What are your basic rights in the involuntary placement procedure?
You must not be excluded from the procedure where decisions are made about you. You have various basic rights in the procedure where a judge is deciding whether to place you in a mental health care institution for a forensic psychiatric assessment.
Presence and participation
You have the right to be present in person at the hearing where the court is deciding on your placement in a mental health care institution for a forensic psychiatric assessment. Your presence or in case your condition does not allow your presence the presence of your attorney-at-law is obligatory. You (if your health condition permits) and your attorney-at-law have the right to express your opinion during the hearing.
Attorney-at-law
You have the right to have your attorney-at-law present at the hearing. If you don’t have the financial resources, an attorney-at-law will be provided and paid for by the state.
Language
If you do not understand and/or speak Bulgarian, the investigative judge or the court has a duty to arrange a state paid translator during the hearing. You also have the right to receive a translation of the decision in the language you understand without delay.
Appeal
You have the right to appeal the decision on your placement in a mental health care institution for an assessment. You can submit the appeal before the upper court if you believe that there is a fault in the facts or in the legal reasoning, or if any of your fundamental rights were not respected. The procedure for how to appeal is explained in the Criminal Procedure Code. It is very important to observe the time limits allowed for appeals. In this case it is 3 days.
Reasoned decision
The court has to examine all the facts that would speak for and against your placement in a mental health care institution for an assessment. Special diligence should be exercised in doing this. The court must issue a well-reasoned decision, especially if he or she has decided to grant the placement for an assessment. It means that the grounds on which you will be placed in a mental health care institution must be very clearly explained and why it is necessary in your case specifically. The reasons cannot be superficial and generic.
What human rights violation may there be?
If your rights in the decision making process are not respected, it may result in an unlawful or arbitrary placement in a mental health care institution and violate the right to liberty and the security of a person.