Correctional institutions
2.5
Correctional institutions
2.5.1 Introduction
The NPM made a total of 35 visits in 2017 to observe the conditions under
which persons were held in facilities of the penitentiary system and facilities
for the detention of mentally ill offenders. The main results of these visits can
be divided into ten sections.
The first section presents criticisms of the placement and treatment of persons
who were mentally ill when they committed criminal offences. The second
section covers prison inmates with psychological idiosyncrasies, and the third
section is devoted to the topic of women in prison. The fourth part concerns
health care. The fifth part deals with the right to privacy. Recommendations
regarding psychological supervision for employees in facilities of the
penitentiary system and facilities for the detention of mentally ill offenders
can be found in the sixth chapter. Details regarding the challenges of dealing
with persons who speak different languages can be found in the part entitled
“Access to information”. The deficiencies in living conditions that the NPM
observed are followed by remarks on structural deficits at the facilities visited.
As in past years, the reporting part ends with positive observations.
2.5.2
Summary of
observations
Facilities for the detention of mentally ill offenders and
follow-up care facilities
2.5.2.1 Reform of facilities for the detention of mentally ill offenders
The core area of the NPM’s mandate includes monitoring of the living
conditions of persons who were mentally ill when they committed criminal
offences and were deprived of their liberty for special preventive reasons. The
court may order that “preventive measures” be taken with respect to these
persons – in addition to or in place of the punishment. It depends on whether
said persons could be held accountable for their actions at the time of the
crime.
“Preventive measures” are ordered for an indefinite period of time. They are
to be carried out for as long as their purpose requires. This does not preclude
life-long detention and is precidely why placement of persons in facilities for
the detention of mentally ill offenders is particularly sensitive from a human
rights perspective. Any encroachment on personal freedom may only continue
for as long as “necessary”. One many only be deprived of personal freedom
“if and to the extent that this action is not disproportionate to the purpose of
the measure” (Art. 1 (3) of the Federal Constitutional Act on the Protection of
Personal Liberty ).
Problems from a human
righst point of view
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