Overview of Recommendations submitted by the Commission in 2017
j.
Enforcement of administrative measures
– The Commission recommends that the Bellechasse Facilities
timely prepare schedules for the enforcement of administrative measures in consultation with the detainees (NCPT Report, Bellechasse 2017, p. 6).
k.
High security detention
– The Commission recommends that the necessity of continuing to hold of detainees in Security Unit A of the Thorberg
Correctional Facility be reviewed on a quarterly basis. Any
extension of security detention should be sufficiently grounded, whereby the criteria applied to the grounds cited should
be increasingly strict the longer the term of such detention.
With regard to persons considered capable of posing a threat
to the safety of others based on a psychological disorder, the
Commission reiterated that the placement of such individuals in Security Unit A should be avoided. It recommends that,
wherever possible, the authority ordering detention consider
the option of detention in a suitable psychiatric facility (NCPT
Report, Thorberg 2017, p. 8).
– The Commission further calls on the referring authorities in
relation to ordering detention in the high security units of
the Thorberg and Lenzburg facilities to issue such orders only
for the protection of the individuals subject to the orders or
of third persons, and that they commission a review of the
legality of issuing such orders based on grounds of “risk of
flight” or “threat to peace and order inside or outside the
facility” (NCPT Report, Thorberg 2017, pp. 7-8, NCPT Report, Lenzburg 2017, pp. 2-3).
– At the Lenzburg Correctional Facility, the Commission recalled its recommendation concerning the procedural safeguards applicable to high security detention and recommends
that the authorities responsible for ordering detention issue
orders for detention in high security units in writing and after
the detainees’ rights to due process have been respected and
including due mention of the available avenues of appeal.
Activity Report NCPT 2017
53
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