44 should be respected in residential institutions as well.119 Presumed or actual disability, including psycho-social disability, may not provide lawful ground for treating or placing the person concerned against his/her will in a psychiatric institution.120 It violates the prohibition of illtreatment, thus it may cause a fundamental rights-related impropriety, if a person with partially limited capacity to act is placed in a residential institution against his/her will, based exclusively on the statement of his/her guardian. 9.2.2. Persons with disabilities in the Closed Psychiatric Ward of the Merényi Gusztáv Hospital At the time of the visit, 37 patients were treated in the Closed Psychiatric Ward of the Merényi Gusztáv Hospital that has the capacity of 51. As far as the placements material conditions were concerned, the visiting delegation found leaking roofs, rotting walls and furniture, peeling plaster and broken tiles. When it was raining outside, rainwater was seeping through the dining hall’s ceiling upon the head of the patients who had to negotiate buckets collecting rainwater. The windows in the small sickroom did not work properly. The toilet booths with a common anteroom, the mixed-gender bathroom, the doors that cannot be closed, the lack of bathtub and shower curtains allowed the male and female patients to see one another while using the toilet, taking a shower or taking/receiving a bath. The staff tried to ensure that female patients under the age of 35, who could not bathe independently, were not bathed by male nurses. In my report on the visit I pointed out that the sexual modesty of persons deprived of their liberty is independent of their age and gender. Therefore, participation of nurses of the opposite gender in bathing persons deprived of their liberty may be justified exclusively by the patient’s physical state. I also raised objection to the shortcomings of the rules on ordering and implementing restrictive measures applicable in the closed ward. The visiting delegation registered the low number of the nursing staff and the heavy workload resulting therefrom. Although the OPCAT plays a key role in successfully preventing ill-treatment, the staff was not aware or had only superficial knowledge thereof. In order to prevent the ill-treatment of persons deprived of their liberty, treated in the closed ward, I proposed to supplement and amend the rules regulating restrictive measures, and to brief the staff on the OPCAT. I recommended the compulsory education of all members of the closed ward’s staff on the rules regulating restrictive measures. The documents should be put on display so that they were clearly visible to the persons deprived of their liberty, as well as to their authorized legal representatives and the institution’s staff. 9.2.3. Persons with disabilities in the Central Prison Hospital At the time of the visit, there were several–for a longer or shorter time period–disabled persons in the Hospital; however, the tires of the wheelchairs found there were flat. The patients had a hard time moving around with those wheelchairs even within the building. In addition to being unable to negotiate the treatment rooms’ thresholds without help, they could not even get near the courtyard. 119 120 See Articles 12 and 19 of the CRPD See Articles 14 and 25 of the CRPD