Report on the Performance of the Activities of the National Preventive Mechanism for 2019
announcements and conversations, including the right to submit complaints, this is still not enough,
so psychiatric institutions should additionally improve their complaints mechanisms, among other
things by keeping integrated records of complaints and answers.
Use of measures of coercion on persons with mental disorders is allowed only exceptionally, in
particularly urgent cases of serious imperilment of one's own or another's health, and only to the
extent, and in a way that is absolutely necessary to avert danger, after non-coercive measures failed
to do so. All patients have the right to protection from medically unjustified limitations on their
movement, or separation. However, the medical documentation often does not contain records of
the de-escalation techniques used before measures of restraint are, and patients who have been
committed voluntarily still do get restrained, which is not in accordance with CPT standards. Namely,
if it is believed that using coercive measures in cases of voluntary confinement is unavoidable, but
the patient does not consent, his legal status should be examined.
Despite the recommendations from the 2016 and 2017 reports, no special records have been set up
to register the use of coercive measures, which would make it possible to establish how often they
are applied, that is, which would allow their monitoring and analysis. Hence, there is still no data on
who decided on their use, when they did so and why; which measure of coercion has been applied,
which actions preceded it, or on monitoring a patient's physical and mental health, and on the
termination of the measure.
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1.4. HOMES FOR THE ELDERLY
During 2019, we made an unannounced visit to the Home for the elderly Duga in Zagreb, in order
to establish how well the users' human rights are respected, especially regarding their medical care
and in situations that might constitute limitation on the freedom of movement.
In earlier reports, we pointed out the necessity that the user must sign the admission agreement
himself/herself, and that in cases of inability to do so due to a serious health condition, and where
there is no legal guardian, the Social Welfare Centre has to be informed in order to appoint a special
legal guardian. Despite this, it was found that in this Home as well, admission agreements are signed
by the person paying for the accommodation, usually a close family member. Such practice is
unacceptable, as any form of being held in an establishment without having given consent constitute
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