The detention of people with mental health problems returned to the forefront on Wednesday during Christian’s appeal trial. The 32-year-old man appealed against his internment for five renewable years, within the meaning of article 59 of the Penal Code, a therapeutic measure reserved for people who have committed an offense linked to a serious mental disorder. Christian has been in prison since May 2019 for assaulting a childhood friend while he was sleeping. Convicted of simple bodily harm, home invasion and violence or threats against authorities and officials, he served a 12-month prison sentence.
Two visions were opposed to the Court of Criminal Appeal. For the public prosecutor, the risk of recidivism is high and justifies a therapeutic measure in a prison environment. The defense puts forward the stabilization of Christian’s condition, thanks to a new treatment by monthly injection. She asks the court to order outpatient treatment rather than extend her stay in prison. His request to hear a psychiatric expert on the new elements was refused by the court. Since the last expertise on November 3, Christian’s condition has improved, according to a report from the Prison Service.
He recognizes his illness
“If the court decides to maintain institutional treatment, it is up to the Office for the execution of sentences to decide whether this treatment will be carried out in a home or a penitentiary establishment,” said Judge Pierre-Henri Winzap from the outset. In front of the court, the appellant recognizes his illness and his need for treatment. He has to explain himself about his friend’s assault. “You show up at someone’s house in the middle of the night, you punch him in the face. Why did you do this? It’s special, ”asks the judge. Christian says there was a “girl story”, that he had “heard rumors” and that he was “pissed off at the time”. The judge confronts him with the various treatments that he has “failed”. Immediately after his arrest, Christian had left the hospital where he was placed under Plafa measure (placement for assistance). In prison, he did not take his medication regularly, which led to fits and violent behavior.
“Justice must order a less incisive and more adequate measure than internment” Kathrin Gruber
In a short plea, prosecutor Ximena Manriquez referred the court to the November 3 psychiatric expertise, which recommends institutional treatment. She mentioned the “impressive violence” of the recidivism being investigated. Last August, Christian assaulted a detention officer, who did not file a complaint. “The appellant struggled to admit his illness and adhere to the prescribed treatment. If the current treatment certainly seems to produce positive effects, it is provided in a closed environment, ”said the prosecutor. She also called for the measurement to be carried out “in a suitable closed structure”.
Defense lawyer Kathrin Gruber insisted on the inadequacy of the prison for Christian. After a stay of several months at the Psychiatric Unit of La Croisée, he was placed two weeks ago in the Bois-Mermet penitentiary, with the common law prisoners. “He receives a weekly visit from a psychiatrist but nothing else. He no longer benefits from group therapy, daily care, or educational activities. In view of his detention regime, he does not have access to a job, ”said the lawyer. At the Psychiatric Unit, Christian replaced the tablets he took irregularly with medication by monthly injection, which he tolerates better. “It was not the closed structure that stabilized my client but the taking of medication. This does not require an article 59 ”, she continued.
A suitable home
The only closed care structure is in Geneva. Curabilis receives Vaudois detainees in an extremely limited way and is not suitable for Christian, according to the lawyer. “My client was also shocked by the attack on his friend. He regrets it, he knew how to say it throughout the procedure, ”she again pleaded. The defense said that the detainee’s family found him a place to live in a suitable home where he could receive care. “Justice must order a less incisive and more adequate measure than internment, namely the obligation to follow an outpatient treatment”, she concluded.
The hearing took place in private. Only Christian’s mother, his sister, his stepfather and his curator were able to attend, along with the press. On leaving the court, the detainee’s mother expressed her concern: “The judge asked her to explain what happened during his psychotic delirium. Christian must express himself as if he does not have this mental handicap, it is very difficult for him. ” For his 16-year-old sister, Christian needs care, not jail. About thirty people, including representatives of the Graap (Reception and Psychiatric Action Group), gathered in support in front of the courthouse. They presented the court with a petition with more than 300 signatures, asking for a second chance for Christian. The verdict will be delivered in the coming days.
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