considerable degree) to make judgments when engaging in behavior that may
endanger public safety. The NHRC notes that Article 121-2, Paragraph 1 of the
draft amendments does not clearly define the criteria for identifying
“circumstances sufficient to believe that the individual in question may endanger
public safety, making such emergency measures necessary.” Additionally,
because the above paragraph include the situation of “circumstances sufficient to
believe that the person in question may repeat the offense or endanger public
safety,” the NHRC recommends that the circumstances be clearly defined when
the law is amended. Pursuant to Point 13 of the Guidelines on the Right to Liberty
and Security of Persons with Disabilities adopted by the UN Committee on the
Rights of Persons with Disabilities, it is contrary to Article 14 of the CRPD to
allow for the detention of persons with disabilities based on the perceived danger
of persons to themselves or to others. Additionally, Point 19 of the Guidelines on
the Right to Liberty and Security of Persons with Disabilities stressed the
necessity to implement monitoring and review mechanisms, with the
participation of disabled persons and organizations representing them, in relation
to persons with disabilities deprived of their liberty. However, Article 121-1,
Paragraph 3 of the draft amendments stipulates a pre-trial emergency disposition
of custody of one year, and that the disposition of custody may be extended every
six months for a maximum of five years. It is clear that five years substantially
exceeds the mandatory hospitalization period of two months indicated in the
MHA as well as the duration of detention of an accused suspect indicated in the
Code of Criminal Procedure. The NHRC contends that despite the draft
amendments fulfilling the principle of retention for judges’ decision, their
supporting mechanisms do not involve independent agencies, persons with
disabilities, and disabled persons’ organizations. Thus, the NHRC recommends
that supporting mechanisms in compliance with the CRPD be added when the
law is amended.
Article 15: Freedom from torture and cruel, inhuman, or degrading treatment or
punishment
74.
Article 79 of the Medical Care Act states that when conducting human research
that is beneficial to the health of specific population or patients with special
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