The visit team, checking the reasons for the containment measure and seeing
that the number of containments in 2018 was higher in Pavilion 2 (where patients
with a lower degree of aggressiveness were accommodated) than in Pavilion 1, found
that containment was also enforced in case of attempts to escape (attempts to escape
took place in Pavilion 2, where the patients, unlike the patients in Pavilion 1, spent a
lot of time in the hospital yard). Therefore, it can be said that the containment
measure was also applied with a sanctioning purpose or with a view to changing the
patients’ behaviour, which went against the provisions of art. 39 par. (3) of Law no.
487/2002, republished: the measure of containment cannot be used as a sanction (...)
or to force proper behaviour, as well as relevant CPT Guidelines.
This unit did not enforce the therapeutic isolation of patients, since no
isolation rooms were arranged based on art. 8 par. (4), (5) and (6) of the Enforcement
Guidelines of Law no. 487/2002, republished
Recommendations: ● mechanical containment had to be strictly enforced by
medical staff, respecting the patients’ dignity and rights, since non-qualified workers
supervised hazardous mentally ill patients and could enforce this measure, as well as
the fact that patients were contained in common rooms, in the presence of other
patients; ● Enforcing containment with the observance of the provisions of article 39
paragraph (3) of Law no. 487/2002 republished, based on which the containment
measure cannot be used as a sanction or to force proper behavior, since it was also
enforced in the case of patients who escaped/tried to escape ● Arranging isolation
rooms in compliance with article 8 paragraphs (4), (5) and (6) of the Rules for the
enforcement of Law no. 487/2002, republished.
● the patients were wearing pyjamas (the “Sfanta Maria” Psychiatry Hospital
of Vedea, Arges county). Considering the guidelines of the European Committee for
Prevention of Torture, based on which “the practice to always dress patients in
pyjamas/nightgowns, seen in some psychiatric institutions, does not favour the
reinforcement of personal identity and self-esteem; individual clothing is a part of the
therapy”.
Recommendation: to observe the recommendations of the European
Committee for the Prevention of Torture regarding allowing/encouraging patients to
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