submissions on the question of admissibility of the complaint within two (2)
months.
17. On 9th November 2001, the Secretariat also forwarded a Note Verbale to the Respondent State
informing it of the decision of the African Commission and reminding them to furnish the African
Commission with responses to the questions raised by the African Commission at its 31st Session within
two (2) months.
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