A/HRC/40/59/Add.1
(b)
Facilitate deinstitutionalization of persons with psychosocial disabilities,
particularly by introducing into the social welfare law a clear categorization of
various forms of assisted living made available to persons in need;
(c)
In addressing the needs of persons with psychosocial disabilities, adopt
policies and protocols that uphold autonomy, self-determination and human dignity
and safeguard free and informed consent on an equal basis for all individuals without
any exception or discrimination, whether based on disability or for any other reason;
(d)
Prohibit the institutionalization of persons with disabilities merely on the
grounds of their disability without their free and informed consent;
(e)
Prohibit any forced and non-consensual medical interventions merely on
the grounds of a person’s disabilities, such as the non-consensual administration of
psychosurgery, electroshock treatment and mind-altering drugs such as neuroleptics,
and the use of restraints and solitary confinement, including for both long- and shortterm application. Instances of treatment without informed consent should be
investigated and redress should be provided to victims of violations;
(f)
Replace forced treatment and institutionalization with services in the
community. Such services must meet needs expressed by persons with disabilities and
respect their autonomy, choices, dignity and privacy.
108. In regard to migrants and asylum seekers, the Special Rapporteur recommends
that the Government of Serbia:
(a)
Ensure adequate material conditions in any holding area, including in
areas such as airport transit zones, where persons may be held pending their
deportation or return to their airport of departure;
(b)
Ensure that decisions taken by the border authorities, including refusals
of entry and, more importantly, deportation decisions, are carefully documented and
subjected to independent judicial review, and that any person affected by such
measure be informed of their rights, including the right to legal remedy and legal
counsel, in a language they understand;
(c)
Strengthen the independence of the complaints and oversight mechanism
in the reception camps by providing for confidential and anonymous access to sealed
complaint boxes that can only be accessed by the office of the Commissioner for
Refugees and Migrants and not the staff in charge of the camp;
(d)
Ensure that all service providers who come into direct contact with
migrants receive training, commensurate with their function, on relevant
international human rights standards, including the principle of non-refoulement and
the Istanbul Protocol for the investigation and documentation of the signs of torture
and other ill-treatment;
(e)
Strengthen their ongoing efforts to provide adequate medical and
psychological support and rehabilitation to all victims of torture and other illtreatment present on Serbian territory and, in any event, abstain from any push-back
or other forms of refoulement of migrants into territories where they may be exposed
to the risk of torture or other ill-treatment.
B.
Recommendations to the authorities in Kosovo
109. In regard to the legal framework and preventive safeguards, the Special
Rapporteur recommends that the authorities in Kosovo:
(a)
Criminalize other cruel, inhuman or degrading treatment or punishment
in the same comprehensive terms as torture;
(b)
Expressly exclude the admissibility of evidence obtained through torture
or other cruel, inhuman or degrading treatment or punishment;
18
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