–7–
F.
Safeguards in the context of involuntary placement
51.
On account of their vulnerability, the mentally ill and mentally handicapped warrant much
attention in order to prevent any form of conduct - or avoid any omission - contrary to their wellbeing. It follows that involuntary placement in a psychiatric establishment should always be
surrounded by appropriate safeguards. One of the most important of those safeguards - free and
informed consent to treatment - has already been highlighted (cf. paragraph 41).
the initial placement decision
52.
The procedure by which involuntary placement is decided should offer guarantees of
independence and impartiality as well as of objective medical expertise.
As regards, more particularly, involuntary placement of a civil nature, in many countries the
decision regarding placement must be taken by a judicial authority (or confirmed by such an
authority within a short time-limit), in the light of psychiatric opinions. However, the automatic
involvement of a judicial authority in the initial decision on placement is not foreseen in all
countries. Committee of Ministers Recommendation N° R (83) 2 on the legal protection of persons
suffering from mental disorder placed as involuntary patients allows for both approaches (albeit
setting out special safeguards in the event of the placement decision being entrusted to a nonjudicial authority). The Parliamentary Assembly has nevertheless reopened the debate on this
subject via its Recommendation 1235 (1994) on psychiatry and human rights, calling for decisions
regarding involuntary placement to be taken by a judge.
In any event, a person who is involuntarily placed in a psychiatric establishment by a nonjudicial authority must have the right to bring proceedings by which the lawfulness of his detention
shall be decided speedily by a court.
safeguards during placement
53.
An introductory brochure setting out the establishment's routine and patients' rights should
be issued to each patient on admission, as well as to their families. Any patients unable to
understand this brochure should receive appropriate assistance.
Further, as in any place of deprivation of liberty, an effective complaints procedure is a
basic safeguard against ill-treatment in psychiatric establishments. Specific arrangements should
exist enabling patients to lodge formal complaints with a clearly-designated body, and to
communicate on a confidential basis with an appropriate authority outside the establishment.
54.
The maintenance of contact with the outside world is essential, not only for the prevention
of ill-treatment but also from a therapeutic standpoint.
Patients should be able to send and receive correspondence, to have access to the telephone,
and to receive visits from their family and friends. Confidential access to a lawyer should also be
guaranteed.
55.
The CPT also attaches considerable importance to psychiatric establishments being visited
on a regular basis by an independent outside body (eg. a judge or supervisory committee) which is
responsible for the inspection of patients' care. This body should be authorised, in particular, to talk
privately with patients, receive directly any complaints which they might have and make any
necessary recommendations.