In case the resident, including an incapacitated resident, his/her statutory representatives, spouse, relative in the direct line, siblings or a person exercising actual care over the said individual submits a motion to the guardianship court with a request to repeal the restriction, the court passes a ruling after the hearing that should take place not later than within 14 days from the receipt of the request to repeal the restriction. The National Mechanism for the Prevention of Torture has indicated on numerous occasions that the possibility to freely leave the premises of the facility should only be dependent on the physical and mental fitness of a given resident. Therefore, the only criteria taken into account when issuing a decision concerning one’s capability to leave the premises without any supervision should be: the will of the resident and his/her health status. The grounds for rationing the possibility to leave the facility should be doctor’s opinion. The amendment in question entered into force on 4 October 2019 and 1 January 2020, accordingly. 26 PART II – How does the nmpt work?