Effects of Incarceration on the Human Rights of Forensic Psychiatric Patients in Zimbabwe

Abstract

This study scrutinized the effects of human rights non-compliance for incarcerated forensic psychiatric patients in Zimbabwe. Literature was reviewed on forensic psychiatry patients' rehabilitation systems in special institutions, the benefits of prison detention on forensic psychiatric patients and the human rights compliance of special institutions towards forensic psychiatry patient care. The research design used for the study was an exploratory research design using a case study. The population and sampling included the Zimbabwe Prisons and Correctional Services medical caregivers working with the detained forensic psychiatric patients. Findings and results showed that the Zimbabwe Prison and Correctional Services as mandated by the law is failing to comply with human rights requirements on the management of detained mental health patients. Special institutions lacked basic human rights such as food, water, shelter, health, and clothing for forensic patients let alone the patients’ rights to rehabilitation as a medical requirement. Medical carers brought to the fore lack of psycho tropical drugs, lack of mental health practitioners for mental health assessments, families not visiting inmates, families denying inmates home, communication difficulties with the inmates and special board taking a long time to make assessments as some of the detention challenges in special institutions. The government blames the lack of financial resources on its inability to provide for basic rights resulting in the ill-treatment of patients. Stakeholders from this study largely agree on the need for the reviewing of the Zimbabwe Mental Health Act 1996 No. 15, which is the principal law on the safeguarding of the patient rights. However, the Mental Health Act still emphasizes on the institutionalization of those who are mentally ill. There is consensus on the need for the testing of alternative models of care on the management of forensic psychiatric patients other than detention. Despite the need to protect the patient from self-harm, harm against others and being harmed by others because of mental illness vulnerability, the State through its practice is accused of blowing hot and cold as it protects from abuse and perpetuates abuse through institutionalization. The research discusses the findings in line with the objectives of the study and ends with recommendations for strengthening forensic psychiatric care and support in Zimbabwe from as being presently experienced punitive to a rehabilitative model of care for mental health patients. The recommendations include the reviewing of the Mental Health Act, prioritization on the funding of prisons and employment of more technical staff.