CAT/C/BGR/CO/6
(c)
That admission procedures and systems of guardianship continue to include
officials from the institutions in which the persons with disabilities are confined, which
may result in a conflict of interest and de facto detention; and that the placement is done at
the request of other persons and not the person with a disability;
(d)
Regarding the excessive use of medication and chemical restraints; the
enforced administration of non-consensual and intrusive and irreversible psychiatric
treatment and therapies such as neuroleptic drugs; violence among patients, including selfdestructive behaviour; and punitive behaviour by staff based on a person’s impairment;
(e)
About the material conditions in some institutions that amount to inhuman
and degrading treatment and include caged spaces, lack of furniture, poor hygiene and poor
access to sanitary facilities;
(f)
About the non-renewal of agreements by the ministries responsible for health
care, for labour and social policy and for education and science with civil society
institutions, which reduces their ability to monitor such institutions;
(g)
That children in accommodation centres for children with mental and
psychosocial disabilities have been subjected to negligence, harassment and violence.
16.
The State party should:
(a)
Ensure that national legislation provides guarantees for effective legal
safeguards for all persons with mental and psychosocial disabilities concerning civil
involuntary hospitalization, including with regard to effective judicial review, as well
as concerning involuntary psychiatric and medical treatment in psychiatric
institutions, including with regard to chemical and physical restraints;
(b)
Review the legal status of patients and ensure that patients’ consent is
requested both with regard to hospitalization and in relation to psychiatric medical
treatment, and that they are allowed to avail themselves of the right to appeal against
the decision in the event of involuntary hospitalization and medication;
(c)
Ensure that the patient enjoys the right to be heard in person by the
judge ordering the hospitalization and that the court always seeks the opinion of a
psychiatrist who is not attached to the psychiatric institution admitting the patient;
(d)
Ensure regular visits of psychiatric institutions by a mandated outside
body independent of the health authorities, and establish an independent complaints
mechanism;
(e)
Consider less restrictive alternatives to the forcible confinement of
persons with mental and psychosocial disabilities;
(f)
Investigate effectively, promptly and impartially all complaints of illtreatment of persons with mental and psychosocial disabilities hospitalized in
psychiatric institutions, bring those responsible to justice and provide redress to
victims;
(g)
Take measures to prevent all forms of ill-treatment in psychiatric and
other institutions; ensure that the use of medication strictly complies with medical
needs and that there is no excessive use of medication, including through the
establishment of internal inspection mechanisms; and take into account the Principles
for the Protection of Persons with Mental Illness and for the Improvement of Mental
Health Care.
Absence of investigations into the deaths of 238 children with mental disabilities
17.
The Committee is gravely concerned by the reply of the State party concerning the
absence of investigations into the deaths of 238 children with mental disabilities who died
during the period 2000–2010, three quarters of whom died from preventable causes, and
those of two more children who died in similar conditions in the Medven institution shortly
before the Committee’s consideration of the State party’s previous report. The Committee
is dismayed by the statement in which the State party indicated that 22 inspections of the
institutions in question did not establish inhuman treatment of children by the personnel of
the specialized institutions and merely stated that there were certain loopholes in legal
regulations whereby some of the children had been buried without autopsies.
7