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 66

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