• Author: ECtHR


In view of the parties’ disagreement on the matter, the Court is prepared to accept that the applicant’s hospitalisation was based exclusively on medical reasons; however, although the applicant had previously been hospitalised in a psychiatric institution on one previous occasion, there is no evidence in the file that she had ever tried to harm herself or others. Moreover, the fact that she was discharged with the same diagnosis as upon her hospitalisation raises serious doubts as to the necessity of the impugned measure for the purposes of Article 5 § 1 (e). Lastly, the Government have not put forward any convincing arguments as to why the applicant’s condition could not have been treated and monitored without her being deprived of her of her liberty. 154. Having regard to the foregoing, the Court observes that the applicant’s deprivation of liberty was not justified under sub-paragraph (e) of Article 5 § 1. Furthermore, the Government have not indicated any other grounds listed in sub-paragraphs (a) to (f) which might have justified the deprivation of liberty in issue in the present case.

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