Information Note on the Court’s case-law No. 112

October 2008

Renolde v. France - 5608/05

Judgment 16.10.2008 [Section V]

Article 2

Positive obligations

Suicide of mentally disturbed prisoner in disciplinary cell: violation

Article 3

Degrading treatment

Inhuman treatment

Placement of mentally disturbed prisoner in disciplinary cell for forty-five days: violation

Facts: The applicant’s brother, who had been detained pending trial, was stated in a medical report to be suffering from psychiatric disorders. He was transferred to another prison. His prison file described him as normal and mentioned sedative treatment. However, two days after his transfer he tried to commit suicide by slashing his arms. A psychiatric emergency team diagnosed an acute delirious episode and prescribed appropriate treatment. He was supplied with medication twice a week but no attempt was made to ensure that he actually took it. He was subsequently put in the care of the regional medical and psychological service and placed in a cell on his own where he was subject to special supervision in the form of more frequent patrols. However, he then assaulted a warder and was ordered to serve 45 days in a punishment cell. The day after that order was made, he wrote a letter to his sister in which he said that he could not go on. After seeing the letter, his lawyer requested a psychiatric assessment of his mental fitness to be detained in a punishment cell, but he was found hanged in his cell before he could be examined. Three days earlier he had been given several days’ supply of medication, but once again without any attempt being made to ensure that he took it.

A public prosecutor started a preliminary investigation which found, inter alia, that the applicant’s brother had committed suicide and that there were no traces of medicinal substances in his body. The prosecutor requested a judicial investigation into suspected involuntary homicide by a person or persons unknown. The dead man’s siblings joined the proceedings as civil parties. The investigating judge ordered a psychiatric report by two experts, who concluded that the applicant’s brother had been fit for detention in the punishment block and that the reason no medical substances had been found in his body was that he had decided of his own accord not to follow his treatment. Given his history of delirium, that decision may have increased the risk of suicide. Counsel for the civil parties asked the investigating judge to bring involuntary-homicide charges on the grounds that th