Newsletter

2021

Cases Reported

Association for the Defence of Human Rights in Romania – Helsinki Committee on behalf of Ionel Garcea v Romania 1
Issue: Whether a death in custody of a prisoner with psychiatric disorders who had self-harmed breached Art 2 ECHR in its substantive and procedural limbs.
 
Salihić v Bosnia and Herzegovina 10
Issue: Whether detention in a care home was in breach of Art 5(1) ECHR; whether the application should continue after the death of the applicant; whether it was admissible as it was lodged before a ruling of the Constitutional Court which ruled in his favour; whether just satisfaction should be awarded.
 
Čutura v Croatia 13
Issue: Whether detention in a psychiatric hospital was in breach of Art 5(1) ECHR in light of inadequate legal representation.
 
Nikolyan v Armenia 21
Issue: Whether proceedings to remove legal capacity were fair for the purposes of Art 6(1) ECHR; whether the loss of legal capacity breached Art 8; whether actions by the guardian to terminate existing proceedings breached Art 6; whether the lack of direct access to a court to seek to reinstate legal capacity breached Art 6.
 
LR v North Macedonia 37
Issue: Whether the inappropriate placement of a child with mental and communication impairments in an institution for those with physical disabilities, which led to him being tied to a bed regularly, breached Art 3 ECHR; whether the investigation carried out was adequate for the purposes of the procedural obligation under Art 3.
 
Kocherov and Sergeyeva v Russia 58
Issue: Whether restrictions on parental authority based on mental disability and past institutionalisation breached Arts 8 and/or 14 ECHR.
 
Vershinin v Russia 76
Issue: Whether there was sufficient evidence to justify detention under Art 5(1)(e) ECHR.
 
AL v Russia 79
Issue: Whether detention in a psychiatric hospital was in breach of Arts 5(1) and (4) ECHR; whether guardianship arrangements breached Art 8.
 
Dogotar v Republic of Moldova 84
Issue: Whether detention ordered to assess fitness to stand trial was lawful for the purposes of Art 5(1)(e) ECHR.
 
Cînța v Romania 87
Issue: Whether limitations on contact between a father and his daughter based on his mental disorder breached Art 8 ECHR and Art 14 with Art 8.
 
AD’A v Cornwall Partnership NHS Trust 101
Issue: Whether a Tribunal hearing sought by a patient when detained under s3 Mental Health Act 1983 can continue if the patient is placed under guardianship under s7.
 
GM v Dorset Healthcare NHS Trust and Secretary of State for Justice 107
Issue: Whether a reference to a Tribunal in relation to a patient detained under s3 Mental Health Act 1983 can continue if the patient is made subject to a hospital order under s37 before the reference is heard.
 
Thomas Westwood v R 112
Issue: Whether an extended sentence combined with an order under s45A Mental Health Act 1983 for manslaughter by reason of diminished responsibility should be replaced by orders under ss37/41 of the 1983 Act.
 
In re W (GRB) 129
Issue: Whether a person found unfit to stand trial but to have committed the act of murder was precluded from receiving pension benefits referable to the victim, his wife, by reason of the forfeiture rule.
 
SM v Livewell Southwest CIC 131
Issue: The test of capacity to apply to a Tribunal for discharge from detention under the Mental Health Act 1983 and the approach to be adopted by a Tribunal if the issue was raised.
 
Cameron John Cleland v R 147
Issue: Whether a sentence of life imprisonment should be replaced by orders under ss37/41 Mental Health Act 1983
 
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