•
Ensure that all professionals and actors involved are educated and trained to
apply properly the UNCRPD standards.
Procedural safeguards and accommodations
•
Appropriate safeguards and measures should be foreseen for persons who are
identified as persons with psychosocial and/or intellectual disabilities and are
vulnerable.
•
These measures should include provision of accessible information, access to a
(free of charge) lawyer (that is trained in communication and other needs of
persons with psychosocial and/or intellectual disability), and accompaniment by
a person of trust. For example, “letter of rights” so that the information is
presented in a simplified and comprehensible manner.
•
Representatives of NGO representing and supporting persons with psychosocial
and/or intellectual disabilities should be allowed to act as persons of trust. This
advocacy should be integrated in the criminal justice system and adequately
supported with necessary staff and funds.
Deprivation of liberty
•
Deprivation of liberty should be a measure of last resort, including in the context
of pre-trial detention, and allowed only in compliance with international human
rights standards in accordance with States’ obligations.
•
The possibility of unlimited deprivation of liberty for persons with intellectual
and/or psychosocial disabilities after the expiry of the security measure (once
they are transferred under the civil law regime) should be abolished.
•
Sufficient and effective remedies during the execution of the deprivation of
liberty should be provided, including appeals and regular automatic reviews that
include mandatory hearing of the person.
•
The law should be amended so that (pre-trial) detainees in forensic psychiatry
unit can access all the rehabilitation activities – implementation of rehabilitation
activities should take place as soon as possible.
57
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