Communicated on 13 November 2019
FIRST SECTION
Application no. 41023/19
Luka MIKLIĆ
against Croatia
lodged on 29 July 2019
SUBJECT MATTER OF THE CASE
The application concerns the applicant’s psychiatric internment after his conviction in the criminal proceedings on charges of committing acts constituting a criminal offence while lacking mental capacity.
The applicant complains, relying on Articles 5 § 1 (e) and 6 § 1 of the Convention, that in the proceedings concerning his retention in the psychiatric hospital he was not served with the written proposal and reasoned opinion of the psychiatric hospital and that all the evidence by which he attempted to refute the expert report indicating his psychiatric internment was dismissed.
QUESTIONS TO THE PARTIES
1. Was the applicant deprived of his liberty in breach of Article 5 § 1 (e) of the Convention? In particular, has it been reliably shown that the applicant was of unsound mind, and that his mental disorder was of a kind or degree warranting compulsory confinement (see Stanev v. Bulgaria [GC], no. 36760/06, § 145, ECHR 2012)? Were the domestic courts’ decisions on his psychiatric internment accompanied by adequate procedural safeguards (see M.S. v. Croatia (no. 2), no. 75450/12, § 114, 19 February 2015)?
2. Were the proceedings by which the applicant sought to challenge the decisions on his psychiatric internment in conformity with Article 5 § 4 of the Convention? In particular, were the principles of adversarial trial and equality of arms respected as regards the psychiatric hospital’s written proposal and reasoned opinion and admission of the psychiatric expert reports into evidence in those proceedings (see, mutatis mutandis, Hodžić v. Croatia, no. 28932/14, §§ 62, 64 and 74, 4 April 2019)?
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