Recommendations made by the NPM in 2015 and follow-up to the Recommendations made in 2014
Recommendation of March 26th 2015.
To urge the residential facilities in that autonomous community that, in cases where
there is actual notification of an emergency situation requiring the immediate
committal of someone in the facilities, the requirements set out in article 763 of the
Civil Procedure Act and which have been developed by Constitutional Court Ruling
(Spanish acronym STC) 141/2012, of July 2nd (hereafter STC 141/2012) must be
met. Said requirements, which must be properly triggered, require that involuntary
committal shall only be justified in cases of serious mental disorder and under the
conditions for an emergency situation or the immediate need for medical
intervention, and that the committal is not only advisable but meets the requirements
of need (that no alternative and less detrimental measure can be adopted) and
proportionality (with regard to the expected aims), in accordance with that
established in Legal Grounds (Spanish acronym FJ) 5 a) of the aforementioned
STC 141/2012.
ACCEPTED
Recommendation of March 26th 2015.
To issue instructions to residential facilities in that autonomous community that
notification of urgent involuntary committal to the competent judicial authority
include, as a minimum, information on the following points:
– Exact date and time of the committal
– Circumstances around the committal
ACCEPTED
– Medical report confirming the mental disorder that justifies immediate committal
and that triggers the need and proportionality of the measure, and charting the
development of their mental health state where appropriate.
– Predicted duration of the measure.
Recommendation of March 26th 2015.
To urge the residential facilities in that autonomous community that in cases where
committal takes place voluntarily and the person affected subsequently states their
change in opinion with respect to voluntary committal, at that exact time the
requirements of article 763.1 of the Civil Procedure Act be invoked in order to be
able to keep the committal in force, and that a 24hr period for communicating this
to the judicial body (FJ 5 c) of STC 141/2012) shall begin. In addition, it would be
advisable that said communication states the development of the mental state of
the person affected since the time of their committal, and the reasons which
triggered the change in the committal from voluntary to involuntary.
ACCEPTED
Recommendation of March 26th 2015.
To urge the residential facilities in that autonomous community that the notification
of urgent involuntary committal to the competent judicial authority must take place
as soon as possible and, at the latest, within 24 hours of the committal taking
place, in order that the mandatory approval of said measure be sought. Said time
frame, as highlighted in FJ 5 c) of the aforementioned STC 141/2012, ‘does not
necessarily have to be used up on assumption, nor shall it be used up discretionally’.
Therefore, ‘the communication to the court must be carried out by the director of
the centre as soon as the diagnosis justifying the committal is available, without
additional delay, and the 24hr period should be counted from the time at which the
committal of the person affected within the facility against their will physically takes
place’.
ACCEPTED
Recommendation of March 26th 2015.
To issue instructions to the residential facilities in that autonomous community so
that, upon their committal and in order to guarantee that they are fully and
effectively aware of their rights, the person affected (or their legal representatives)
be informed verbally, and to extent that they are capable of understanding, of the
reasons for the measure, and that they be provided with a document which includes
the following information written in language adapted to their level of capacity:
ACCEPTED
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