Security measure in a criminal case
If you have committed a criminal offence in a state of mental incapacity, the court frees you from criminal liability and may order compulsory medical treatment away from or within a mental health care institution. Whilst waiting for the court’s decision, the investigative judge or the court may also order your stay in a mental health care institution as a security measure.
Involuntary placement & Human rights
Human rights state that placement in a mental health care institution as a security measure is a form of detention. It deprives a person of physical liberty and can interfere with private and family life. It is also a very strict security measure and should not be applied frivolously.
You should not be placed in a mental health care institution frivolously and without a very good reason. In other words, the placement must not be unlawful. It is also important that when placed in a mental health care institution, you are treated with respect, receive adequate medical treatment and are held in humane and suitable conditions.
Resources
Articles 93 - 96
Article 2, 3, 5 (1) e), 8
Articles 6, 7, 9, 17
22 September 2004
27 August 2013
CPT/Inf (2017) 16
13 March 1993
16 December 2014
17 December 1991