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safeguards during placement
53.
An introductory brochure setting out the establishment's routine and patients' rights
should be issued to each patient on admission, as well as to their families. Any patients unable to
understand this brochure should receive appropriate assistance.
Further, as in any place of deprivation of liberty, an effective complaints procedure is
a basic safeguard against ill-treatment in psychiatric establishments. Specific arrangements
should exist enabling patients to lodge formal complaints with a clearly-designated body, and to
communicate on a confidential basis with an appropriate authority outside the establishment.
54.
The maintenance of contact with the outside world is essential, not only for the
prevention of ill-treatment but also from a therapeutic standpoint.
Patients should be able to send and receive correspondence, to have access to the
telephone, and to receive visits from their family and friends. Confidential access to a lawyer
should also be guaranteed.
55.
The CPT also attaches considerable importance to psychiatric establishments being
visited on a regular basis by an independent outside body (eg. a judge or supervisory committee)
which is responsible for the inspection of patients' care. This body should be authorised, in
particular, to talk privately with patients, receive directly any complaints which they might have
and make any necessary recommendations.
discharge
56.
Involuntary placement in a psychiatric establishment should cease as soon as it is no
longer required by the patient's mental state. Consequently, the need for such a placement should
be reviewed at regular intervals.
When involuntary placement is for a specified period, renewable in the light of
psychiatric evidence, such a review will flow from the very terms of the placement. However,
involuntary placement might be for an unspecified period, especially in the case of persons who
have been compulsorily admitted to a psychiatric establishment pursuant to criminal proceedings
and who are considered to be dangerous. If the period of involuntary placement is unspecified,
there should be an automatic review at regular intervals of the need to continue the placement.
In addition, the patient himself should be able to request at reasonable intervals that
the necessity for placement be considered by a judicial authority.
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