Published on 13 June 2022

FIFTH SECTION

Application no. 59476/21 Age Nils HAUGEN against Norway lodged on 1 December 2021 communicated on 24 May 2022

SUBJECT MATTER OF THE CASE

The applicant’s son was sentenced to compulsory mental health care after being charged with, inter alia , attempted murder in 2019, and allocated to a hospital psychiatric department. In early 2020 he was charged with the murder of another patient at the institution and detained on remand. He committed suicide while detained.

The applicant complains of a violation of his son’s rights under Article 3 of the Convention, in particular with regard to the conditions of his son’s detention, including contact restrictions, his care and the supervision of his health, all in the light of his son having suffered from a serious psychiatric disorder.

QUESTIONS TO THE PARTIES

1. Have all domestic remedies been exhausted within the meaning of Article 35 § 1 of the Convention, and was the application lodged with the Court within the time-limit set out in that provision?

2. In view of the circumstances in which the applicant’s son committed suicide (including his having been detained on remand at a time when he was under compulsory mental health care; the prohibition on letters, visits and access to media and the imposition of total isolation ( fullstendig isolasjon ); and, in particular, his care and supervision of his health while in detention) and the domestic authorities’ follow-up of the matter, have there been violations of the substantive or procedural limbs of Article 3 of the Convention? In the event that the complaint could be considered in substance to have been lodged under Article 2, have there been violations of the substantive or procedural limbs of that provision?