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DYACHENKO v. RUSSIA

Doc ref: 25566/18 • ECHR ID: 001-192718

Document date: March 25, 2019

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DYACHENKO v. RUSSIA

Doc ref: 25566/18 • ECHR ID: 001-192718

Document date: March 25, 2019

Cited paragraphs only

Communicated on 25 March 2019

THIRD SECTION

Application no. 25566/18 Konstantin Konstantinovich DYACHENKO against Russia lodged on 15 May 2018

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 Baryshskiy Town Court of Ulyanovsk Region on 24 January 2018 with reference to the expert examination report dated 8 August 2017.

QUESTIONS 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 Baryshskiy Town Court of Ulyanovsk Region on 24 January 2018 took that decision with reference to the expert examination report issued on 8 August 2017, i.e. five months prior to the order? ( see Trutko v. Russia , no. 40979/04, §§ 51-57, 6 December 2016)

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