44 in mind that any form of restraint of persons with mental problems, even for a short period of time, may constitute torture and ill-treatment136. Reminiscent of the Law, the current Ordinance should be amended so as to remove the provisions related to the seclusion of persons with mental problems who are being treated in psychiatric institutions. Among other things, it is imperative to eliminate the weaknesses of the existing Law apropos the role of the police in the process of forced hospitalization of persons with mental problems, and especially the role of the police in maintaining order within psychiatric hospitals. During the reporting period, the NPM visited the Special Hospital for Psychiatric Illnesses in Kovin submitting 19 recommendations in the Report on the visit137 to remedy identified deficiencies. The housing facilities at the hospital are in very poor condition i.e. not being sufficiently humanized ��� a large number of patients are not provided minimum privacy. Patients are practically not informed about their rights, superficially familiarized with diagnostic procedures, their illness or treatment whereas individual treatment plans do not contain all of the required elements. Due to the lack of cooperation between other external institutions and hospitals, many issues arise in establishing and protecting the rights of patients. Specifically, competent centers for social work and general hospital departments do not provide required health care services to all patients, while the competent court is far from efficient when deciding on involuntary hospitalization. Also, there are no appropriate mental health services which provide for continuity of care and adequate psycho-social rehabilitation of patients after being released from the Hospital. In comparison with the previous reporting period when 25 recommendations were submitted to the Special Hospital for Psychiatric Illnesses “Sveti vračevi”138, in 2013 this Hospital has acted upon almost all recommendations (all were accepted and 18 implemented). Material conditions, humanization of premises and respecting patients’ privacy have greatly improved. Also, admission procedures to hospitalization and consent to proposed medical measures are largely respected. However, in this Hospital, there are still number of patients having been hospitalized for several years solely for social reasons or more specifically because they have not been provided with an adequate care and support in the community. With an aim of implementing the process of de-institutionalization, ​​a plan for setting up and opening of a new Centre for Mental Health Care in the Community in Kikinda was made, and in which the Hospital doctors themselves will be engaged. GENERAL RECOMMENDATIONS FOR ERADICATION OF DEFICIENCIES With no further delay, take all necessary actions aimed at the rationalization of services in secondary and tertiary psychiatric institutions, focusing on day time hospitals and outpatient treatments and commence activities on the establishment of mental health care services in the community. It is imperative to remove provisions related to seclusion measures from the Law on Protection of Persons with Mental Problems and from the Ordinance on detailed conditions for application of physical restraint and seclusion of persons with mental problems who are being treated in psychiatric institutions. Hospitalization to a psychiatric institution of individuals where there is a reasonable doubt to the relevance of the statement of will or his/her ability to reason is not to be accepted ​​on the basis of the statement or consent to admission to hospital. 136 Report of the Special UN Repporteur on Torture for 2012, UN Doc A / 22/53 (2013). 137 The NPM Report on visit to the Special Hospital for Psychiatric Illnesses Kovin, No. 71-73/13. 138 The NPM Report on visit to the Special Hospital for Psychiatric Illnesses “Sveti Vračevi”, No. 71-30/12.

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