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
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