Information Note on the Court’s case-law 210
August-September 2017
Fernandes de Oliveira v. Portugal (referral) - 78103/14
Judgment 28.3.2017 [Section IV]
Article 2
Positive obligations
Suicide of a mentally ill man voluntarily admitted to State psychiatric hospital for treatment after suicide attempt: case referred to the Grand Chamber
The applicant’s son had been voluntarily placed in a State psychiatric hospital for treatment following a suicide attempt in early April 2000. On 27 April 2000 he escaped from the hospital premises and jumped in front of a train. He had already been admitted on several occasions to the same hospital due to his mental disability which was aggravated by an addiction to alcohol and drugs. According to his medical records, the hospital was aware of his previous suicide attempts.
In a judgment of 28 March 2017 (see Information Note 205) a Chamber of the Court held, unanimously, that there had been a violation of Article 2 in its substantive aspect. In the Court’s view, in the light of the positive obligation to take preventive measures to protect an individual whose life was at risk and faced with a mentally ill-patient who had recently attempted to commit suicide and was prone to escaping, the hospital staff should have been expected to adopt safeguards to ensure that he would not leave the premises and to monitor him on a more regular basis.
On 18 September 2017 the case was referred to the Grand Chamber at the Government’s request.
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This summary by the Registry does not bind the Court.
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