Drug Abusers and Abusers of
328. The aim of the new Care of Alcoholics,
Volatile
Solvent6
(Special
Provisions)
Act was to motivate
the abuser to
The 1988 Act had expanded the
participate
voluntarily
in the treatment.
provision
of COmpulSOry care because investigations
had revealed
a sharp rise
in drug and alcohol
abuse among the SOdally
disadvantaged
and rising
death6
among abusers.
It clarified
the responsibilities
of social
welfare
committee6
and included
care at a stage when symptom6 were less acute,
so that an
individual
could be treated
before his condition
had deteriorated
too far.
could not be
The time-limit
for compulsory
care, which was six months,
exceeded, and compulsory
care order6 were decided upon by the courts.
The
number of persons
under compulsory
care had risen
from 350 in 1988 to 750 in
1989.
Decision6
on admiSsiOn
to compulsory
care had risen from 15,000 to
16,000 and the average period of care had increased
from 75 to 130 days,
329. The main aim of the new legislation
on compulsory
psychiatric
care was to
adapt the law to the evolution
of psychiatry
, which now favoured
out-patient
treatment
and treatment
at psychiatric
Clinic6
in ordinary
hospitals.
Compulsory
care would therefore
be more
strictly
limited,
in order to
strengthen
the patient's
capacity
for living
independently
and for volurltarily
It also established
legal time-limit6
for
continuing
treatment
and support.
period6 of psychiatric
care and ensured greater
judicial
control
by making
court proceeding6
mandatory
after
an initial
period of care.
Uaht
to a fair
tria
330. With regard to that issue , member6 of the Committee Wished to receive
information
on the procedure
and criteria
for the selection
of professional
and lay judges who served in the general
courts,
a6 well a6 on their
role in
reaching
decisions,
and on the procedure
for promoting
judges.
It was also
asked what the number and proportion
of women
in the judiciary
were: whether
there were any restriction6
on the nationality
of lawyers
practising
in
Sweden; and whether
an acquittal
could be reversed
after
a new trial
solely
in
order to prevent
the credibility
of the judicial
system from
being
called into
Clarification
Wa6 also
requested
of the regulation6
governing
the
question.
implementation
of article
14, paragraph
3 (g), of the Covenant.
331. In his reply,
the representative
of the State party explained
that being
a professional
judge entailed
holding
a state office.
When persons
were
considered
for that office,
only such objective
factor6
as merit
and
competence were considered.
Permanent judge6 were appointed
by the Government
and had to be Swedish nationals
and possess
law degrees.
There were a number
of safeguard6
against
the Government'6
misuse
of its power to appoint
judges.
Lay judges were chosen by means
of elections,
and efforts
were made to ensure
that they were
representative
of the population
with respect
to age, sex and
occupation.
Every Swedish national
who was not a minor
or legally
incompetent
could be elected
a6 a lay judge for the municipality
or the county in which he
or she lived.
In reaching
decisions,
professional
and lay judge6 each had one
vote; the majority
opinion prevailed.
There were many women
in the legal
profession,
and they accounted
for IO per cent of all applicants
for trainee
posts in courts
of appeal.
All lawyers
practising
in Sweden had to be Swedish
citizens,
but a person appearing
as counsel before a court did not have to be
a member
of the Swedish Bar Association
except in criminal
proceedings.
--81-
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