CAT/C/48/3
Methods of observation and interviewing patients and staff are suggested, followed by a
detailed list of questions to be posed during the visit. Special attention should be directed at
outdated treatment methods, such as the excessive use of electroconvulsive therapy (ECT),
overdose of psychopharmacological drugs, seclusion and physical restraint, which
sometimes (under the guise of treatment) are used as punishment or are administered due to
lack of modern treatment facilities such as psychotherapy, social psychiatry services in the
community and social rehabilitation programmes.
53.
The key purpose of monitoring is to prevent discrimination, deprivation of human
rights, neglect and ill-treatment. This includes monitoring a country’s mental health policy,
allocation of funding, i.e. whether there is a shift from the outdated ideology of segregation
and keeping patients in large institutions to more community-based services. The focus
should also be directed towards raising public awareness in society on the rights and needs
of people with mental health problems in order to overcome stereotypes, fears and
prejudice concerning mental disabilities.
2.
Preventing torture in prisons through the application of judicial procedural control
and due process standards
54.
Torture and other ill-treatment in places of detention, specifically in prisons for
adults and juveniles, is made more likely by an erroneous belief that due process ends at the
moment a person is sentenced and does not include aspects relating to prison conditions and
regime after this point. As the incidence of torture is closely related to the legal framework
governing places of detention, in addition to responding to complaints and monitoring
places of detention, it is critical that States have suitable and comprehensive judicial
procedures in place for the oversight and control of prison management relating to both
sentenced and remand inmates.
55.
In the specific case of prisons, various cultural factors such as ideas that inmates are
―outside society‖ or that they are ―dangerous‖ people and the reactions of the media to
public insecurity, contribute to the neglect and vulnerability of persons serving prison
sentences or held in pre-trial detention.
56.
From a legal perspective, the deficiencies in providing adequate protection for
inmates is reflected in the failure to clearly set out the substantive rights that, as a general
rule, inmates retain even during the period in which they are incarcerated. It must be made
clear from the outset of detention that only some of the rights of detainees are suspended or
restricted. In addition, the rights which the prison authorities must provide must be defined
and guaranteed.
57.
The absence of a legal framework — both organizational and procedural —
facilitates and increases the probability of impunity, further human rights violations and the
lack of guarantees necessary for the realization of the rights of inmates. These guarantees
include the existence of procedural bodies as well as safeguards. It is often said that ―the
laws are good, but what is lacking is their implementation‖. However, the problem is not
only a practical one but also related to shortcomings in the standards that should ensure the
availability of procedural bodies and necessary remedies to realize the rights of detainees.
In reality, detainees have ―rights without guarantees.���
58.
The Subcommittee wishes to note that it intends to work on the issue of due process
and judicial oversight procedures in places of detention other than those which come under
the criminal justice system, e.g. internment for the mentally ill and others.
14
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