CAT/OP/ROU/1 combined with the lack of information about their status and the uncertainty about their future, may lead to deterioration of their mental health. 113. The Subcommittee recommends that the State party ensure that migrants accommodated in immigration detention facilities are not locked in their rooms or treated as detainees. 114. The delegation was informed that the centre was relying on residents to provide interpretation for newcomers, both to provide general information 34 and during medical examinations. The Subcommittee is concerned that such practice is in breach of privacy and medical confidentiality standards and violates the principle of neutrality. 115. The centre should not rely on relatives, friends or other residents in the facility to provide interpretation during information sessions and medical examinations, but rather should seek assistance from professional interpretation services. 116. The delegation met two migrants suffering from psychological problems who, despite the presence of a psychologist at the centre, had not been provided with specialized services. 117. The Subcommittee recommends that a full medical and psychological examination undertaken by specialized professionals be provided for all persons suffering from health and mental health problems. Following the examination, migrants should receive the necessary treatment and their health situation should be taken into consideration in any legal procedure for deportation. D. Psychiatric institutions 118. The delegation visited five psychiatric institutions under the Ministry of Health, including institutions for persons whose confinement had been ordered in connection with criminal proceedings, and establishments accommodating patients sanctioned as a result of civil proceedings in addition to those admitted voluntarily. The delegation did not receive allegations of ill-treatment in the institutions visited, but considers that the living conditions prevailing in the security psychiatric hospital in Grajduri amount to cruel and inhumane treatment. The delegation was also disturbed by the living conditions in the psychiatric section of the Emergency Clinical County Hospital of Cluj-Napoca and by the fact that all patients were wearing pyjamas at all times, which is not conducive to improving selfesteem and confidence. 1. Involuntary placement and legal safeguards 119. Involuntary placement in psychiatric facilities is regulated by Law No. 487 of 2002 on mental health (arts. 53–68). It provides important guarantees for patients subject to involuntary placements. In Calarasi, in spite of the fact that patients were not free to leave the hospital at their will, only a few of them had been formally subjected to involuntary placement. The Subcommittee is concerned that this failure to follow the procedure under the law can leave patients without any safeguards against involuntary placement. In addition, it emerged from the consultation of medical files that many patients had not been able to consent to their hospitalization and their treatment and that the relevant forms had been signed by a third party or not signed at all. 120. The purpose of the involuntary placement procedure is to protect patients who are not in a position to provide their consent at the time of hospitalization, or who do not have the capacity for discernment. The Subcommittee recommends that the medical staff systematically seek to obtain the free and informed consent of the patient for both placement and treatment. When such consent cannot be obtained, staff 34 18 The obligations flowing from the right of access to information require the information to be accessible in a format and language the migrant is known to understand and should not be restricted to general information, but enable the individual to understand his or her situation and rights and available options in this regard.