Facts
On January 17, 2017, [A.] was admitted to a psychiatric hospital and on January 20, 2017, was involuntarily committed by Dr. med. B. based on Art. 426 para. 1 in conjunction with Art. 429 of the Swiss Civil Code (ZGB). [A.] filed a complaint with the Administrative Court and requested immediate release. The Administrative Court heard the affected person, the hospital physicians, and a court-appointed expert, and partially granted the complaint by ordering the release of the affected person as soon as a follow-up solution was ensured.
The affected person appealed the decision of the Administrative Court to the Federal Supreme Court and requested release from the involuntary commitment.
Considerations
The Federal Supreme Court states that in the case of a mental disorder, according to Art. 450e para. 3 ZGB, an expert opinion of a qualified person is required to assess the legality of the medical involuntary commitment and the further detention until the expiration of the statutory deadline.
The expert opinion obtained by the Administrative Court proves to be insufficient, as the expert does not specify the concrete danger to the life and health of the affected person if treatment and care are omitted. Furthermore, it is not the task of the non-independent hospital…