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CPT’s Jurisprudence on Capacity and Incapacity of People in Detention

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Abstract

The Committee for the Prevention of Torture and Inhuman Treatment (CPT) is a body of the Council of Europe that organises visits to places of detention such as psychiatric hospitals and social care homes, in order to asses how persons deprived of their liberty are treated. Since the number of patients with limited capacity in psychiatry is substantial (45%, Lepping P., Stanly T., Turner J., 2015), it is crucial to explore how limited capacity is addressed in assessments of the CPT and its recommendations to CoE member states. The study was done by collecting and analysing data concerning adult capacity/incapacity from the CPT’s reports and documents published since 2012.
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