Resolution CM/ ResDH (2008) 73 [1]

Execution of the judgment of the European Court of Human Rights

Gajcsi against Hungary

(Application No. 34503/03, judgment of 03/10/2006, final on 03/01/2007)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the unlawfulness of the extension of the applicant ’ s detention in a psychiatric hospital (violation of Article 5§1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with Hungary ’ s obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures, preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ ResDH (2008)73

Information about the measures taken to comply with the judgment in the case of Gajcsi against Hungary

Introductory case summary

This case concerns the unlawfulness of the extension of the applicant ’ s detention in a psychiatric hospital. The domestic law (Section 199 and Section 200 of the Health Care Act) emphasises the prerequisite of dangerousness to justify compulsory hospitalisation and treatment. However, the domestic court based its decision to extend the applicant ’ s detention in the psychiatric hospital on an opinion of an expert psychiatrist who referred to the applicant ’ s “pathological mental state”. The Supreme Court rejected the applicant ’ s petition for review against this decision.

The Court found that the domestic court decisions in the present case were devoid of any assessment of the applicant ’ s alleged or potential “dangerous conduct”, which was a prerequisite under either section 199 or section 200 of the Health Care Act. Consequently, the Court considered that the prolongation of the applicant ’ s compulsory treatment was not provided by law (violation of Article 5§1).

I. P ayment of just satisfaction and individual measures

a) Just satisfaction

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

7 350 EUR

-

7 350 EUR

P aid on 06/03/2007

b) Individual measures

The applicant was released from hospital on 24/04/2003.

II. General measures

Having regard to the direct effect accorded to the Convention and the judgments of the Court in Hungarian law, it appears that wide dissemination and publication of the Court ’ s judgment can avoid similar violations in the future. In this regard, that the Court ’ s judgment was published on the website of the Ministry of Justice and Law Enforcement ( www.irm.gov.hu ).

III. Conclusions of the respondent state

The government considers that the measures taken will prevent new, similar violations and that Hungary has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 8 October 2008 at the 1035th meeting of the Ministers’ Deputies