1.7
CONCLUSION
In addition to the most important preventive effect of these visits, the purpose
of which is to prevent torture or other ill-treatment before it occurs, we also
discovered that the living conditions and treatment of persons deprived of liberty has improved in many institutions visited in 2019 specifically due to our
recommendations. For the most part, we are pleased with the response of the
competent authorities (particularly of institutions visited) to our findings and recommendations for improving conditions as they regularly respond to them and
express readiness for cooperation.
We can also confirm for 2019 that the visited institutions try to take all measures
in their power to make the necessary improvements. We furthermore strive to
further enhance and deepen cooperation with the relevant ministries, particularly regarding issues which demand systemic changes.
When visiting retirement homes, it was determined time and again that there
are problems with acquiring legal bases for detention in these homes in which
the protection of residents is not implemented by means of locking the ward.
Unlike other forms of secure accommodation, restriction of personal liberty in
retirement homes is not of such a type that would require a legal basis (it is a
matter of a resident’s consent or a court’s decision) as is stipulated by the ZDZdr.
We also established that procedures for approving secure wards take place at
the Ministry of Labour, Family, Social Affairs and Equal Opportunities (MDDSZ),
but are still too slow. Due to the insufficient number of (certified) secure wards,
dementia wards are overcrowded because of the accommodation cases determined by courts despite the negative opinion regarding retirement homes. We
even discovered a case where a dementia patient was accommodated in a bathroom because the ward was full, which is certainly unacceptable. During our
visits in 2019, we unfortunately again noticed the shortage of staff in retirement
homes, which is particularly evident in the low number of staff working at night
when, frequently, no one is continuously present on a secure ward, and in one
home we also noted that residents are (still) bathed at unreasonably long intervals due to the lack of staff. Organised or targeted activities, daily occupation or
social events that would take place throughout the day are frequently non-existent in retirement homes. The shortage of staff is undoubtedly also the reason for
residents’ early retirement to their beds in the evening, which is why they wake
up more frequently during the night, thus increasing the use of sleeping pills.
On that note, we also point out that, in addition to an adequate number of staff,
their suitable inclusion in the work process and diligence linked with dedication
23
1.7 CONCLUSION
It is encouraging that the NPM did not establish any cases of torture or other
cruel punishment or treatment during the visits in 2019. With recommendations
for improving the situation, the NPM draws attention to cases that may constitute inhuman or degrading (ill-)treatment of persons deprived of their liberty.
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