MAASTRICHT - Mondriaan mental health institution jeopardizes the right to a fair trial for Thijs H. and allegedly violates medical confidentiality. Mondriaan is thus possibly acting criminally. That is the claim of lawyers Job Knoester and Serge Weening who are representing on appeal the man who was sentenced by the court in Maastricht in July for three murders to 18 years in prison and tbs with compulsory treatment.
During the hearing of the criminal case, a psychiatrist from the Pieter Baan Center expressed strong criticism of Mondriaan, which, according to him, had dropped stitches in the treatment of Thijs H. For example, according to the psychiatrist, the psychosis in which Thijs H. had ended up was not noticed.
Mondrian reacted as if stung by a wasp, rejecting the criticism and even threatening legal action if the PBC publicly criticized again.
Pressured
According to counselors Knoester and Weening, this threat means an infringement of Thijs H.'s right to a fair trial. "Not only investigators of the Pieter Baan Center are put under pressure this way, but also any new investigators. While the substantive hearing of the appeal has yet to begin." Behavioral experts should feel free to report their findings and criticize without fear of legal consequences, according to Knoester and Weening, who urge Mondrian to refrain from such threats.
Medical confidentiality
In addition, Mondrian allegedly violated medical confidentiality "by speaking openly about a (former) patient's case on his back." According to the lawyers, this is "inadmissible, disciplinary and possibly even criminally culpable." Knoester accuses Mondriaan of "not being neutral" while that should be expected of a treatment institution.
Mondriaan can still expect criticism during the appeal case. Thijs H.'s lawyers, like the PBC psychiatrist, believe that the institution has made serious mistakes in its treatment.
'Unsubstantiated criticism'
Mondriaan spokeswoman Veronique Leunissen refers to a statement the mental health institution published on its website Nov. 16. "We have nothing to add to that."
Mondrian said in that statement that the Pieter Baan Center provided "unsubstantiated public" criticism during the trial, without any adversarial process. "That goes against the accepted professional standard and damaged our good name," it said. The institution posted the statement on its site "because Mondriaan cannot defend itself in court and the media because we are not a party to the criminal case and because we have to deal with medical confidentiality."
