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 51

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