CAT/OP/ROU/1
should resort to the involuntary placement procedure so that patients can benefit
from the legal safeguards in place.
121. The delegation was informed that several patients placed in psychiatric hospitals and
who had been in various institutions for many years could not be discharged as they had no
family and nowhere to go. The Subcommittee is concerned about the lack of intermediate
centres for providing social support pending final discharge from an establishment. As a
result, many patients in psychiatric hospitals are not there to receive treatment, but because
the hospitals to a large extent operate as social welfare centres for persons without
resources or a family to support them. The Subcommittee is of the view that the internment
of individuals without mental impairments in a psychiatric or psychoneurological
institution may amount to inhuman and degrading treatment.
122. The Subcommittee recommends the adoption of measures, such as the
establishment of half-way houses, to ensure that patients do not remain in psychiatric
hospitals for socioeconomic rather than medical reasons. The State party should also
speed up its efforts to establish community-based services for persons with mental
disabilities and with psychosocial disorders to avoid hospitalization. Poverty and the
absence of family support should never be a reason for placement in a psychiatric
hospital. The State party should develop social support services to help long-term
patients reintegrate into society.
2.
Patients admitted by court decision
123. The Penal Code (arts. 109–110) and the Code of Criminal Procedure (arts. 245–248
and 566–572) provide the legal basis and procedures for placement and compulsory
treatment imposed on persons lacking legal capacity. The legislation provides that such
persons can be hospitalized in a psychiatric hospital with security measures by court
decision and on the basis of a medical-forensic examination. The compulsory placement in
a medical facility can be imposed on offenders who are mentally ill, addicted to drugs or
other substances or who suffer from infectious diseases. The duration is undetermined and
can last until recovery. The decision is reviewed every 12 months, on the basis of a
medical-forensic examination.
124. The delegation visited the security psychiatric hospital in Grajduri, where all
patients had been admitted by court decision. The delegation was disturbed by the living
conditions in the institution and the state of desperation of the patients it met. It observed
severe overcrowding in all units of the hospital. At the time of the visit, the hospital had
340 patients in facilities with a capacity for 240. Other major problems include staff
shortages and the lack of activities for patients. There are too few doctors and nurses, only
one psychologist, only one social worker and no occupational therapist. Nurses often have
to cope with a great many patients, which places them at risk. Staff members reported that
it was not uncommon to have only one or two staff in charge of 100 patients. The
delegation observed that, perhaps due to the lack of staff, excessive medication was used to
keep patients under control.
125. The Subcommittee recommends providing the resources necessary to ensure
adequate living conditions in the security psychiatric hospital in Grajduri. Immediate
measures should be taken to alleviate overcrowding and increase the number of health
professionals working with patients detained in such institutions. Health professionals
should be qualified and receive training on international human rights standards,
particularly the Convention on the Rights of Persons with Disabilities. In addition, the
number of psychiatrists, nurses, psychologists, occupational therapists and social
assistants should be increased, multidisciplinary care should be provided to the
patients and rehabilitation, occupational or recreational activities should be proposed.
126. More worryingly, health professionals recognized that patients with all kinds of
psychiatric illness were placed in the security psychiatric hospital in Grajduri, including
persons with intellectual disabilities for whom, according to the professionals, compulsory
placement in such an institution would not be necessary. The delegation was also concerned
to learn that some of the patients who had recovered, according to the medical assessment,
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