Who?

The decision on whether to cancel or to continue your involuntary placement must be made by the  district court closest to the mental health care institution where you are placed. 

Time

The decision about whether the placement in a mental health care institution is still necessary has to be made speedily. It means that the court has to consider your application carefully and without unjustified delay. 

Procedure

The review process is carried out according to the same procedure as was applied when your involuntary placement was decided for the first time. 

Language

If you do not understand Bulgarian, the court has to provide you with a translator during the court hearing and a translation of the decision in the language you understand without delay. 

Reasoned decision

The court has to examine all the facts that would speak for and against your involuntary placement. In doing this, special diligence should be exercised. The court must issue a well-reasoned decision, especially if it has decided to continue the involuntary placement.

It means that the grounds on why you are to be kept involuntarily must be very clearly explained, and especially why the placement is necessary in your case. The reasons cannot be superficial and generic. The longer you have been placed involuntarily in a mental health care institution, the more thorough and well founded the reasons to prolong your stay should be.

What human rights violation may there be?

If your involuntary placement review process did not comply with the given procedural requirements, it may result in a violation of the right to the liberty and security of a person. 

Resources

Last updated 26/01/2019