On June 4, 1982 M.J.R. , a minor, accused of aggravated murder, was declared unpunishable by law by the National Criminal Examining Court of First Instance number 16, which determined he had to remain in hospital as a safety measure. On July 11, 1983, the advisor on minors filed a process of disability to the …Read more

The applicant, Mr. Shtukaturov, was born in 1982 and first began showing signs of mental illness in 2002. In August 2002, he was held for approximately 8 months in a psychiatric hospital, receiving a diagnosis of simple schizophrenia. On August 3, 2004, Shtukaturov’s mother petitioned the Vasileostrovskiy District Court of St. Petersburg, claiming that her …Read more

Ablamskiy, Lobashova and Matveev were approved for compulsory medical treatment or institutionalization after psychiatric examinations, and were thus not allowed to appeal their compulsory medical measures or participate in their criminal proceedings. They argued that the procedural rules governing the due process rights of individuals declared mentally incompetent were unconstitutional under the Constitution of the …Read more

Mr. Sestan had depression and bipolar/schizoaffective disorder, which included manic stages where he would be psychotic. He had been admitted to hospital for his condition numerous times. After a suspected manic episode where Mr. Sestan attempted to force another car off the road and bought two apartment, Mr. Sestan went to the emergency department for …Read more

Damião Ximenes-Lopes, a person with mental illness, was hospitalized for psychiatric treatment at a private psychiatric clinic that operated within Brazil’s public health system. Ximenes-Lopes died three days following hospitalization while undergoing psychiatric treatment. He endured “inhuman and degrading” conditions and died under violent circumstances in the hands of hospital staff. Ximenes-Lopes’ sister filed a …Read more

The Applicant was an HIV-positive man who had sex with men. He had transmitted HIV to another, younger man through a sexual encounter prior to his diagnosis. He was subsequently instructed by the county medical officer, among other things, not to have sexual intercourse without first disclosing to his partner that he was HIV-positive, to …Read more

The applicant, Ms. Kolanis, was convicted of a crime and found to be suffering from mental illness pursuant to the Mental Health Act 1983. Her application to reside at home was upheld by the Tribunal, which ordered her conditional discharge provided she live at home with her parents, be supervised by a social worker and …Read more

H challenged the provision of the Mental Health Act 1983 under which she was detained as incompatible with her right to liberty and security under Human Rights Act 1998. H was a 32-year old woman who was severely disabled by Down’s syndrome. H’s mother intensely distrusted health and social services, and refused on many occasions …Read more

Colonel Munjaz sought judicial review of Mersey Care NHS Trust’s (Mersey Care) policy on the seclusion of patients detained at the hospital. He claimed that the policy violated both domestic law and the European Convention on Human Rights (ECHR), as incorporated into United Kingdom law by the Human Rights Act 1998 (HRA). Colonel Munjaz was …Read more

Applicant, a German national, alleged violations under Article 5 (right to liberty and security of person), Article 6 § 1 (right to a fair hearing) and Article 8 (right to respect for his private and family life) of the European Convention on Human Rights concerning her involuntary placement and medical treatment in a private clinic …Read more