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 103

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