The European Court of Human Rights (ECtHR) in Strasbourg has accepted the unilateral declaration of the Polish government that its treatment of a psychiatric patient, identified in court documents as Łukasz, was unlawful.

The government has agreed to pay damages to Łukasz, and the ECtHR has closed the case and removed it from its docket.

Favourable opinions from experts

Four years ago, Łukasz was charged with a criminal offence. As a precaution, the first-instance court ordered that his pretrial detention be carried out in a psychiatric hospital. In August 2014, that court ruled that Łukasz was not guilty by reason of insanity.

Two months later, two psychiatrists and a psychologist evaluated the applicant and issued an opinion stating that the man’s mental health had improved. The experts also stated that Łukasz was unlikely to commit criminal acts in the future. Finally, they assessed that Łukasz should be placed in outpatient care, rather than continue as a psychiatric patient.

The man’s closest family, heard by a regional court in December 2014, agreed to take legal care of Łukasz after his release and assist him in further treatment.

However, the court decided to ask for an additional opinion from another panel of two psychiatrists and a psychologist, which was given in March 2015. The new opinion stated that Łukasz’ schizophrenia is in remission and confirmed the previous diagnosis.

Moreover, the experts noted that support offered by the applicant’s family during his treatment could have a positive effect on the applicant and reduce the risk of him committing similar offences in future.

A month later, doctors from the psychiatric hospital in which Łukasz stayed issued another positive opinion on the patient, emphasising that he was fully cooperating with medical personnel.

A baffling court ruling

Notwithstanding these expert opinions, the regional court, after another hearing with the family, did not approve Łukasz’s release from the psychiatric hospital.

The court justified its decision by pointing to the fact that family members had also undergone psychiatric treatment, which, in the court’s assessment, means that they are incapable of providing full care to the applicant.

Łukasz appealed against this decision, but the appellate court rejected his argument and upheld the decision of the regional court. At that point, Łukasz decided to file an application to the European Court of Human Rights.

Government admits wrongdoing

Before the case reached the judgment phase, the ECtHR accepted a unilateral declaration of the Polish government in which the authorities acknowledged that Łukasz’s case had involved unlawful deprivation of liberty from October 2014 to his release from the hospital in December 2015. Poland has agreed to pay to the applicant the sum of 25,000 PLN (6,000 EUR).

Liberties member the Helsinki Foundation for Human Rights represented the applicant in the proceedings before the ECtHR.