50
THE GREEK OMBUDSMAN
5. Involuntary Psychiatric
Treatment
5.a. General annual findings
After the experience of more than 25 years of application of the provisions
of Law 2071/1992 on involuntary hospitalisation, a commonplace problem
is the inappropriate implementation in practice of the provisions set up
to safeguard the rights of the allegedly mentally ill. The provisions of Law
2071/1992 have repeatedly led the Supreme Court Prosecutor's Office to
issue reports and opinions23 and the European Court of Human Rights to
issue rulings against our country24.
Moreover, it is widely acknowledged that the only provision of the law on
psychiatric care is through involuntary hospitalisation, without any substantial
capacity to provide and develop psychiatric care in the community, has increased the number of involuntary hospitalisations in closed-type structures.
The key findings from the NPM's data are rather disappointing as far as the
effectiveness of law enforcement is concerned: the overwhelming majority
of cases are tried without the presence of the person concerned, in most
cases the person has not been summoned as a patient, and legal remedy
is very rarely exercised against the decision ordering involuntary hospitalization. The above should be considered in combination with the everyday
life experiences in public prosecution offices and psychiatric hospitals, especially in large urban centres: relatives request the prosecutor to deal with
and initiate involuntary hospitalisation, he then issues a public prosecutor's
order for examination, the police take over, the alleged patient is taken by
patrol to a psychiatric clinic for examination. Involuntary hospitalisation
prolongs the use of restrictive measures (protective bedlinen/bed restraint
primarily) on patients due to staff shortages, lack of proper staff training
and lack of strict criteria for the use of patient-restraint methods following
international standards.
23 Areopag Prosecutor: Opinion 12/2006, Order 1421/19.9.2004, Circular 504/13.2.1996
24 Decisions “Venios vs Greece” (5.7.2011), “Karamanof vs Greece” (26.7.2011)
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