ANNUAL SPECIAL REPORT 2018
55
In conclusion, the NPM considers that it is imperative to expedite the termination of operation of the Psychiatric Hospital of Tripolis and its transfer to
the Psychiatric Clinic of the Panarkadikon General Hospital, as the living and
hospitalisation conditions in the existing structures are not only an insult to
the dignity of patients, but also endanger their security. Having this in mind,
the staff of the clinic should be bolstered with properly-skilled personnel,
mainly psychiatrists, psychologists and social workers, as well as nursing
staff. The NPM is committed to monitoring and assisting developments in
this direction.
5.e. Findings about the procedure of involuntary medical examination
Law 2071/1992 states that, during the forced examination procedure "the
transfer shall be carried out under conditions ensuring respect for the personality and dignity of the patient". However, as pointed out25 since 2007, as
a general rule, the execution of the public prosecutor's decision is entrusted
to local police stations. The examination of relevant petitions revealed that
several times the transferees were restrained with handcuffs, a measure
that is disproportionate even for persons arrested without resisting, and
much more so for patients who allegedly require medical attention. The
Ombudsman notes that those transferred for examination must be treated
with respect for their human dignity.
5.f. Legislative developments
In June 2018, the Working Group established by decision A1b / MD31142 /
9.5.2017 of the Minister of Health for the "drafting of a law to update the
institutional framework of involuntary hospitalisation (Article 95 of Law
2071/1992) and to develop the necessary safeguards to reduce involuntary
hospitalisation", with the participation of a representative of the Ombudsman, completed and delivered its work. The draft law26 included, inter alia,
the following:
• the notion of risk is eliminated as a condition for the imposition
of involuntary psychiatric hospitalisation,
• for the first time, special provision is made for minors allegedly in
need of involuntary psychiatric care, as well as for home psychiatric examination by the Community Mental Health Unit,
25 The Greek Ombudsman, Special Report “Involuntarily Psychiatric Treatment”
https://www.synigoros.gr/resources/docs/206391.pdf
26 Already under public consultation: http://www.opengov.gr/yyka/?p=2832
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