CAT/OP/CRI/ROSP/1 needs of young people, by improving the conditions of detention and the occupational activities offered at the Zurquí centre; (c) Prohibit collective punishment, restrictions regarding visits and the use of solitary confinement for young detainees, as provided for by law. Any restriction of the rights of children and adolescents deprived of their liberty must be the consequence of a disciplinary procedure in which due process is observed; (d) Improve access to medical and psychological care, while ensuring confidentiality, and introduce wide-ranging measures to prevent self-harm. D. Psychiatric centres 95. The Subcommittee welcomed the paradigm shift that has occurred in the administration of mental health: now, only acute patients are institutionalized and, once they are stable, they are referred to the National Council for Persons with Disabilities, which places them in a residence. Before admission to a psychiatric hospital, a patient is evaluated by a forensic psychiatrist and the case is referred to a judge who is competent to decide whether or not the patient should be admitted. The Subcommittee is nevertheless concerned that there have been no forensic doctors specializing in psychiatry in the State party since December 2018. 96. The Subcommittee recalls the urgent need to establish a forensic service specializing in psychiatry, without which it is not possible to review security measures (Code of Criminal Procedure, arts. 98, 100 and 487) or to take decisions regarding cases of incapacity or diminished capacity or the need to commit a person. 97. According to the information provided by the medical personnel, if a patient claims to have been subjected to ill-treatment, a preliminary administrative investigation is initiated and, if the patient so requests, the complaint is referred to the Attorney General’s Office. This raised concerns for the Subcommittee, given that such situations involve patients with mental illnesses. 98. The Subcommittee recommends that an action protocol be developed for cases involving crimes committed against patients with mental illness and that the protocol include the obligation, where appropriate, to refer related complaints immediately to the Attorney General’s Office. 99. In 2011, the Centre for Persons with Mental Illness in Conflict with the Law was moved to a former textile factory. The Subcommittee noted that the Centre, which has different wards for convicted prisoners and for suspects, is designed more for containment than for rehabilitation, and that patients are guarded by prison police. At the time of the delegation’s visit, the centre’s capacity was 90 people, but it was currently accommodating 111. Since it was a former factory, there were no partitions and patients lacked privacy; there was, moreover, scant natural light. Patients were allowed outside for one hour every day, on a paved road behind the centre. The sole activities on offer were inside sports (as there was no dedicated outdoor space) and television. According to the institution’s authorities, in early 2019, three cell blocks designed especially for patients in conflict with the law will be available within the National Psychiatric Hospital. 100. The Subcommittee recommends: (a) That the wards in the psychiatric hospital be made ready as soon as possible, so that patients with mental illnesses in conflict with the law may enjoy adequate living conditions; (b) That the necessary measures be adopted to ensure that patients with mental illnesses who are in conflict with the law are offered occupational therapy and educational activities. 16 GE.21-00153

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents