IMPLEMENTATION UNDER NATIONAL LAW
as they are now, determinations on which
option is the least damaging to detainees are
difficult to render, and decisions might best
be made on an individual and case-by-case
basis, depending on the needs of the person
concerned and the available options in a
particular country or region.
In many places of detention in the six partner
countries, material detention conditions and
overcrowding of facilities, as well as a lack of
specialised staff (medical staff, psychologists,
psychiatrists) negatively impact the availability
and quality of treatment. In addition, the
research has found practices with regard to
isolation, restraint measures, overuse of medication and non-consensual treatment are not
compliant with international standards.
The following recommendations apply to all
facilities where persons with intellectual and/
or psychosocials disabilities are deprived of
liberty, including prisons, (forensic) psychiatric
hospitals and other institutions for compulsory treatment.
Conditions of detention for persons with
intellectual and/or psychosocial disabilities
• Ensure that conditions of detention are
adapted to the specific needs of persons
with intellectual and/or psychosocial
disabilities and, generally, are in line with
international human rights standards, in
particular with the UNCRPD.
• Take measures to decongest overcrowded
facilities, where possible, through the
application of non-custodial measures and
outpatient treatment, which are tailored
to the specific needs of persons with
intellectual and/or psychosocial disabilities.
• Ensure that adequate support and accommodations (physical, informational,
attitudinal, medical, and other) are available
and accessible in all facilities where persons with intellectual and/or psychosocial
disabilities are detained.
• Facilitate cooperation with CSOs and other
extramural services to ensure that detainees with intellectual and/or psychosocial
72
disabilities have access to social and legal
support, treatment and care.
• Abolish the use of solitary confinement,
seclusion, isolation, which may amount
to torture or cruel, inhuman or degrading
treatment or punishment. Isolation should
never be used as a punishment and must
be limited to the shortest period possible.
• Limit the application of restraint measures,
in line with international human rights
standards, and, when unavoidable, ensure
adequate documentation of any use of
restraining measures.
• Ensure the availability and accessibility of
suitable purposeful activities for detainees
with intellectual and/or psychosocial disabilities with a view to facilitating social
reintegration.
• Ensure the availability of privileges and
relaxations of the regime to provide
opportunities in order to prepare persons
for their release with a view to facilitating
social reintegration.
• Ensure adequate numbers of specialised
staff (medical staff, psychologists, psychiatrists) in all facilities that detain persons
with intellectual and/or psychosocial
disabilities, as well as mandatory training
for prison staff and other institutional staff
interacting with persons with intellectual
and/or psychosocial disabilities deprived
of liberty.
• Ensure cooperation with international
and national monitoring bodies to
facilitate oversight and work towards a
harmonisation of standards for persons
with intellectual and/or psychosocial
disabilities.
• Provide detainees with intellectual and/
or psychosocial disabilities with the
opportunity to share their experiences
(e.g., by developing a “living library”, where
they can report and write about personal
experiences during their deprivation of
liberty, if they are able to).
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