persons with intellectual or psychosocial disabilities have been deemed unfit
to stand trial, or declared not responsible for their criminally relevant actions,
they are usually diverted to a forensic facility or civil institutions. Frequently,
in these facilities, they will have less access to procedural guarantees than
others in the criminal justice system and be subjected to forced interventions,
solitary confinement and restraint. In such facilities, they are also subject
to stricter regimes, and have less access to recreational, educational and
health services than those available in mainstream prisons, as well as fewer
procedural guarantees. The criterion of “dangerousness” is usually used to
assess the need for imposition of these security measures. Police and social
services may also act as diversion agents and are in many cases entitled to
initiate involuntary hospitalization.” [20]
• “Persons with disabilities deprived of their liberty are invariably placed into
an extremely vulnerable position. They are at serious risk of sexual and
physical violence, sterilization and human trafficking. They also experience
a higher risk of being subjected to torture and inhuman and degrading
treatment, including forced medication and electroshock, restraints and
solitary confinement. They are even denied medical care and left to die.
Moreover, persons with disabilities deprived of their liberty are often
formally stripped of their legal capacity, without opportunities to challenge
the deprivation of liberty, and in the long run invisible and forgotten by the
wider community. Indeed, due to the mistaken belief that those practices are
benevolent and well intentioned and do not constitute deprivation of liberty,
the situation of persons with disabilities deprived of their liberty is hardly
monitored by national preventive mechanisms or national human rights
institutions.” [24]
• “Deprivation of liberty involves a more severe restriction on physical freedom
than mere interference with liberty of movement. Individuals are deprived
of their liberty when they are confined to a restricted space or placed in
an institution or setting, not free to leave, and without free and informed
consent. Examples of deprivation of liberty include police custody, pretrial
detention, imprisonment after conviction, house arrest, administrative
detention, involuntary hospitalization, and placement of children in
institutional care. They also include certain further severe restrictions on
liberty, for example, solitary confinement or the use of restraints.” [40]
• “The deprivation of liberty on the basis of impairment is a human rights
violation on a massive scale. Persons with disabilities are systematically
placed into institutions and psychiatric facilities, or detained at home
and other community settings, based on the existence or presumption of
having an impairment. They are also overrepresented in traditional places
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