–8–
discharge
56.
Involuntary placement in a psychiatric establishment should cease as soon as it is no longer
required by the patient's mental state. Consequently, the need for such a placement should be
reviewed at regular intervals.
When involuntary placement is for a specified period, renewable in the light of psychiatric
evidence, such a review will flow from the very terms of the placement. However, involuntary
placement might be for an unspecified period, especially in the case of persons who have been
compulsorily admitted to a psychiatric establishment pursuant to criminal proceedings and who are
considered to be dangerous. If the period of involuntary placement is unspecified, there should be
an automatic review at regular intervals of the need to continue the placement.
In addition, the patient himself should be able to request at reasonable intervals that the
necessity for placement be considered by a judicial authority.
57.
Although no longer requiring involuntary placement, a patient may nevertheless still need
treatment and/or a protected environment in the outside community. In this connection, the CPT has
found, in a number of countries, that patients whose mental state no longer required them to be
detained in a psychiatric establishment nevertheless remained in such establishments, due to a lack
of adequate care/accommodation in the outside community. For persons to remain deprived of their
liberty as a result of the absence of appropriate external facilities is a highly questionable state of
affairs.
G.
Final remarks
58.
The organisational structure of health-care services for persons with psychiatric disorders
varies from country to country, and is certainly a matter for each State to determine. Nevertheless,
the CPT wishes to draw attention to the tendency in a number of countries to reduce the number of
beds in large psychiatric establishments and to develop community-based mental health units. The
Committee considers this is a very favourable development, on condition that such units provide a
satisfactory quality of care.
It is now widely accepted that large psychiatric establishments pose a significant risk of
institutionalisation for both patients and staff, the more so if they are situated in isolated locations.
This can have a detrimental effect on patient treatment. Care programmes drawing on the full range
of psychiatric treatment are much easier to implement in small units located close to the main urban
centres.