Long-term Deprivation of Liberty
Regional Autonomous
Communities
Balearic Islands
Canary Islands
Cantabria
N .º of proceedings
535
1,109
268
Castile-La Mancha
1,108
Castile y Leon
1,257
Catalonia
7,709
Comunitat Valenciana
4,774
Extremadura
Galicia
La Rioja
Community of Madrid
490
2,641
291
21,826
Murcia
671
Navarre
316
Basque Country
Total
2,997
55,288
Source: In-house compilation based on data provided by the Spanish
Office of the Attorney General.
167. As pointed out in paragraph 470 of the 2010 Annual Report, Decision of
the Constitutional Court 132/2010, of 2 December, declared unconstitutional
two sub-sections of the first paragraph of Article 763 of the Civil Procedure Law,
which provides for involuntary admission due to psychic disorders, considering
that said measure, which entails deprivation of personal liberty, cannot be
adopted pursuant to an ordinary law, but rather an organic law. The NPM has
reminded the Secretary of State for Justice of the need to draft, as rapidly as pos
sible, an organic law bill to regulate involuntary admission of persons who due
to a serious psychopathology do not have the capacity to decide at a given time
regarding the treatment of their mental health, and after having tried less res
trictive alternative measures, need to be hospitalized to receive appropriate psy
chiatric treatment, thus depriving them of their personal liberty. This is in ac
cordance with the UN International Convention on the Rights of Persons with
Disabilities, which came into force on 3 May 2008, and with the Observations of
the UN Committee on the Rights of Persons with Disabilities in its initial report
on Spain (CRPD/C/ESP/1).
The need to regulate by
means of an organic law
the involuntary admission
of persons due to severe
psychological pathologies
has been reiterated
The Secretary of State for Justice reported that work on the first copy of the draft
bill to modify the Civil Code and the Civil Procedure Law would finalize at the
beginning of 2013, after which the draft would be forwarded to the different MinTHE OMBUDSMAN OF SPAIN
131
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