Tag: mentalhealth

Date: Wednesday, October 9, 2019 Type: Human rights violation Original: English Consent: The nature of the allegation is such that consent cannot be obtained, e.g. the victim(s) is/are dead or has/have been subject to an enforced disappearance

Related mandates

• arbitrary Detention

• freedom of opinion and expression

• health

• disability

• women and girls

Victims

Name: Britney Spears Type: Individual Sex: Female Date of birth: 02/12/1981 Victim is a child (under 18 years of age)? No Nationality: United States of America Address:

Thousand Oaks, Los Angeles, USA Ethnic, religious, social or other background: Entertainment Industry Occupation: American singer-songwriter Other status: Person with disability, Other, Bisexual (Woman and Under Conservatorship/Guardianship)

Submitted by

Name: Everyday Psych Victims Project, MCLP, AASGAA and Supporters of Britney Spears Type: Group

Describe the activities of the group/community, civil society or other entity:

Everyday Psych Victims Project represents victims of the mental health field for their empowerment, civil and human rights, equality, and fighting against their discrimination and harms. They give victims a voice.

Medical Civil Liberties Project is organizing to protect the civil rights of people labeled with or accused of mental illness.

The Australian Association to Stop Guardianship & Administration Abuse (AASGAA) is a formal association representing victims of the Australian Guardianship System.

Supporters have demonstrated and held protests outside of Britney Spears hearings on her conservatorship, and her forced mental health arbitrary detention, at the Stanley Mosk Courthouse in Los Angeles, California, USA and in West Hollywood, California, USA.

Supporters have campaigned for Britney Spears’ freedom, rights, autonomy, and equality by digital campaigns, distributing flyers, online advertisements, reporting fiduciary licenses, petitions, and doing interviews with the press. Supporters have successfully made it a mainstream issue in the media, such as Los Angeles Magazine, Daily Mail, and LA Times. Supporters gather public court documents and inform people of the case.

Supporters gained awareness with entertainment professionals and even lawyers, such as the group called “Lawyers for Britney.”

However, we have been unable to get the ACLU or mainstream civil or human rights organizations to view it as a civil rights issue.

Contact persons of the group/community, civil society or other entity:

—– (deleted) —–

Disclosure

Does the alleged victim(s) or group/community agree to have their name(s) disclosed in a letter that may be sent to the Government, or others, such as intergovernmental organisations including United Nations entities, businesses, military or security companies?

Yes – The organizations and supporters (the group/community) for Britney Spears’ release from arbitrary detention, human rights violation, and her conservatorship may be named.

Does the alleged victim(s) agree to have their name(s) appear in a public report to the Human Rights Council?

No – No consent from the victim has been provided or able to be obtained for a public report to the council. Supporters are unable to directly speak to or represent Britney Spears, and she is unable to freely associate herself or sign petitions.

Please confirm that the victim, or the victim’s family, or the victim’s legal representative is in agreement that the case can be dealt with through the regular procedure of the Working Group

No

The identity and the details of the victim’s case can be communicated to the Government concerned

Yes

The identity of the victim can be published in the communications report to the UN Human Rights Council

Yes

Case details

Country where the incident allegedly occured/is occuring/might occur: United States of America District: California, Louisiana, Florida, and Hawaii

Please provide a short chronological summary of the incident: what happened; when (date/time); who was involved?

Britney Jean Spears of Los Angeles County, CA has been under a conservatorship (or legal guardianship) from February, 2008 to present.

Britney Spears was not informed of a conservatorship hearing when she was held in 2008 in a Los Angeles hospital. This goes against Article 14 of International Covenant on Civil and Political Rights on being informed of charges, to attend the trial, and to choose her own lawyers.

Public scrutiny started when an online podcast, Britney’s Gram, received a voicemail from a paralegal insider that Britney Spears was held in a mental health facility against her will by her father, James, when she decided to no longer take medications, which goes against Article 12 of a coercive contract and arbitrary detention of Article 9. She has no self-determination (Article 1).

Supporters state she is unable to have control over her money, travel, assets, personhood, and estate. She is required to have people accompany her at all times, cannot vote, asks permission to use a car, monitored cell phone use, and gets a weekly allowance despite getting millions from her work. This goes against Article 1, Article 12, Article 17, Article 19, and Article 25 of the CCPR.

She canceled her show Domination due to her arbitrary detention, which goes against Covenant on Economic, Social and Cultural Rights Article 1 and Article 6 of the right to work. Article 22, she is unable to associate with others without permission. Article 23, she is unable to marry without permission.

She lacks control of money with prevents her access as a woman to financial credit, which is against Article 13 of the Elimination of All Forms of Discrimination Against Women. She could not have access to her children without James as a monitor (Article 16).

Britney Spears has repeatedly tried to overturn her conservatorship. Between 2008 and 2018, several “order to show cause” hearings were scheduled and then inexplicably cancelled.

Are there witnesses to the incident? Don’t know

Is there evidence or substantiating information concerning the incident? Don’t know

Does the alleged victim believe she/he was targeted due to her/his Belonging to a specific group, LGBTI, Other status, affiliation or background, Property status, Sex, Social origin

Britney Spears is unable to control her financial or personal decisions. In an interview, she stated that “since her breakdown, her life has been worse than jail… it’s just like Groundhog Day.”

Many male entertainment professionals have acted out or even been accused of crimes, however, they still have access to control over their finances and are not under a conservatorship, which leads to the suspicion that this is a double standard based off of sex. Her father, James, was put in charge as conservator, and her mother Lynne Spears has so far been unable to become the conservator despite using lawyers.

She is in the entertainment industry, which leads to further scrutiny. Tabloids and paparazzi prefer self-destruction, rather than investigative reporting or hard news. This affiliation with this industry makes her unable to obtain serious representation or equal standards, by the public, organizations, legal system, and the media.

Her property status is a net worth of $59 million, but she only can spend a weekly allowance. $400,000 per year is spent on her expenses, while $1.1 million goes to conservatorship fees. One third of her annual income goes to the conservatorship.

In 2008, was given a $1500-per-week debit-card allowance by a Los Angeles judge. She was named the highest paid celebrity in 2002 and 2012 by Forbes. Numerous business entities have been formed under her name, without her control over them or her financial benefit. If she did not have a high income or assets, it’s possible that she would not be under a conservatorship/guardianship.

Britney Spears is often supported by LGBTI groups and has bisexual music videos, which makes her a part of this specific group. When supporters first started the “Free Britney” movement, there were derogatory comments made about these activists as being a part of this group.

Has the incident been reported to the relevant authorities? Yes

Please include details of any complaints filed or any other action taken by the alleged victim(s) or anyone else on their behalf?

Britney Spears told Judge Brenda Penny in May 2019 that she was put into a facility against her will and wanted to remove the conservatorship. An “expert evaluation” of the conservatorship was requested and a 730 evaluation, however, the dates of the evaluation are extended. Lynne Spears has attorneys who are trying to relinquish control of the conservatorship from ex-husband James Spears.

Previous court appointed lawyers and Britney Spears herself were unable to free her from her conservatorship status.

A paralegal in April whistleblowed to a podcast, Britney’s Gram, stating that she was held against her will despite outside reports for no longer taking medications. However, it is unknown if he was able to file any complaints or if there would be any procedure to file exploitation complaints. Lawyers for Britney seem unable to legally help Britney Spears. Britney Spears is unable to hire her own lawyers.

Supporters recently filed fiduciary license complaints about temporary conservator Jodi Montgomery, who is listed on a few other abuse cases – including for profitable gain over her clients, such as Ms. Jankowski – and insurance fraud cases, to the state of California online.

Coworkers and entertainment professionals have voiced support of Britney Spears becoming free, but it is unknown if they have taken civil or official action to free her besides public awareness.

Has the Government taken action to prevent or investigate the incident, punish the perpetrators, or ensure compensation to the alleged victim(s)? No

Is this case under consideration by any other international or regional body? Don’t know

arbitrary Detention

Date of arrest

01/01/2019

Approximate date?

Yes

Place of arrest

Los Angeles, California

Not known

No

What reasons were given for the arrest?

Not Known.

Not known?

Yes

What was the legal basis for the arrest?

Yes.

Not known

No

Date of detention arrest

01/01/2019

Approximate date

Yes

Duration of the detention

3 months

Not known / approximate

No

Place(s) of detention (indicate any transfer and the current place of detention)

Bridges to Recovery, Holmby Hills, Los Angeles

Not known

No

Reasons given for the detention

Possibly conservatorship, not taking medications, involuntary hold

Not known

No

Legal basis for the detention

Conservatorship, 51/50 laws, involuntary holds

Not known

No

What are the reasons why you believe the deprivation of liberty is arbitrary?

For 11 years, Britney Spears has been unable to leave or repeal her conservatorship. She lacks control over her money, travel, assets, and decisions. Her father and conservator, James Spears, has confined her involuntarily into mental health facilities and forced medications against her will, such as for 3 months from January to April. Since she is under legal guardianship, she cannot sign her own paperwork or contracts without her conservator. She told a judge that she was put into this facility involuntarily and did not want to be under a conservatorship. The public was unable to know where Britney Spears was for months, or what facility she was in, and the media incorrectly publicized that it was voluntary. Unable to know what is happening, the public could not help, nor is there any judicial or legal process for exploitation in this system. She is unable to legally sign contracts under guardianship, meaning she could not have checked herself into the facility on her own. There further is no process in mainstream civil or human rights procedures aside from disability law.

Are the reasons for the deprivation of liberty authorized by the law?

Yes

If yes, please elaborate

She can be held on involuntary 5152s in mental health facilities and hospitals according to California law, and her conservatorship was legally spread to several states in the USA, including Louisiana, Florida, and Hawaii. Her conservator or fiduciary can legally have control over her finances and estate, her personhood, travel, phone, and car. Her food, communication, and travel can be dictated and her assets removed from her control, including by facilities and her conservators. A newly passed law in California, called SB40, was signed by Governor Newsom in October 2019. This law allows people to be put into conservatorships for addictions. However, there was no law passed for this in 2008, when Britney Spears was first put into a conservatorship temporarily, then permanently. “Lawyers for Britney” is a group which provided food to protestors on September 18. They are unable to legally help Britney Spears, and in the system, it could be indefinite to legally hold someone or her under a conservatorship. In California, these are the laws which can be enacted, other than conservatorship power, such as by James Spears or Jodi Montgomery, over the personhood and estate, and involuntary decisions by the mental health department. CACI 4002 (“Gravely Disabled”) and CACI 4011 (History of Disorder Relevant to the Determination of Grave Disability). An additional 30 days of hospitalization following the 14-day period if the person remains gravely disabled and requires further intensive treatment (Welf. & Inst. Code, §§ 5270.15, 5270.35). Britney Spears has been called “gravely disabled” which claims she cannot provide herself food, clothing, shelter, or control her life, despite earning millions of dollars, releasing 4 albums, and world tours.

Are the reasons for the deprivation of liberty linked to the exercise by the victim of her/his human rights or fundamental freedoms?

Yes

If yes, please elaborate

Speech, actions, expressions, financial control, voting, travel, and interests, also, for wanting to not take medications. She was unable to vote freely or to freely associate without first obtaining permission. According to Britney Spears, she “loves freedom, independence, autonomy, and to travel, yet is insecure.” She has previously referred to her life as “Groundhog Day” and a “Prisoner-like life,” which could refer to waking up in mental health facilities with a controlled lifestyle. She has had addictions, but when she wanted to stop taking medications and to have her Las Vegas show at the Planet Hollywood, she was unable to do so without coercion and detention.

If applicable, do you know if the right to a fair trial has been respected? (for example : the right to defend yourself and the right to legal assistance; the right to be presumed innocent until proven guilty according to law; the right to a fair and public hearing by a competent, independent and impartial tribunal established by law; the right when charged with a criminal offence to be informed of the nature and cause of criminal charges brought against them; etc.)

Yes

If yes please elaborate

A right to a fair trial, right to defend herself, right to legal assistance, the right to be presumed innocent before guilty, and the right to be informed of the nature and cause to be brought before her was not respected. Britney Spears is unable to hire her own attorneys due to being deemed incapable, denied having a jury trial on the conservatorship, and is often denied or discouraged to speak or be present at her own hearings. On January 31, 2008, her father James Spears petitioned the court to not inform Britney of the initial conservatorship hearing while she was involuntarily held in UCLA Medical Center, a Los Angeles hospital. Without being informed, she could not refute her conservatorship. Her conservators recently tried to petition closing public hearing dates, although the public is unable to watch the hearings, and Judge Brenda Penny denied the request. In the mental health system, she is unable to have her mental health records expunged, and her father has the legal right as conservator to check her into facilities or coerce medications without her consent. She cannot sign contracts or hire her own employees without permission. Although her alleged incidents were 11 years ago, she is unable to have a clean slate. She is effectively with a worse sentence under a conservatorship than she would have with fines or probation in criminal law, if she had been charged with any crimes. The conservatorship was supposed to only be temporary. She is unable to get civil or human rights groups to provide legal assistance.

In the case of an asylum seeker, migrant or refugee who has been subjected to prolonged administrative detention, was she/he was guaranteed the possibility of administrative or judicial review of the detention, or remedy?

No

Can you indicate if complaints were made to the administrative or judicial authorities, or remedies sought with respect to this particular case ?

Yes

Do you know what were their results?

Yes

If yes please elaborate

Lynne Spears has tried to take away the conservatorship from James Spears. She was denied in court. Britney Spears has repeatedly filed to overturn the conservatorship, to be denied in court for 11 years. The petition to seal further hearings from the public was denied by Judge Brenda Penny. A 730 evaluation was requested to show cause and to evaluate the conservatorship.

freedom of opinion and expression

Please indicate any views, affiliations, past or present participation in political, social, ethnic or labour group/activity.

In 2002 and 2012, she was named by Forbes as the most highly paid celebrity in the world. Britney Spears has done songwriting and singing about wanting freedom and autonomy, such as: Overprotected, My Prerogative, Piece of Me, Stronger, I Wanna Go. Showing symbolism in music videos such as in “Work B—.” She has had world tours and a Las Vegas show residency. However, this is vicarious living. She has been unable to freely or officially show support for political representatives, such as Hillary Clinton, according to supporters, due to her conservatorship.

Please indicate the nature of the medium affected (newspaper, independent radio, etc.), including circulation and frequency of publication or broadcasting, public performances, etc, as well as the political orientation of the medium, if relevant.

Her music creation has stopped, and she was prevented from having her Domination Las Vegas show residency when she was arbitrarily detained for 3 months in a mental health facility at the request of her conservator, James Spears. A recent article from Metro UK claimed she may be out of the singing career for 10 years according to sources to regain her autonomy.

If the incident involves restrictions on a medium (e.g. censorship, closure of a news organ, banning of a book, etc.); please indicate the identity of the authority involved (individual and/or ministry and/or department), the legal statute invoked, and steps taken to seek domestic remedy.

She is in the entertainment industry and Hollywood, and was prevented from speaking about her conservatorship in an interview in 2016 on the Jonathon Ross Show. There is no domestic remedy for censorship in interviews or shows. Recently, light on her conservatorship restricting her financial and personal decisions was reported about in the mainstream media through activists working for change. Although Britney Spears told the court that she was put into a facility against her will, she often appears to be unable to publicly announce without metaphors or symbolism that she wants out of her conservatorship. Coworkers or former employees for Britney Spears confirm that there must be symbolism in her art and music videos about her wish to be free from her restrictions.

If the incident involves arrest of an individual or individuals, the identity of the authority involved (individual and/or ministry and/or department), the legal statute invoked, location of detention if known, information on provision of access to legal counsel and family members, steps taken to seek domestic remedy or clarification of person’s situation and status.

In California, these are the laws which can be enacted, other than conservatorship power, such as by James Spears or Jodi Montgomery, over the personhood and estate, and involuntary decisions by the mental health department. CACI 4002 (“Gravely Disabled”) and CACI 4011 (History of Disorder Relevant to the Determination of Grave Disability) An additional 30 days of hospitalization following the 14-day period if the person remains gravely disabled and requires further intensive treatment (Welf. & Inst. Code, §§ 5270.15, 5270.35). The LPS involuntary commitment statutes also set out who may detain a person (Welf. & Inst. Code, §§ 5150, 5200), who may release a person (Welf. & Inst. Code, §§ 5152, 5257, 5270.35), notice (Welf. & Inst. Code, §§ 5208, 5253), hearings (Welf. & Inst. Code, §§ 5254, 5256, 5275, 5303), other rights of the detained person (Welf. & Inst. Code, § 5255, 5302, 5325), liability for the person’s actions upon release (Welf. & Inst. Code, § 5154), and outpatient status (Welf. & Inst. Code, § 5305). 5152. The 5152 is the admission, observe, and treatment for starting a 72 hour psychiatric hold. This is the actual hold. It can be initiated by LPS staff. A 5152 can be released only by a psychiatrist or psychologist. A 730 evaluation or “expert evaluation” to show cause for the conservatorship was requested in 2019.

Perpetrators

Please specify the number of alleged perpetrators: 11

Is the identity/occupation of the alleged perpetrator(s) known? Yes

People involved in Britney Spears conservatorship:

Conservator person & estate: James Spears

Co conservator estate: Andrew Wallet (resigned in March 2019)

Temporary conservator of the person: Jodi P Montgomery

Judges: Reva Goetz, Aviva K Bobb and Brenda J Penny

Doctors: James Spar, Stephen Marmer, David Trader

There is also the state, which is by the Los Angeles Court and States of California, Louisiana, Florida, and Hawaii, but most filings happen in the State of California.

Were the alleged perpetrators State agents or believed to be State agents? Yes

Andrew Wallet is a licensed attorney and likely has a fiduciary license, Jodi Montgomery is a licensed fiduciary, the judges have law licenses, and the doctors have medical licenses. They are licensed by the state of California.

If the alleged perpetrators were State agents, were they acting in their official capacity? Yes

Yes, they were granted permission by the court after petitions were put into place or were court appointed.

Name: James Spears Type: Individual Sex: Male Date of birth: 06/07/1952 Perpetrator is a child (0 – 18 years of age)? No Nationality: United States of America Address:

Ventura County, California, USA Occupation: Conservator

Name: Andrew Wallet Type: Individual Sex: Male Perpetrator is a child (0 – 18 years of age)? No Email: andrew@walletlaw.com Telephone: 18059877198 Address:

2551 La Sierra Court Camarillo, CA 93012 Occupation: Attorney, Trustee, Administrator, Conservator

Name: Jodi Montgomery Type: Individual Sex: Female Perpetrator is a child (0 – 18 years of age)? No Nationality: United States of America Email: inquiries@paismontgomery.com Telephone: 626-398-2090 Address:

1443 E. Washington Blvd – #644

Pasadena, CA 91104 Occupation: Fiduciary

Name: Los Angeles County Court and State Type: Group Telephone: (213) 830-0800 Address:

Stanley Mosk Courthouse, 111 N Hill St, Los Angeles, CA 90012

Description of the group/community (including, if relevant, number of members; number of women, men, girls and boys; indicate the group/community leader(s); other facts):

Los Angeles County Court has not dissolved or properly investigated the conservatorship. They have court appointed judges, investigators, and lawyers.

Judges: Reva Goetz, Aviva K Bobb and Brenda J Penny

Describe the activities of the group/community, civil society or other entity:

State government, court, judges, lawyers, and appointed investigators.

Occupation of group/community members: Judges, court appointed investigators, lawyers

Members: Brenda Penny (United States of America), Reva Goetz (United States of America), Aviva Bobb (United States of America)

Name: Doctors Type: Group

Description of the group/community (including, if relevant, number of members; number of women, men, girls and boys; indicate the group/community leader(s); other facts):

Doctors involved in Britney Spears case: James Spar, Stephen Marmer, David Trader

Describe the activities of the group/community, civil society or other entity:

Involved in evaluating and treatment of Britney Spears, as well as likely consulting the court on her ability for financial or personal decision control.

Occupation of group/community members: Doctors

Members: James Spar (United States of America), Stephen Marmer (United States of America), David Trader (United States of America)

Additional Comments or Information:

The court ordered a Court Investigator’s report for January 22, 2020 during a September 23, 2019 last minute order. A capacity declaration was a part of the order to grant the initial conservatorship. On September 9, when Jodi Montgomery was granted temporary conservatorship, a petition was filed “to register the Orders appointing Mr. Spears as Conservator of the Person and Estate, as well as his Letters of Conservatorship, with states outside of California, in accordance with each of the states’ required procedures.”

The states are Alabama, Arizona, District of Columbia, Georgia, Massachusetts, Michigan, Mississippi, Tennessee, Virginia.