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.
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