What are the requirements for lawful involuntarily placement in a mental health care institution?
Lawfulness means that the law clearly explains the situations in which someone could be placed in a mental health care institution against his or her will. The law must explain both the grounds of such a placement and provide a fair and clear procedure.
In Latvia, an involuntary placement in a mental health care institution as a security measure in criminal proceedings will always be related to your criminal case. This decision must be made by the investigative judge or the court that considers your case. The grounds and the procedure for this decision is explained in the Criminal Procedure Law.
Placement allowed by law
Having a law and procedures in place does not always guarantee that the best decision regarding a placement is made. In addition to being allowed by law, the involuntary placement must not be arbitrary. To avoid situations of arbitrary placement, the following things should be considered:
- the person truly has a mental disorder or disability, which is established by a competent authority and there is objective evidence
- the person is accused of a criminal offence
- the person is dangerous to society because he/she allegedly committed a criminal offence and due to his/her mental state
- the decision has to be made following a fair and proper procedure as set out in the Criminal Procedure Law
- the decision on the security measure must clearly state why the person’s condition corresponds to the compulsory placement grounds
- the person must have this mental disorder or disability at the time of the execution of the compulsory placement order; the expertise must not be outdated
- the authorities must not act in bad faith - they must not have hidden or inappropriate reasons for the decision
- the person must be held in a place that is truly meant for keeping people with a mental disorder or disability; in Latvia, this means a mental health care institution
Non-arbitrary placement
If your involuntary placement did not correspond with lawful grounds or did not comply with the procedural requirements set out in the Criminal Procedure Law, or was not properly conducted and adequately justified, it can result in the violation of the right to liberty and the security of a person.
What human rights violation may there be?
If your involuntary placement did not correspond with lawful grounds or did not comply with the procedural requirements set out in the Criminal Procedure Law, or was not properly conducted and adequately justified, it can result in the violation of the right to liberty and the security of a person.