Published on 8 April 2024
FOURTH SECTION
Application no. 5712/24
Liibaan Cali AHMAD
against Denmark
lodged on 20 February 2024
communicated on 18 March 2024
SUBJECT MATTER OF THE CASE
By a High Court judgment of 25 March 2015 the applicant, who suffers from schizophrenia, was sentenced to placement in a high security psychiatric facility (Sikringsafdelingen).
While awaiting admission to that facility, he was placed in a psychiatric hospital where, from 26 October 2015 to 8 July 2016, he was locked up in his patient room. The applicant appealed against that measure to the Psychiatric Patients’ Complaints Board, which dismissed his case. Relying on Articles 3, 5 and 8 of the Convention, the applicant brought compensation proceedings before the courts. By a judgment of 10 November 2022, the High Court found the confinement lawful. Upon appeal, on 20 October 2023 the Supreme Court found that, although the measure lacked authority under the Mental Health Act, it did not contravene the said provisions of the Convention.
QUESTION TO THE PARTIES
Was the confinement of the applicant from 26 October 2015 to 8 July 2016 in a locked patient room in a psychiatric hospital in breach of Articles 3, 5 or 8 of the Convention (see, inter alia, Munjaz v. the United Kingdom, no. 2913/06, 17 July 2012)?