Постановление Европейского суда по правам человека от 22.04.2010 «Дело Бик (Bik) против России» [англ.]

tal deterioration in the absence of psychiatric treatment (Article 23 of the Act).
20. In the event of (b) or (c) above, a psychiatrist may decide to conduct psychiatric assessment without the person's consent, subject to prior judicial approval (Article 24 of the Act).
21. In the event of (a), (b), or (c) above, a person may be admitted to a hospital against his or her will if he or she is suffering from a severe mental disorder and requires psychiatric examination and treatment in a psychiatric hospital (Article 29 of the Act).
22. A person admitted against his or her will should be assessed within 48 hours by a psychiatric panel. Should the panel decide to keep the person in hospital, they should file a request to that effect with the judge within 24 hours, together with a supporting medical report (Article 32 of the Act).
23. The judge must then consider the request within 5 days (Article 34 § 1 of the Act). He or she must also authorise the person's continued hospitalisation pending the consideration of the matter by the court (Article 33 § 3 of the Act).

2. The Russian Code of Civil Procedure of 11 June 1964
as amended (the "old CCP")

24. The old CCP did not set forth special rules governing committal to a psychiatric hospital.

B. Computation of periods of time established by law
or prescribed by civil courts

25. A period of time expressed as a number of years shall expire on the relevant day and month of the last year of that period. A period of time expressed as a number of months shall expire on the relevant day of the last month of that period. If the last day of the period of time falls on a non-working day, the next closest working day shall be considered as the last day of that period (Article 101 of the old CCP and Article 108 §§ 1 and 2 of the new Code of Civil Procedure of 1 February 2003 as amended).

THE LAW

I. Alleged violation of Article 5 § 1 (e) of the Convention

26. The applicant complained that his committal to the psychiatric hospital from 14 to 27 June 2002 against his will had been unlawful. The Court considers that the complaint falls to be examined under Article 5 § 1 (e) of the Convention, which reads as follows:
"1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
...
(e) the lawful detention... of persons of unsound mind..."
27. The Government contested that allegation. They considered that the applicant's placement in the psychiatric hospital had been in full compliance with the applicable domestic laws. When the applicant refused, on 14 June 2002, to stay voluntarily in hospital, at noon the same day a psychiatric panel had examined him and found that his condition warranted further hospitalisation. According to the Government, the hospital administration had been unable to file the application for judicial authorisation for the applicant's continued hospitalisation on the same day because of the substantial amount of time necessary to prepare such an application. As 14 June 2002 was a Friday, it had not been possible to apply to the court during the weekend since it was closed. Accordingly, the application had been filed on 17 June 2002, that is the first working day after the weekend of 15 and 16 June 2002. The Government opined that the hospital had acted in accordance with the applicable rules of civil procedure, notably Article 108 of the Code of Civil Procedure of the Russian Federation, which permitted such a delay in lodging an application should the prescribed time-limit expire on a non-working day.
28. The applicant maintained his complaint.

A. Admissibility




> 1 2 3 4 5 ... 6

	Поделиться:	Tweet