http://www.nytimes.com/2006/06/27/opinion/l27gitmo.html?_r=1&oref=slogin

To the Editor:
Eric Posner cites legal examples of civil detentions, like involuntary
hospitalization of mentally ill individuals, to argue that legal criticisms
of the Guantánamo detentions rest on a half-truth.
It is true that people with psychiatric disorders can be legally detained
without a jury trial if they appear dangerous to themselves or others.
In New York State, however, involuntary psychiatric patients are allowed
telephone calls, visitors and unfettered access to lawyers provided by the
Office of Mental Health. Involuntary hospitalizations are time-limited and
regularly reviewed.
Also, in contrast to Guantánamo, the burden of proving a patient's
dangerousness ultimately falls upon the psychiatrist requesting civil
commitment. Judges rarely rubber-stamp psychiatrists' decisions.
Unlike Guantánamo detainees, the hospitalized mentally ill are offered many
civil rights protections during their legal detention. Mr. Posner's analogy
rests on a narrow parsing of law and principle.
Jack Drescher, M.D.
New York, June 25, 2006

The writer is a past president of the New York County District Branch,
American Psychiatric Association.


"People Who experience mood swings, fear, voices and visions"