Lexploria - Legal research enhanced by smart algorithms
Lexploria beta Legal research enhanced by smart algorithms
Menu
Browsing history:

TKACHENKO v. RUSSIA

Doc ref: 43035/20 • ECHR ID: 001-206667

Document date: November 16, 2020

  • Inbound citations: 0
  • Cited paragraphs: 0
  • Outbound citations: 4

TKACHENKO v. RUSSIA

Doc ref: 43035/20 • ECHR ID: 001-206667

Document date: November 16, 2020

Cited paragraphs only

Communicated on 16 November 2020 Published on 7 December 2020

THIRD SECTION

Application no. 43035/20 Anton Vladimirovich TKACHENKO against Russia lodged on 22 August 2020

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s placement in a psychiatric facility for involuntary treatment (Article 5 § 1 of the Convention). The placement was ordered by the Justice of the Peace of the 241st Court Circuit of the Nagatinskiy District of Moscow on 15 May 2019 with reference to the psychiatric assessment report of 24 October 2018.

QUESTION TO THE PARTIES

Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, was the applicant ’ s placement in a psychiatric facility lawful given that the decision of 15 May 2019 referred to the findings of the psychiatric assessment report issued on 24 October 2018, i.e. almost six months prior to the order (see Ilnseher v. Germany [GC], nos. 10211/12 and 27505/14, § 131, 4 December 2018, and Trutko v. Russia , no. 40979/04, §§ 51-57, 6 December 2016)?

© European Union, https://eur-lex.europa.eu, 1998 - 2026

LEXI

Lexploria AI Legal Assistant

Active Products: EUCJ + ECHR Data Package + Citation Analytics • Documents in DB: 401132 • Paragraphs parsed: 45279850 • Citations processed 3468846