Published on 6 April 2021

FIFTH SECTION

Application no. 19062/15 Volodymyr Yakovych POGORYELOV against Ukraine lodged on 3 April 2015 communicated on 19 March 2021

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s two-day confinement at a local psychiatric hospital following a request from his sister who, according to the applicant, had an inheritance-related conflict with him.

On 8 January 2014, after the applicant had been transferred by the psychiatric ambulance service to a psychiatric hospital following a phone call from his sister, a panel of psychiatrists ordered his involuntary hospitalisation. It was established, merely on the basis of statements of the applicant ’ s sister, that the applicant posed a threat to himself and others. On 10 January 2014 he was released from the hospital at the hospital ’ s initiative while the examination of the hospital ’ s request for the applicant ’ s forced hospitalisation, lodged on 8 January 2014, was still pending before a court.

According to the applicant, on 14 January 2014 he successfully underwent a psychiatric examination in the same hospital with a view to obtaining gun and driving licenses. On 15 January 2014 the hospital withdrew its request for compulsory hospitalisation of the applicant.

The applicant was unsuccessful in challenging the lawfulness of his confinement to psychiatric hospital before the domestic courts. The final decision in his case was given by the Higher Specialised Court for Civil and Criminal Matters on 4 December 2014.

Relying on Article 5 of the Convention, the applicant complains that there were no grounds for his compulsory hospitalisation and that his medical examination and detention in the hospital against his will were unlawful.

QUESTION TO THE PARTIES

Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, did the compulsory hospitalisation of the applicant in the psychiatric hospital from 8 to 10 January 2014 fall within paragraph (e) of this provision?

The Government are requested to provide copies of the relevant documents concerning the compulsory hospitalisation of the applicant and his release.