Cour européenne des droits de l’Homme
20 janvier 2009
Facts
The applicant had suffered from epilepsy since childhood and had also been diagnosed with schizophrenia and other serious mental disorders. In 2005 he was arrested and detained in various remand centres without psychiatric facilities. On several occasions he was taken to a psychiatric hospital for emergency treatment following hallucinations and suicide attempts. He was twice admitted to psychiatric units for periods of several weeks for observation.
Complaint
The applicant complained about the detention facilities and mentioned overcrowding, insanitary conditions, infestation and a lack of recreational facilities. He also alleged that he received inadequate medical care and treatment and that he should have been held in a proper psychiatric institution instead of a detention facility. He invoked Article 3 of the Convention.
Court’s ruling
The Court held that the detention conditions were not appropriate for ordinary prisoners and even less for a person with mental disorders and in need of specialised treatment. The Court noted that detained persons suffering from a mental disorder were more vulnerable and more susceptible to feel distress, fear, feelings of inferiority and powerlessness. Accordingly, the Court explained that increased vigilance was required in such cases. The authorities' failure during most of the applicant's time in detention to hold him in a suitable psychiatric hospital or a detention facility with a specialised psychiatric ward had unnecessarily exposed him to a risk to his health and must have resulted in stress and anxiety. The Court concluded that the treatment to which he was subjected was inhuman and degrading, and therefore Article 3 of the Convention had been violated.