Communicated on 14 November 2017

FIRST SECTION

Application no. 34449/16 Norbert JAWORSKI against Poland lodged on 2 June 2016

STATEMENT OF FACTS

The applicant, Mr Norbert Jaworski , is a Polish national who was born in 1974 and lives in Cracow.

A. The circumstances of the case

The facts of the case, as submitted by the applicant, may be summarised as follows.

In 2000 the applicant was diagnosed as suffering from paranoid schizophrenia. Since then, he has been hospitalised in a psychiatric hospital on several occasions.

On 13 February 2013 he was admitted to the Cracow Psychiatric Hospital.

On 12 March 2013 the Cracow Psychiatric Hospital applied to the Cracow Nowa Huta District Court to place the applicant, against his will, in a social care home. The hospital submitted that the applicant was suffering from paranoid schizophrenia. He was living alone in an apartment. He had refused to take medication and had already been admitted to psychiatric hospitals on several occasions. The hospital further explained that the applicant had been neglecting the basic principles of hygiene and nutrition (he had been admitted to the hospital in the state of severe malnourishment). He had also behaved in an aggressive manner towards his neighbours and family.

On 23 April 2013 the Cracow Nowa Huta District Court decided to place the applicant in a social care home against his will.

On 13 August 2014 the applicant lodged an application to be released from the social care home.

On 12 November expert psychiatrists prepared an opinion in which they considered that the applicant was unable to live on his own: he had devastated his flat (all the furniture had been removed) and nearly starved himself (he had followed a very restrictive diet). The experts concluded that the applicant was not able to take care of himself on his own.

On 8 July 2015 the Cracow Nowa Huta District Court refused his application. A subsequent appeal by the applicant was dismissed by the Cracow Regional Court on 19 November 2015. It would appear that the decision was served on an unknown date in December 2015. The applicant was represented by a legal-aid lawyer before both courts.

B. Relevant domestic law and practice

The relevant domestic law and practice concerning the placement of individuals in social care homes are set out in the Court ’ s judgment in the case of Kędzior v. Poland (no. 45026/07, §§ 38-45, 16 October 2012).

COMPLAINTS

Without invoking any provisions of the Convention, the applicant complains about the placement in a social care home against his will.

QUESTIONS TO THE PARTIES

1. Was the applicant deprived of his liberty, in breach of Article 5 § 1 of the Convention (compare K.C. v. Poland , no. 31199/12 , §§ 68-71, 25 November 2014) ?

2 . Did the applicant have at his disposal an effective procedure by which he could challenge the lawfulness of his admission to the social care home, and the necessity of his continuing stay in it, as required by Article 5 § 4 of the Convention?