Who?
The decision on whether to cancel or to continue your stay in a mental health care institution for a forensic psychiatric assessment must be made by the investigative judge, or the court which considers your case.
Time
The decision about whether your stay in a mental health care institution is still necessary has to be made speedily. It means that the investigative judge or the court has to carefully consider your application without unjustified delay. When making a decision on your stay in a mental health care institution, the investigative judge and the court has to follow the procedure prescribed by the Criminal Procedure Law.
Reasoned decision
The court has to examine all the facts that would speak for and against your placement in a mental health care institution. In doing this, special diligence should be exercised. The court must issue a well-reasoned decision, especially if it has decided to continue the stay in the mental health care institution. This means that the grounds on which you will be kept in the mental health care institution must be very clearly explained and especially why this is necessary in your case. The reasons cannot be superficial and generic. The longer you have been in a mental health care institution, the more thorough and well founded the reasons for prolonging your stay there should be.
Appeal and resubmission
You cannot appeal the review decision. It is because you have the right to ask for a repeated review of the decision on your placement in a mental health care institution for an assessment at any time.
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 the security of a person.