5. INVOLUNTARY PSYCHIATRIC TREATMENT
5.a. Institutional intervention: Transfer of persons with mental disorder
symptoms for involuntary examination and hospitalization
The general provisions regarding the duties of police personnel make no explicit
reference to involuntary psychiatric treatment and namely to the recommended
manner to treat patients during their transfer for involuntary psychiatric treatment
or hospitalization. In many cases, patients are treated as dangerous individuals for
public order and safety. They are transferred in a police car, in handcuffs and many
times restrained behind their back (article 147 of P.D 141/1991 on the mechanical
restriction of transferees) and under police custody, even when the sight of
uniformed personnel intensifies their agitation and potential health issues. Many
times they are not even given an explanation for their "arrest" or where they are
taken and on occasions the police personnel uses improper expressions, namely
"you are crazy", "we will take you to the madhouse", etc. At times, the patients ask
the police officers to allow them to dress properly, as they are forced to leave their
home without notice and they are not allowed to put on proper clothes. It has also
been observed that transferred patients are held in the police station for hours or
even overnight or for days until they are finally transferred to the proper institution,
especially if this is situated in another prefecture or until a second on-duty
psychiatrist becomes available. They are being held in custody suites or in a different
area. This is partly justified by article 188 of P.D 141/91 regarding protective custody.
The Ombudsman has repeatedly remarked that these circumstances are particular
and under no circumstances are these citizens to be treated as arrested offenders
nor is their transfer to take place in a manner that constitutes a brutal insult to
human dignity. The use of restraint is considered disproportionate as a means of
restriction of an arrested individual who does not put on any resistance, let alone for
a citizen that is transferred as a patient and is fully cooperative or when police
assistance is required in order to provide him with the necessary medical aid. The
Ombudsman has addressed a letter to the Prosecution Office of the Supreme Civil
and Criminal Court of Justice (Areios Pagos) requesting the issuance of relevant
recommendations towards the local prosecution offices and the Hellenic Police.
5.b. Special issues that emerged in 2019
In most psychiatric clinics, organizational and functional gaps cause severe
difficulties in managing cases of crises that occur in agitated patients. In particular, in
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