A/68/44 prisoners with serious mental illnesses and at the severe insufficiency of mental health-care services available and provided to the prisoners within the prison facilities (arts. 11 and 16). The State party should take all measures to ensure that prisoners with serious mental health problems receive adequate mental health care, by increasing the capacity of inpatient psychiatric wards and providing full access to mental health-care services within all prison facilities. Use of coercive measures in psychiatric health care (14) The Committee, while noting the important steps being taken by the State party to reduce and ensure the correct use of coercive measures in mental health institutions, remains concerned at the widespread use of restraints and other coercive methods in psychiatric institutions, as well as at the lack of available statistical data, including on the administration of electroconvulsive treatment (ECT). The Committee is concerned that the provisions of the Mental Health Care Act, allowing for compulsory admission and treatment on the basis of either the “treatment criterion” or the “danger criterion”, leave the possibility for wide discretionary decisions to such an extent that it might lead to arbitrary and unwarranted practice (arts. 2 and 16). The State party should ensure that every competent patient, whether voluntary or involuntary, is fully informed about the treatment to be prescribed and given the opportunity to refuse treatment or any other medical intervention. Any derogation from this fundamental principle should be based upon law and only relate to clearly and strictly defined exceptional circumstances. The State party should provide clear and detailed regulations on the use of restraints and other coercive methods in psychiatric institutions aiming to reduce the use of restraints substantially. The State party should also establish a system for the collection and publication of uniform statistical information on the use of restraints and other coercive methods, including the incidence of ECT. Detention of foreign nationals and non-refoulement (15) The Committee expresses its concern regarding the use of lengthy detention for asylum seekers who enter the State party undocumented. The Committee also regrets the lack of full legal protection for persons fleeing States due to generalized violence who can neither show that they are individually at risk, nor are considered to be at risk of torture if returned, as article 2 of the Aliens Act requires an individualized risk in order for persons to qualify for subsidiary protection in the State party (arts. 3, 11 and 16). The State party should consider reducing the use and length of detention for asylum seekers who enter the State party undocumented. The State party should also consider refraining from returning foreign nationals to States in situations of internal armed conflict or generalized violence, on humanitarian grounds. (16) The Committee regrets that the legal safeguards prescribed by law are not always guaranteed to all asylum seekers and foreign nationals pending expulsion, such as the right to information concerning their rights in a language they understand and the right to free legal aid in the case of expulsion. The Committee notes with concern the publishing of a consultation paper by the State party on the possibility to restrict further the right to free legal aid (arts. 3, 11 and 16). In order to fulfil its obligations under article 3 of the Convention, the State party should guarantee all necessary legal safeguards to ensure the rights of persons facing expulsion or return. The State party should also offer appropriate legal aid to foreigners in all expulsion cases if necessary to safeguard their rights and establish procedures to ensure that foreign nationals are informed of their rights in a language they understand. 36 GE.13-46043