A/HRC/45/16/Add.1
enable the institution to fully comply with the Convention on the Rights of Persons with
Disabilities.
96.
However, psychiatric clinics and units within hospitals continue to receive many
involuntary admissions; indeed, approximately 60 per cent of admissions to Dromokaiteio
Psychiatric Hospital are involuntary. According to the Ministry of Health, out of a total
21,500 cases of psychiatric hospitalization in 2018, 8,300 were involuntary commitments.
97.
The procedure for involuntary admission is problematic in several respects,
including the fact that police officers are frequently required, by order of the Public
Prosecutor, to arrest persons who have been reported by relatives or neighbours to have a
psychosocial disability, rather than the detention being carried out by appropriately
qualified medical personnel. Additionally, according to Law No. 2071/1992, following an
assessment of the mental health of such individuals, a court must consider the involuntary
admission within 10 days. However, lengthy delays are reportedly common, and when the
matter is heard, the proceedings are usually not conducted in the presence of the individual
concerned or of his or her legal counsel. Lastly, while involuntarily admitted individuals are
given a statement of their rights upon admission, they frequently do not have access to a
lawyer to challenge their mental health assessment, either because they do not have the
capacity to contact legal counsel themselves or because they are unaware of or unable to
understand this right.
98.
A draft law is currently being developed in relation to the deprivation of liberty of
persons with psychosocial disabilities, and the Working Group urges the Government to
address these issues as part of the development of that legislation. Such reforms could
include the automatic release of involuntarily admitted individuals if their case cannot be
reviewed by the courts within the statutory deadline of 10 days, and ensuring that a
guardian is appointed in cases where the individual does not have the capacity to represent
him or herself or is unable to seek the assistance of a lawyer.
99.
Reportedly, some individuals are detained involuntarily for prolonged periods, in
some cases for years. This is often because the individuals have no family or other
community support. While this can be a means of providing care, such cases must remain
under regular review by the courts so that involuntary admission does not become indefinite
deprivation of liberty against the will of the individual concerned.
100. Lastly, the Working Group was informed that the legal basis for the involuntary
admission of persons with psychosocial disabilities to private clinics was unclear owing to
the absence of a ministerial decision covering private facilities. It is important that this gap
in the law is addressed promptly, given the increasing use of private clinics. The Ministry
of Health should also conduct regular visits to all places where persons with psychosocial
disabilities are held to monitor the length and conditions of involuntary admission and to
bring cases that may amount to arbitrary deprivation of liberty to the attention of the Public
Prosecutor and the courts. In this regard, the Working Group urges the authorities to visit
the Athina Vrilissia Psychiatric Clinic as a matter of priority to ensure that the conditions in
which persons are housed are significantly improved, and that the length of time of all
admissions is closely monitored.
V. Conclusions
101. The Working Group commends the Government for its willingness to submit
itself to scrutiny through the visit, and considers that the findings in the present
report will support the Government in addressing situations of arbitrary deprivation
of liberty.
102. Positive changes are being made across Greece in relation to the deprivation of
liberty, including the ratification of the Optional Protocol to the Convention against
Torture, the designation of the Greek Ombudsman as the national preventive
mechanism, the introduction of alternatives to detention into legislation, and the use of
provisions allowing for early release.
16
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