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part of the procedure for involuntary hospitalization, and that a decision for involuntary
hospitalization can be based on a referral from a single doctor, frequently a general
practitioner. Furthermore, the Committee notes with concern that a court review of
involuntary hospitalizations is often not in place. In addition, the Committee is concerned
that patients’ consent is not sought with regard to electroconvulsive therapy and that there
is no specific register for recording recourse to that therapy (arts. 2, 12, 13 and 16).
The Committee recommends that the State party amend the Mental Health Act and
pass clear and specific legislation rescinding the provisions governing involuntary
psychiatric hospitalization and treatment, and enacting clear and specific legislation
ensuring basic legal safeguards, such as requiring an independent psychiatric opinion
as part of the procedure regarding the initiation and review of involuntary
hospitalization and ensuring that a meaningful and expedient court review of the
measure of involuntary hospitalization is provided, which includes the possibility for
complaints. The State party should ensure that mental health care and services
provided to all persons deprived of their liberty, including in prisons, psychiatric
hospitals and social institutions, are based on the free and informed consent of the
person concerned. The State party should ensure that any administering of
electroconvulsive therapy to patients deprived of their liberty is based on free and
informed consent. It also recommends the establishment of an independent body to
monitor hospitals and places of detention, including with the authority to receive
complaints.
Violence against women
12.
While appreciating the reply from the representatives of the State party regarding
acceptance of the principle of due diligence with regard to the application of the
Convention, particularly whereby State parties exercise their duty to prevent, investigate,
and punish acts of violence against women and take effective action concerning acts of
violence against women, whether perpetrated by the State, private persons, or armed
groups, the Committee recommends that the State party redouble its efforts to prevent and
eradicate all forms of violence against women (arts. 2, 4 and 16).
The Committee in particular urges the State party to include information about the
prohibition against torture under the Convention in the education and training of law
enforcement and other personnel involved in combating violence against women
including domestic violence and trafficking. It would appreciate receiving information
from the State party concerning the sentences given to persons convicted of rape, and
whether the punishments are commensurate with the gravity of the offence. It also
recommends that the State party adopt legislation with a view to increasing the
number of shelters for victims of violence, including trafficked persons, which should
be allocated appropriate funding and specialized staff.
Training
13.
The Committee is concerned that all police training is monitored, evaluated and
accepted by the National Police Board. It is also concerned that medical personnel who
come into contact with persons deprived of their liberty, asylum-seekers and other aliens
are not systematically trained in the provisions of the Manual on Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (the Istanbul Protocol) (art. 10).
The Committee recommends that all training of public officials be assessed and
evaluated by a qualified independent body such as the envisaged independent
evaluation body attached to the Ministry of Education and Culture which will start
work in 2011. It also recommends that training on the provisions of the Manual on
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