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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