Communicated on 7 May 2019

FOURTH SECTION

Application no. 999/19 M.A. against Romania lodged on 12 December 2018

SUBJECT MATTER OF THE CASE

The application concerns an alleged unlawfu l deprivation of liberty. On 30 March 2017 the applicant, who suffers from diabetes and is insulin - dependent, was taken against his will by ambulance and under police escort to the hospital: first to the Timi ş oara Municipal Hospital (“the TMH”), then to a psychiatric hospital and later on back to the TMH. During this time, which lasted approximately from 11 am to 5 pm, the applicant was refused his insulin treatment. He repeatedly requested his treatment and explained how severe his condition was. His diabetologist tried to speak on his behalf with the medical personnel in the TMH explaining that the applicant ’ s life would be in danger if he did not receive appropriate treatment. The medical personnel suspected the applicant of being under the influence of drugs. They allegedly refused to give him insulin until they could run the tests to confirm their suspicion. The results showed that the applicant had not taken drugs.

The applicant ’ s criminal complaint against the medical personnel in the ambulance and the police officer in charge with the investigation was declared inadmissible by a final decision of 29 November 2018 of the Timi ş oara Court of Appeal, file no. 18591/1325/2018.

The applicant complained under Articles 2, 3, 5 § 1, 6, 13, 14 and 17 of the Convention.

QUESTIONS tO THE PARTIES

1. Having regard to the procedural protection of the right to life (see paragraph 104 of Salman v. Turkey [GC], no. 21986/93, ECHR 2000-VII), was the inquiry in the present case by the domestic authorities into the alleged medical malpractice in breach of Article 2 of the Convention?

2. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention on 30 March 2017?