CAT/C/BGR/CO/4-5
(b)
By the current and future situation of institutionalized children with mental
disabilities, while noting the envisaged transition from institutional to community-based
care similar to a family environment and the closure of all childcare institutions within 15
years; that 238 children with mental disabilities died in the period 2000–2010, three
quarters from preventable deaths, without a single indictment being made to date in 166
criminal investigations and that two children died recently in similar circumstances in
Medven; that an inspection covering the year 2010 regarding involuntary confinement and
treatment under the Health Act and coercive confinement for treatment under the Penal
Code found no violation in the application of the legislation; that the necessary upkeep and
renovations of existing facilities while the planned deinstitutionalization is being put in
place will not be carried out on the assumption that they are being phased out (arts. 2, 11,
12, 13, 14 and 16).
The Committee recommends that the State party:
(a)
Review legislation and policy of depriving persons with mental
disabilities of their legal capacity, provide legal and procedural safeguards for their
rights and ensure that they have prompt access to effective judicial review of
decisions, as well as effective remedy against violations;
(b)
Evaluate cases on an individual basis and ensure respect for the right to
mental and physical integrity of institutionalized persons and in particular during the
use of restraint and enforced administration of intrusive and irreversible treatments
such as neuroleptic drugs; ensure that their decisions and preferences are taken into
account;
(c)
Take effective measures to regulate the system of guardianship in order
to avoid conflict of interest and situations that amount to forced treatment and de
facto detention;
(d)
Establish close monitoring of placements by judicial organs and by
independent inspection mechanisms to ensure the implementation of safeguards and
international standards, including the Principles for the Protection of Persons with
Mental Illness and for the Improvement of Mental Health Care;
(e)
Provide sufficient numbers of competent professional staff and carry out
the necessary material renovations on facilities, which should be located in large cities
that have hospitals and medical centres;
(f)
Ensure adequate investigation, prosecution, conviction and sanction of
those responsible for the deaths of institutionalized children with mental disabilities;
(g)
Amend and strengthen legislation to enhance accountability and prevent
recurrence and impunity and regulate authorized treatment in institutions, in
particular of persons with mental disabilities. Attention should be paid to the
individual needs of each child and the proper treatment prescribed, in conformity
with the provisions of the Convention;
(h)
Ensure frequent and professional oversight and monitoring by
independent mechanisms, including the national human rights institution and civil
society organizations of all institutions and of the implementation of the
deinstitutionalization, including the acceleration of the deinstitutionalizations in as
short a period of time as possible, in order to maintain a sustainable system of care.
Training
20.
The Committee is concerned that specific training on the provisions of the
Convention, and in particular the absolute prohibition of torture, including sexual violence,
and on the Manual on Effective Investigation and Documentation of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) is not part of
7