Annual Report 2015 - Spain’s National Preventive Mechanism –  The date and time of the committal and of its notification to the judicial authority, informing the person affected that the facility is obliged to notify said authority of the committal as soon as possible and, where appropriate, within 24 hours, and that the necessary judicial approval must take place within a maximum period of 72 hours from the time at which the committal is notified to the court. –  The cause of the committal and why it was brought about, indicating the need for and proportionality of the measure, as well as the criteria applied to the permanent review of their situation, without detriment to the therapeutic privilege of the medical staff. –  Their rights under article 763 of the Civil Procedure Act (the right to representation and defence, the right to be heard before a judge, the right to request a hearing with another person whom they deem appropriate, the right to request the opinion of a physician of their choice, the right to appeal the decision of the court with respect to their committal, and the right to request a writ of habeas corpus on their own behalf or through their legal representative or relatives). Said document must be signed by the person affected by the measure, indicating that the information stated has been explained and properly understood, as well as by the professionals in the facility who have provided the information. The person affected must retain a copy of said document. Recommendation of March 26th 2015. To urge the residential facilities in that autonomous community that following the 72 hr period during which the judicial authority must decide, and provided that authorisation of the measure has not been given, there is no legal basis for keeping the person affected forcefully detained. Such a situation should be notified to the competent judicial authority, the Public Prosecutor and, where appropriate, their legal representative. In this situation, if the detainee states their wish to leave the facility they may do so after signing a voluntary discharge form. ACCEPTED Recommendation of March 26th 2015. To urge the residential facilities in that autonomous community that psychiatric reports be referred at least every 6 months to the competent judicial authority for their assessment of whether or not the committal should be continued. In addition, it should be remembered that in order to fully respect the safeguards around committed persons, said periodic medical reports should be detailed and kept up to date in line with that highlighted in paragraph 174 of the Annual Report 2012 on Spain’s National Preventive Mechanism against Torture. ACCEPTED Recommendation of March 26th 2015. To issue instructions to the residential facilities in that autonomous community that injury report forms be established and adapted to the Recommendations of the Ombudsman reflected in the study of Injury reports on people deprived of their liberty, and which should be completed and referred to the competent judicial authority in accordance with said study. RECOMMENDATION MADE TO THE SECRETARY OF STATE FOR JUSTICE ACCEPTED STATUS Recommendation of March 26th 2015. To develop, as quickly as possible, a project under organic law which regulates the committals carried out under civil legislation. 104 PARTIALLY ACCEPTED

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