Part I there are no adequate statutory regulations with regard to single occupancy rooms where direct coercion measures in the form of restraining patients with mental disorders are used, and with regard to hospitals’ observation units and wards with enhanced security systems215. Apart from the aforementioned arguments regarding the correctness of legislative procedures, the issue of CCTV monitoring is of fundamental importance from the point of view of human rights. Particular care about the situation of psychiatric hospitals’ patients is also related to the higher risk of social exclusion, compared to other social groups. There is no doubt that the failure to appropriately protect those patients’ rights, personal data and images creates a risk that such information may be misused. With this in mind, the NMPT will monitor the implementation of legal regulations ensuring adequate protection of psychiatric hospitals’ patients. 4. Lack of regulations on escorted transport of persons subjected to preventive measures outside the institution For several years, the NMPT has been calling for the regulation of the procedure of escorted transport of patients of psychiatric hospitals and wards, who are held there pursuant to adjudicated preventive measures, outside the premises of the institution for the purpose of medical consultations, examination or treatment. Currently, it is the responsibility of the hospital administration to provide such escorted transport. The NMPT noted that at present there happen situations in which psychiatric hospital patients are escorted by public transport, which raises reasonable concerns about the safety of other passengers. In the opinion of the Ministry of Health, it is justified to introduce, into the Executive Penal Code, provisions on escorted transport of persons in relation to whom preventive measures have been adjudicated. According to the NMPT, it is necessary to take legislative action to determine the escorted transport procedure, i.e.: situations in which it should be used, responsible entities, escorting team composition, means of transport, and measures to be taken in order to prevent aggression and uncontrolled departure of the escorted person. At present, it is the sole responsibility of psychiatric hospitals to organize escorted transport and to ensure its safety and security, in cases when it is necessary to transport a patient beyond the The CHR’s opinion of 27.10.2016 on the bill amending the Act on Mental Health Protection and certain other acts, ref. no. KMP.022.4.2016. 215 71

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