Communicated on 5 February 2015

FIFTH SECTION

Application no. 8564/13 Maksym Volodymyrovych SAMOTIY against Ukraine lodged on 24 January 2013

STATEMENT OF FACTS

The applicant, Mr Maksym Volodymyrovych Samotiy , is a Ukrainian national, who was born in 1980 and lives in Lviv.

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

On an unspecified date criminal proceedings for hooliganism were instituted against the applicant.

The prosecutor asked the Sykhivskyy District Court of Lviv to order a thirty-day in-patient psychiatric examination of the applicant. The prosecutor noted that the applicant ’ s behaviour was “weird”, he failed to appear for questionings, his statements were inconsistent and he acted “inadequately”.

On 6 December 2012 the Sykhivskyy Court noted, without providing further details, that the prosecutor ’ s request was well-founded and ordered the applicant ’ s in-patient examination. The court did not specify the reasons for which an out-patient examination would not be sufficient in the applicant ’ s case. According to national legislation, the decision of 6 December 2012 was not subject to appeal.

COMPLAINT

The applicant complains that the decision of 6 December 2012 was unjustified.

QUESTION S TO THE PARTIES

1. Has the applicant been deprived of his liberty in breach of A rticle 5 § 1 of the Convention?

2. In particular, did his confinement in a psychiatric hospital fall within paragraph (e) , or any other paragraph, of this provision?

3. Furthermore, was the decision of the Sykhivskyy Court of 6 December 2012 ordering the in-patient psychiatric examination of the applicant in compliance with Article 5 § 1 of the Convention?