EXECUTIVE SUMMARY
chiatric or forensic institutions. Criminal
responsibility assessments dictate whether
individuals proceed along the “regular”
track and serve sentences of imprisonment
in “ordinary” prisons or are subjected to
security measures/compulsory treatment or
preventive detention in specialised facilities.
Criminal responsibility hinges on retrospective
assessments of disabilities, contributing to an
individual's failure to recognize the the nature
(wrongfulness) and consequences of their
actions. The presence of a disability, coupled
with an assessment of dangerousness, often
justifies confinement for treatment and public
protection. Despite violating UNCRPD principles against deprivation based on disability,
all partner countries permit the deprivation
of liberty for individuals with disabilities in
the criminal context. Involuntary committal
to institutions is widespread, often occurring
without a conviction and falling under the
purview of the health sector.
The prevalence of intellectual and/or psychosocial disabilities in the general prison population is high across all observed countries, with
significant rates of psychiatric conditions and
psychotropic medication use. Individuals with
intellectual and/or psychosocial disabilities in
ordinary prisons often lack adequate support
and services, facing isolation and segregation
due to security concerns and a lack of resources for other measures.
Regarding forms of security measures and
compulsory treatment, all six partner countries have legislation for the commitment to
forensic psychiatric institutions or specialised
facilities ordered by courts when a defendant
is found not criminally responsible by the
court. Grave concerns are expressed about
the conditions, coercive treatment, and
potential unlimited detention within these
institutions. The absence of a concrete time
frame has been highlighted as problematic by
experts, leaving individuals feeling powerless
and without agency. The research indicates
that in many instances, facilities may not offer
necessary treatment, hindering potential
improvement and leading to prolonged stays.
Transferring individuals to civil law and mental
health systems has been criticised for perpetuating indefinite detention. Each country has
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variations in the types of compulsory medical
treatment measures and security measures,
including outpatient options, inpatient
confinement, and specific conditions for enforcement. Preventive detention/measures,
as seen in Austria and Germany, offer another
pathway for detention, allowing for indefinite
confinement based on the commission of an
offence, a disability and dangerousness.
Concerns about the review mechanisms for
compulsory treatment have been raised,
with lawyers expressing worries about
inadequate safeguards for detainees’ rights.
Some countries conduct automatic reviews
every six months, but the effectiveness varies.
Legal representation in review proceedings
is not universally mandatory, potentially
impacting the thoroughness of case reviews.
Additionally, the person concerned may not
always be heard during the review process,
raising questions about fairness and due
process. Decisions in review proceedings
often heavily rely on expert opinions, and
the lack of involvement of external experts
in some cases has been flagged as a concern.
The overall research underscores the violation
of UNCRPD principles in all partner countries,
allowing deprivation of liberty based on perceived dangerousness linked to disability. The
complexity and lack of comparability across
different regimes and facilities for persons
with intellectual and/or psychosocial disabilities highlight the need for systemic changes.
The report recommends implementing time
limits, ensuring comprehensive reviews, and
addressing the blurred lines between medical
and security concerns in the deprivation of
liberty for this population.
The four EU instruments used in cross-border
criminal proceedings are the European Arrest
Warrant framework decision, the Transfer of
Prisoners framework decision, the European
Supervision Order framework decision and
the Probation and Alternative Sanctions
framework decision. The report revealed a
fragmented state of protections concerning
persons with psychosocial and/or intellectual
disabilities, with general provisions ensuring
respect towards fundamental rights but
lacking specific safeguards on particular