CASE OF V.K. v. RUSSIA
Violation of Article 5 - Right to liberty and security (Article 5-1 - Deprivation of liberty;Procedure prescribed by law);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)
Alena Poláčková;Branko Lubarda;Dmitry Dedov;Georgios A. Serghides;Helena Jäderblom;Luis López Guerra;Pere Pastor Vilanova
6. The applicant was born in 1946 and lives in St Petersburg. 7. According to the applicant’s medical history he has suffered from various mental conditions since 1979 and has been admitted to hospital and treated in various psychiatric facilities several times. The applicant’s records contain information on alcohol abuse, suicide attempts, threats of violence against neighbours and medical professionals, and about a number of organic, psychiatric and personality disorders, including psychosis and paranoia. 8. Between 1998 and 2007 the applicant was taken to hospital at least six times following suicide attempts, alcohol-induced paranoia, claims of unspecified murder threats, claims about explosives planted in various public places and threats to neighbours that he would blow up a petrol canister. 9. According to a report issued on 29 March 2007 by the local ambulance service the applicant called for emergency assistance at his home twelve times in March 2007 (five times on 28 March 2007 alone). On each occasion there was no apparent reason for the call. The applicant behaved aggressively towards medical personnel, made sexual advances to female doctors and consumed alcohol in their presence. The service requested a police escort for further visits to his address. They stated that visits to the applicant meant there were delays in providing assistance to people who were in genuinely life-threatening situations and presented a danger to ambulance staff. 10. According to a police report of 2 April 2007 the applicant contacted the police three times in two days alleging that nomadic tribes had attacked him, that he had found an unexploded Second World War shell, and that explosives had been placed at an industrial facility. The applicant’s alerts were acted upon and found to be groundless. 11. On 3 April 2007 the applicant was admitted without his consent to St Petersburg Psychiatric Hospital no. 3 (Психиатрическая больница № 3 г. Санкт-Петербурга) (“the hospital”). The grounds for his admission were repeated, groundless telephone calls to the police about the presence of explosives at an industrial facility, a series of calls to the emergency medical services with offers of sexual services to female doctors, as well as threats of violence against ambulance staff. The applicant refused to be treated or admitted to hospital voluntarily. 12. On the same day a panel composed of the hospital’s resident psychiatrists examined the applicant and his medical history and diagnosed him with an organic mental disorder coupled with a psychiatric and paranoid personality disorder. The panel also found that the applicant was a danger to himself and others and that there was a risk of significant damage to his health due to the likely deterioration or aggravation of his psychiatric condition in the absence of psychiatric assistance. The relevant parts of the panel’s report read as follows: “The patient had a habit of intoxicating himself heavily with alcohol, and suffered from a cranial trauma. Psychiatric disorders since 1979. Clinical history [shows] behavioural problems including affective instability, querulous ideas about his own relevance and persecution amounting to delusions. [He] has been frequently treated in psychiatric facilities owing to aggressive and auto-aggressive habits in the context of acute morbid emotional experiences. Admissions to hospital were, as a rule, ‘involuntary’. In the course of clinical development the organic defects have become predominant manifesting themselves through circumstantiality, a coarsening of emotions, and the exacerbation of his querulous tendencies. The current admission is due to inappropriate behaviour: informed the police that explosives had been planted somewhere, conflicts with [nomadic tribes], called for emergency medical services and when they arrived threatened the personnel, behaved improperly towards women. During examination – fully aware of his surroundings, answers questions in detail. ‘Ingratiating’. Believes that he is being persecuted by police because he is ‘a person of the Stalinist era, and they do not want to work’, shows an uncritical attitude towards [his] own behaviour, does not correct ideas of own relevance and persecution. Denies perceptual illusions. Having regard to the lack of a critical attitude towards his improper behaviour, the presence of ideas about his own relevance and persecution, [it] can be concluded that he falls under section 29 (a) and (c) of the Law of the Russian Federation on Psychiatric Assistance and Guarantees of Citizens’ Rights Related to Its Administration of 1992 (“the Psychiatric Assistance Act 1992”).” 13. On 4 April 2007 the hospital applied for a court order for the involuntary placement of the applicant in a hospital under section 29 (a) and (c) of the Psychiatric Assistance Act 1992 as the applicant was a danger to himself and others and risked significant damage to his health from a likely deterioration or aggravation of his condition if there was no psychiatric treatment. 14. On 9 April 2007 the Primorskiy District Court of St Petersburg (Приморский районный суд г. Санкт-Петербурга) granted the application to admit the applicant to hospital without his consent. The hearing was attended by the applicant, a court-appointed lawyer, Mrs L., the psychiatrists, and the prosecutor. During the hearing the District Court examined the applicant’s medical history and heard the testimony of the psychiatrists, who referred to severe alcohol abuse, erratic behaviour, frivolous calls to the police, and threatening conduct towards medical personnel. The trial record indicates that during the hearing the applicant claimed that informing the police about the alleged presence of explosives at a factory was his civic duty, complained about hospital regime and facilities and referred to his friendship with certain media personas in Russia. The relevant parts of the court order authorising the applicant’s treatment read as follows: “... The recommendation for admission to hospital was issued ... due to the presence of a severe psychiatric disorder, which can cause significant damage to [his] health due to a deterioration or aggravation of the psychiatric condition in the absence of psychiatric help. Mr V.K. did not consent to his admission to hospital since he refused treatment. On 3 April 2007 he was examined by a panel of psychiatrists, who established that [he is] aware of his surroundings, answers questions in detail, believes that he is being persecuted by the police because he is ‘a person of the Stalinist era, and they do not want to work’, shows an uncritical attitude towards [his] behaviour, does not correct his ideas of his own relevance and persecution, denies perceptual illusions. On the basis of their observations the panel concluded that the treatment of Mr V.K. as an inpatient is necessary. The court has no grounds to doubt the conclusions of the panel’s report. There is no evidence to the contrary. Having considered the evidence in the case, having heard the opinion of the doctors, of the lawyer, Mrs L., who considered inpatient treatment to be reasonable, and the opinion of the prosecutor ... the court concludes that the application of the Hospital’s chief physician is well-founded because Mr V.K. suffers from a severe disorder which indicates a risk of significant damage to [his] health due to a deterioration or aggravation of his psychiatric condition in the absence of psychiatric help.” 15. On 20 April 2007 the applicant was formally discharged from hospital after an improvement in his mental health. 16. On 25 April 2007 the applicant, represented by Mr D. Bartenev, a lawyer practising in St Petersburg, lodged an appeal against the order of 9 April 2007, stating, inter alia, that the legal aid lawyer Mrs L. had failed perform her functions properly. On the same day the applicant left hospital. 17. On 2 August 2007 the applicant’s appeal was summarily dismissed in a short decision by the St Petersburg City Court (Санкт-Петербургский городской суд). The relevant parts read as follows: “ ... In granting the application the [lower] court concluded that there were good reasons to place Mr V.K. in hospital against his will. The court’s conclusion relied on the evidence that had been submitted to it ... [It is] proven by the report of the panel of the Hospital’s resident psychiatrists, which describes Mr V.K.’s condition and confirms the existence of a severe psychiatric disorder indicating a risk of significant damage to [his] health due to a deterioration or aggravation of his psychiatric condition in the absence of psychiatric assistance. The arguments in the statement of appeal that legal aid lawyer Mrs L. did not duly discharge her professional functions may not serve as a ground for annulment of the order, which is lawful on the merits ... ” 18. Nothing in the materials available to the Court suggests that the applicant had ever been restricted in his legal capacity or appointed a legal guardian.