CASE OF SALIHIĆ v. BOSNIA AND HERZEGOVINA
Violation of Article 5 - Right to liberty and security (Article 5-1 - Procedure prescribed by law)
Carlo Ranzoni
4. The applicant was born in 1951 and lived in Sarajevo. 5. By its decision of 3 August 2004, and at the recommendation of the Sarajevo Psychiatric Clinic (the “Psychiatric Clinic”), the Sarajevo Municipal Court instituted proceedings for the applicant’s placement in a psychiatric facility. 6. On 18 August 2004, the Sarajevo Municipal Court decided to keep the applicant in the Psychiatric Clinic for a maximum of 45 days (counting from the date of his placement, that is 1 August 2004). 7. On 22 September 2004 the Sarajevo Canton Social Care Centre (the “Social Care Centre”) placed the applicant in the Drin Social Care Home (the “Drin Home”). 8. On 7 January 2005, the Sarajevo Municipal Court deprived the applicant of his legal capacity. 9. On 10 March 2005 the Social Care Centre placed the applicant under the guardianship of D.M., one of its employees. Several other employees were subsequently appointed as the applicant’s successive guardians. 10. By its decisions of 25 February 2010 and 25 December 2014, the Social Care Centre decided that the applicant should remain in the Drin Home. 11. On 16 September 2015 the Constitutional Court of Bosnia and Herzegovina (“the Constitutional Court”) held that the applicant’s deprivation of liberty had not been “in accordance with a procedure prescribed by law” within the meaning of Article 5 § 1 of the Convention as he had been held in psychiatric detention without a decision of a competent civil court. It also found that Article 5 § 4 of the Convention had been breached because of the lack of judicial review of the lawfulness of the applicant’s detention. The Constitutional Court ordered the Social Care Centre to take measures to ensure respect for the applicant’s rights under Article 5 §§ 1 and 4 of the Convention. 12. On 7 December 2015, the Sarajevo Municipal Court restored the applicant’s legal capacity. 13. The applicant was released from the Drin Home on 14 December 2015. 14. At the applicant’s request, the Social Care Centre again admitted him to the Drin Home, between 1 January 2016 and 31 March 2016. 15. The applicant requested an extension of his stay in social care, which request was granted on 1 April 2016. The applicant was thus placed in the Social and Health Care Home for Persons with Disabilities and Other Persons (the “Social and Health Care Home”). 16. The applicant died on 26 September 2016, while in the Social and Health Care Home.