CAT/OP/CHE/CSPRO/1 142. For information on persons subject to therapeutic measures, in particular under article 59 of the Criminal Code, see the reply to the recommendation contained in paragraph 102. 143. Persons with mental disorders who are serving a custodial sentence have the same rights as other patients, except the right to be treated by a doctor of their choice. Prisons have an obligation to arrange for the treatment of inmates and to find appropriate solutions in those cases where psychiatric hospitalization proves necessary. In particular, they are advised to ensure that care is provided by specialized staff trained specifically in psychiatry or psychotherapy. 144. Paragraph 177: The Subcommittee encourages the State party to increase the number of places in appropriate facilities for persons sentenced to therapeutic measures and wishes to be informed of the decisions taken in this regard. 145. As indicated in the reply to the recommendation contained in paragraph 102, various steps are being taken to increase the number of places available for persons sentenced to therapeutic measures. 146. Paragraph 179: The Subcommittee, bearing in mind rule 109 (1) of the Nelson Mandela Rules, considers that the State party should conduct an in-depth review of the situation of persons in indefinite detention and amend its legislation and institutional responses accordingly. 147. In the light of rule 109 (1) of the Nelson Mandela Rules, it is worth noting that indefinite detention may also be imposed on persons who do not have a mental disorder and have not been deemed to lack criminal responsibility but are very likely to commit a further, particularly serious offence (Criminal Code, art. 64 (1) (a)). Persons in indefinite detention may receive psychotherapy and serve their sentence in a psychiatric hospital or a specialized institution, pursuant to article 64 (4) of the Criminal Code, provided that public safety is guaranteed. 148. Paragraphs 181 and 182: The Subcommittee recommends that extension of therapeutic measures be based on a detailed examination of the necessity and proportionality of such a step, with due regard for the therapeutic progress made by the person subject to the measures. It further recommends that, for the purposes of the procedure, inmates automatically be heard by the relevant cantonal authorities before the measures are extended and that they have the assistance of counsel. 149. The Subcommittee makes the same recommendation in respect of the review of indefinite detention. 150. In cases that fall under articles 60 and 61 of the Criminal Code, the extension of therapeutic measures is limited. Therapeutic measures imposed under article 59 of the Code can, in theory, be extended indefinitely (Criminal Code, art. 59 (4)). Measures of this kind can be renewed if the convicted person does not meet the requirements for conditional release at the end of the period prescribed by law. The assessment as to whether those requirements have been met is based on a hearing with the person concerned and a treatment report submitted by the relevant therapist; in some cases, a psychiatric evaluation may be required and an interdisciplinary committee of specialists may be consulted (Criminal Code, art. 62d). Any decision to extend such a measure is taken by a court, not by the executing authority. It can be assumed that the person concerned will be heard by the judge in proceedings of this kind. 151. Indefinite detention is not time-limited. It therefore cannot be extended and simply lasts until such time as conditional release is granted or a therapeutic measure is imposed (Criminal Code, arts. 64a–64b). The assessment as to whether conditional release should be granted is based on a hearing of the offender, a report submitted by the institution, the opinion of a committee of specialists and a psychiatric evaluation (Criminal Code, art. 64b (2)). Any decision by the court to impose a new therapeutic measure must be based on a psychiatric evaluation containing a recommendation to that effect. Moreover, the European Court of 22 GE.21-03864