JUSTICE FOR ALL
06.
CONCLUSIONS
The analysis delved into the legal pathways
leading to the deprivation of liberty for
individuals with intellectual and/or psychosocial disabilities, revealing substantial
challenges in assessing criminal legal
capacity and criminal responsibility. Access
to justice for defendants and detainees with
these disabilities presented notable issues,
diverging from principles established in the
United Nations Convention on the Rights
of Persons with Disabilities (UNCRPD),
particularly the principle of 'universal legal
capacity.' Several EU Member States link
a denial of criminal legal capacity to disabilities, potentially impacting procedural
rights, criminal proceedings outcomes, and
the imposition of measures, including
security measures, compulsory treatment,
or preventive detention.
Across partner countries, mechanisms for
identifying disabilities pose challenges, characterised by insufficient indicators, inadequate safeguards for early identification, and
concerns about the quality and impartiality
of expert opinions. The scarcity of expert
witnesses compound these challenges. The
medical approach to assessments primarily
focuses on determining criminal legal capacity, neglecting support needs and the
ability to withstand trial pressures. The lack
of adequate mechanisms for early disability
identification may result in the denial of necessary support for equal access to justice,
necessitating a more comprehensive and
inclusive approach.
Examining procedural rights, the research
unveiled a lack of accommodations for
individuals with disabilities during criminal
proceedings, with partner countries failing to
implement relevant international standards,
including those from the European Commission. Provisions outlined in the 2013 Recommendation on procedural safeguards for
vulnerable persons suspected or accused in
criminal proceedings were not implemented
into national law. Ordinary proceedings are
often ill-equipped to respond to the needs
of persons concerned, potentially excluding
them from trials, and trials may be held in
absentia if the person is presumed "unfit
to stand trial." The research advocates for
comprehensive reforms aligning legal practices with the principles of the UNCRPD to
ensure equal access to justice for individuals
with disabilities.
The research explored various paths leading
to the deprivation of liberty of persons with
intellectual and/or psychosocial disabilities
in the six partner countries. All partner
countries permit deprivation of liberty
based on perceived dangerousness linked to
disability, violating UNCRPD principles prohibiting such deprivation. Individuals come
under different regimes and facilities based
on assessments of criminal legal capacity,
dangerousness, and other legal, medical,
and practical considerations, contributing
to a complex and incomparable system.
The research indicated that involuntary/
non-consensual committal to institutions
is legitimised in all countries, often blurring
the lines between medical and security
concerns.
In most partner countries, unlimited and
indefinite deprivation of liberty is possible
under some form of security measure, creating a problematic absence of a concrete
time frame for detention. Facilities may
not offer necessary treatment, leading to
prolonged stays, and individuals may be
transferred between measures without
clear guidelines. Variations in compulsory
medical treatment measures and security
measures were observed, including outpatient options, inpatient confinement, and
specific conditions for enforcement.
The research uncovered multiple concerns
related to the treatment of persons with
intellectual and/or psychosocial disabilities
in places of deprivation of liberty, including
prisons, psychiatric hospitals, preventive
detention, and other institutions for
compulsory treatment. Material detention
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