The appellant, VM, challenged a renewal of her detention under a compulsory care order governed by the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (the “Act”). In 2005, the appellant was charged with possession of a knife in a public place when she became fixated on one of her care workers and showed up …Read more

On June 4, 1982 M.J.R. , a minor, accused of aggravated murder, was declared unpunishable by law by the National Criminal Examining Court of First Instance number 16, which determined he had to remain in hospital as a safety measure. On July 11, 1983, the advisor on minors filed a process of disability to the …Read more

In July 2004 CS was being treated as a detained patient at Runwell Hospital under the Mental Health Act. She absconded and went on to commit suicide by throwing herself in front of a train. A public inquest was held and concluded that the precautions in place at the hospital were inadequate. S, the daughter …Read more

The applicant, Mr. Shtukaturov, was born in 1982 and first began showing signs of mental illness in 2002. In August 2002, he was held for approximately 8 months in a psychiatric hospital, receiving a diagnosis of simple schizophrenia. On August 3, 2004, Shtukaturov’s mother petitioned the Vasileostrovskiy District Court of St. Petersburg, claiming that her …Read more

Ablamskiy, Lobashova and Matveev were approved for compulsory medical treatment or institutionalization after psychiatric examinations, and were thus not allowed to appeal their compulsory medical measures or participate in their criminal proceedings. They argued that the procedural rules governing the due process rights of individuals declared mentally incompetent were unconstitutional under the Constitution of the …Read more

Mr. Sestan had depression and bipolar/schizoaffective disorder, which included manic stages where he would be psychotic. He had been admitted to hospital for his condition numerous times. After a suspected manic episode where Mr. Sestan attempted to force another car off the road and bought two apartment, Mr. Sestan went to the emergency department for …Read more

The Applicant was an HIV-positive man who had sex with men. He had transmitted HIV to another, younger man through a sexual encounter prior to his diagnosis. He was subsequently instructed by the county medical officer, among other things, not to have sexual intercourse without first disclosing to his partner that he was HIV-positive, to …Read more

PGK, age 56, was convicted for a sexual violation and placed in a compulsory care facility pursuant to the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 for a period of three years. PGK has been in the care facility for the past 18 months. PGK has a history of sexual offenses and felonious behavior and …Read more

The appellant, J, is an ethnically Tamil citizen of Sri Lanka. While living in Sri Lanka, J was captured by, and forced to work for, a militant group called the Liberation Tigers of Tamil Eelam (“LTTE”) between 1991 and 1993. The LTTE released him in 1993. In 1995, J was detained, interrogated, and tortured by the …Read more

The applicant, Ms. Kolanis, was convicted of a crime and found to be suffering from mental illness pursuant to the Mental Health Act 1983. Her application to reside at home was upheld by the Tribunal, which ordered her conditional discharge provided she live at home with her parents, be supervised by a social worker and …Read more