The fact that a psychiatric institution does not have a high security unit in which the measure
of involuntary medical treatment should be performed may not be one of the reasons for the
use of means of physical restraint on patients. Considering the CPT's view concerning the use
of means of physical restraint in psychiatric institutions and the European Court of Human
Rights' view expressed in the judgment Bureš v. the Czech Republic (2012), means of
physical restraint should be used only as a matter of last resort, for the shortest time possible,
in cases when other means of trying to calm down the agitated and/or violent patient had been
unsuccessfully tried. Moreover, means of physical restraint should never be applied only
because that is convenient for health care workers (e.g. because of the lack of nurses in the
ward, etc.) or as a means of coercion, discipline or punishment. As a consequence, for the
purpose of preventing any future use of means of physical restraint because a psychiatric
institution does not have a high security unit, it was recommended to the Ministry of Health
that the conditions regarding premises, staffing and medical and technical equipment, which
must be complied with by all health institutions or their units for specialist-consultative and
hospital treatment in the field of psychiatry, which carry out involuntary confinement and
involuntary placement of persons with mental disorders, should be prescribed in the
Ordinance on the minimum conditions regarding premises, staffing and medical and technical
equipment needed to provide health services. Until the time of drafting this report, although
the period for response has expired, no feedback information regarding this recommendation
was received.
We submitted a recommendation to the Ministry of Justice to consider reinstating the
protective measure of mandatory psychiatric treatment in the Misdemeanour Act, because its
deletion created a legal void. The protective measure of mandatory psychiatric treatment
could have been applied only towards an offender who committed a misdemeanour in the
condition of significantly reduced sanity, provided that there was a danger that the reasons for
this condition could also instigate the committal of a new misdemeanour in the future. It is
important to keep in mind that this refers to involuntary treatment, and not involuntary
placement i.e. hospitalisation.
Furthermore, some complainants also complained about involuntary taking of
psychopharmaceutical medications. In doing so they called upon the patients' right of codecision provided by the Act on the Protection of Patients’ Rights, that is, the right to accept
or refuse a particular diagnostic or medical procedure. Moreover, the patient's right to codecision may be limited only exceptionally, when it is justified by his/her health status and in
cases and ways specifically determined by the Act on the Protection of Patients’ Rights.
Patients have the right to accept or refuse a particular diagnostic or medical procedure, except
in cases of emergency medical interventions whose non-performance would endanger the life
and health of a patient or lead to permanent damage to his/her health, which is what
psychiatric institutions are invoking in these cases. Although it could be concluded that
involuntary psychopharmacological therapy refers only to patients who are involuntarily
hospitalised, we have also received information which may suggest involuntary medication in
cases where no involuntary hospitalisation was involved.