JUSTICE FOR ALL
frequently prohibited from having contact
with relatives on the outside, as well as with
other detainees.236 In the framework of the
consultation workshops, it was reported from
experts that in the Czech Republic, patients
are not able to leave their cells and are not
allowed to leave the premises or get fresh air
while in forensic treatment.
2.6.5. PURPOSEFUL ACTIVITIES,
PRIVACY AND PRIVILEGES
Isolation and loneliness might also be felt
more viscerally in the absence of purposeful
activities. Purposeful activities, such as work
or recreation, can have a positive impact
on detainees. In Slovenia, the NPM has
recommended enhancing opportunities for
work and meaningful activities for convicted
prisoners.237
Surveillance in private rooms is another
security measure which has raised concern,
infringing on the detainees’ privacy. In
Germany, detainees in forensic psychiatric
detention may be detained in rooms with
camera surveillance without the possibility
to blur the sanitary area for privacy.238 Video
surveillance in private rooms has also been
observed in Croatia (purportedly for security
reasons) and in some prisons in Italy in units
for persons with mental disabilities, where,
in addition, lights are on for 24 hours a day.
Concern was voiced that the reasons for
such surveillance are not primarily security-based but because it might ease demands
on staff.
Detainees in psychiatric institutions may find
themselves in similarly “total” institutions as
prisons and are often prohibited from leaving
the facility for special occasions, such as for
family bereavement, as was reported in Italy
and raised by an expert from Romania in a
consultation workshop. Often, the assessment of dangerousness, which is a grounds
for detention in a psychiatric institution, precludes any possibilities for temporary leave.
However, conversely, successful leaves can
serve to demonstrate that dangerousness
is not exhibited anymore and the person
concerned may qualify for a conditional
release (see Section 2.7.3).
In Germany, compared to the prison
system, forensic psychiatric detention
offers more possibility for leaves and such
measures that are part of the reintegration
process toward the end of one’s detention.
Within the framework of leaves and similar
measures, inpatient confinement is lifted,
converted into ambulatory controls and
finally removed.239 Using a stage model, it
is intended to be able to react to changes
in individual behaviour. The stages can
be categorised as follows: (i) reduction of
inpatient controls with accompanying staff;
(ii) reduction of institutional controls through
the increase in informal control structures;
and (iii) removal of formal controls with
independent leaves without supervision.
This system exists because detention in
a psychiatric hospital is indefinite. Nevertheless, these leave measures do not exist
in preventive detention and they can also
lead to detention being prolonged, due to
potentially long outpatient care.240
In Slovenia, the Forensic Psychiatry Unit in
Maribor currently has a semi-open ward,
where patients are included in the available
(limited) rehabilitation activities (see the
case study in Annex 6). The patients in this
ward have supervised exits to the city and
weekend exits.241 In Italy, there is the option
of granting leave from prisons during the
day and going to work, returning to prison
at night, but this option is not available to
persons serving a form of security measure.
In Austria, the interruption of the security
measure/preventive detention is often used
(i.e., living in an extra mural facility for a trial
period to assess the situation and condition
of the persons).242 The interruption may only
be allowed if it is expected that the person
will not commit further offences during
the interruption and after 90 days, the extra-mural facility has to determine whether
the interruption was successful, additional
time is needed and conditional release is
recommended. Research shows that this
privilege has been used increasingly over
the past years and has become an essential
requirement for conditional release in many
cases.243
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