Report on the Performance of Activities of the National Preventive Mechanism for 2017 one should act as a patients’ waiting room, the other one as an application room so that people waiting their turn do not have to witness to the process. Finally, the third room should be designated for posttherapy rest, in line with the CPT opinion in its Report on 2007 Visit to Turkey. Generally, patients submit written consent but, according to our findings, in exceptional circumstances, the procedure is applied even without grating the consent. In these situations, a written consent of a family member or a guardian is obtained, as well as the opinion of the ethical committee. This is contrary to provisions of the APPMD that lay down that ECT is allowed only with a written consent provided by the patient, and not by another individual. According to the information of the Psychiatric Clinic, this practice takes place only if all other types of treatment were tested out and if it is expected of the ECT to render real and direct benefits for the person’s health, without adverse effects; and if patients are diagnosed with, for example, catatonia, that prevents them from communication and if not applying ECT could lead to serious and direct threat to life and health. That is why it is crucial to carry out an analysis to determine with clarity whether there are exceptional circumstances that would call for ECT application without explicit written consent provided by the patient. If there are, they have to be clearly defined. In addition, the APPMD has to be amended accordingly, taking into account that ECT must not be applied if the individual concerned opposes to it. In the meanwhile, the practice of administering ECT without the patient’s written consent must be suspended. According to the data provided, generally, all recommendations that do not require allocation of significant funds, as issued during the visits, were adopted or in the state of implementation. For the first time since the NPM started performing its role, a visit was interrupted. During the second day of the visit to the Psychiatric Clinic, the NPM representatives were informed about the stance taken by the management of the University Hospital Centre. According to their For the first time since the NPM started performing its role, a visit was interrupted. The management of the University Hospital Centre did not approve access to data without previous announcement in writing. The Ministry of Health and Croatian Parliament were informed of the matter. opinion, although, in line with their duties, the representatives may pay an unannounced visit to the Clinic, they cannot be provided with any data whatsoever unless they request it beforehand from the assistant director for legal affairs. They were allowed, in line with the opinion, to visit the rooms only. That being said, the report on visits was prepared on the basis of the previously collected data and does not allow for a comprehensive overview of the situation regarding the respect of rights of persons with mental disorders from the scope of work of the NPM. The Ministry of Health and Croatian Parliament were informed of the matter. The Ministry was required to inform all healthcare institutions accommodating or potentially accommodating persons deprived of liberty of rights and responsibilities of the NPM. The Ministry has fulfilled this obligation. 31

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