CYIL vol. 8 (2017)

PETR ŠUSTEK CYIL 8 ȍ2017Ȏ of staff. 41 Also staffing levels “appeared to be generally adequate”. 42 Also patients’ living conditions were found to be “generally satisfactory”. 43 The delegation’s overall impression of the psychiatric treatment in Kosmonosy was “generally positive”. 44 The CPT expressed certain concerns regarding, among others, the anti-androgen treatment of sex offenders or the use of a so-called “pyjama regime”. However, the CPT also analysed the overall situation of involuntary hospitalizations. It found that all the civil law “requirements were respected in practice and that patients were represented by a lawyer throughout the involuntary placement proceedings“. 45 The CPT is also pleased with the new provision of Section 100 of the Civil Code which “expressly sets out the general principle that the approval by the court of an involuntary placement in a health-care institution does not deprive the patient of his/her right to refuse a particular medical intervention“. 46 With regards to the penal measure of protective treatment, the CPT recommends replacing a facultative commissioning of an independent expert opinion in the context of the biennial review of the treatment with a mandatory commissioning of such expert opinion. 47 The CPT also recommends that the requirements for informed consents are always met in practice and “in cases where the mental state, including alcohol or drug intoxication, prevents a person from making a valid statement, the request should be postponed until the person is in a suitable mental state.“ An effective complaint procedure is described as „a basic safeguard against ill-treatment in psychiatric establishments“. Therefore, „[s]pecific arrangements should exist to enable patients to lodge formal complaints with a clearly designated body and to communicate on a confidential basis with an appropriate authority outside the establishment“. 48 Even though the CPT Report mentioned partial concerns, it does not address the practice of involuntary hospitalization and institutionalization of psychiatric patients and persons with intellectual disabilities itself. Regarding the legal safeguards of involuntary placement, the CPT concluded the requirements of law (as described above in this paper) were respected in practice. 49 The Czech Government issued its official Response to the CPT Report on 26 August 2015. 50

41 Ibid ., p. 63. 42 Ibid ., p. 65. 43 Ibid ., p. 64. 44 Ibid ., p. 65. 45 Ibid ., p. 72.

46 On the other hand, the CPT noted that the imposition of the penal measure of protective treatment was interpreted, in accordance with Section 88 (1) of the Act on specific health services, „as an obligation by the patient to accept any treatment connected with the measure, including antiandrogen treatment“. 47 Council of Europe. Report to the Czech Government on the visit to the Czech Republic carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 1 to 10 April 2014, p. 73. accessed 28 April 2017. 50 Response of the Czech Government to the report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on its visit to the Czech Republic from 1 to 10 April 2014. accessed 28 April 2017. 48 Ibid., p. 74. 49 Ibid., p. 72.

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