Case-law on Right to Liberty and Security (ECHR art. 5)
Files
M.S. v. Croatia (No. 2)
Application No: 75450/12; 19.02.2015: Unnecessary physical restraint for 15 hours in psychiatric hospital and lack of investigation into alleged ill-treatment (violation of ECHR art. 3); Lack of effective legal representation in proceedings concerning applicant’s confinement in a psychiatric hospital (violation of ECHR art. 5/1(e))
Ruiz Riviera v. Switzerland
Application No: 8300/06; Judgment: 18.02.2014: Lack of a fresh independent medical opinion on a detainee’s mental health when examining a request for his release from detention (violation of art. 5/4)
Shtukaturov v. Russia
Application No: 44009/05; Judgment: Deprivation of legal capacity (violation of ECHR art. 8); fairness of proceedings for an order depriving a patient suffering from borderline mental illness of his legal capacity (violation of ECHR art. 6) and inability of the patient to challenge that order or his subsequent confinement in a psychiatric hospital (violation of ECHR art. 5)