response to the National Authority for the Rights of Persons with Disabilities, Children and
Adoptions, regarding the observance of the rights of persons with disabilities, which will
contribute to informing the National Strategy for the Rights of Persons with Disabilities 20212027.
Proposals for legislative changes:
- introducing in Law no. 487/2002, republished, the obligation of the court to periodically
verify the involuntary hospitalizations (with the establishment of a maximum term of 3 months).
During the monitoring of the Săpoca Psychiatric Hospital for Safety Measures, an aspect that
preoccupied the NPM team, was the long period, since a patient was admitted involuntarily,
namely 4 years. The team does not question the decisions of the Commission of involuntary
hospitalization, but raises awareness about the fact that the mental health legislation does not
provide for a regular control by the court in case of involuntary hospitalization5, as it does in
the case of the safety measure of medical hospitalization;
- establishing a courtroom in each psychiatric hospital for safety measures; such
courtrooms would also be useful in hospitals that carry out involuntary hospitalizations (one
in each hospital or a courtroom for several hospitals, located nearby) - as a solution to avoid
transporting patients to court, given that: ● the representatives of the Săpoca Psychiatric
Hospital for Safety Measures recalled to the NPM team, as they did during the visit made in
2016, the difficulties faced by the hospital, both financial and human, related to ensuring the
transport of patients, with own ambulances, accompanied by staff members (which makes the
shortage of staff even worse at the hospital level, and the costs of these trips are not reimbursed
by the Ministry of Health nor by the Ministry of Justice); ● notifying the hospital about the
need to set up specialized judicial panels, which will judge only the cases that have as object
the safety measures - in order to avoid the marginalization / discrediting of these patients, given
that court hearings are public); ● the fact that bringing patients in the common courts can be
traumatic for them, who are already vulnerable.
Such a practice exists in France, where the judge rules in a courtroom, belonging to the
Ministry of Justice, specially arranged, in a hospital, or in another medical unit, under the
jurisdiction of the same court.
- in case of replacement / termination of the compulsory medical treatment (Art. 568),
maintenance / replacement / termination of the measure of medical hospitalization (Art. 571)
and lifting the measure of temporary medical hospitalization (Art. 248), the Code of Criminal
Procedure should provide the obligation of the court to set a deadline for resolving the
notification, within 3 days, from the date on which it was notified (preferably immediately, as
provided for the measure of temporary medical hospitalization); also, the trial should take
place, as a matter of urgency, as provided by the legislator in case of involuntary
hospitalization (in Law no. 487/2002 on mental health and protection of persons with mental
disorders, republished (Art. 62 para. 1). Members of the medical staff from Ploiești Penitentiary
reported to the NPM team that there were situations in which detainees, for whom was applied
the measure of compulsory medical treatment (Art. 109 Criminal Code), refused to take the
treatment. According to the provisions of Article 567 paragraph (1) letter b), paragraph (2) and
para. (3) Code of Criminal Procedure (if the person obliged to compulsory medical treatment
evades the treatment after presentation, the administration of the place of detention has the
obligation to communicate this aspect to the court in whose district the health unit is located);
the court was notified each time, repeatedly, but no answer was received.
5
Law no. 487/2002, republished, provides for notifying the court to confirm the decision of involuntary medical
hospitalization / termination of the measure; The decision of the Commission that re-examines the patients on a
monthly basis or whenever-necessary are not subject to court review.
19
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