Facts
X. was admitted to the Psychiatric Clinic Rheinau on November 21, 1986. The medical management of the clinic rejected his request for discharge on October 20, 1988. On November 7, 1988, X. appealed to the Psychiatric Court Commission of the Canton of Zurich for a judicial review. The Commission dismissed the request for discharge by circular resolution dated January 5, 1989.
X. has appealed the decision of the Psychiatric Court Commission to the Federal Supreme Court. He demands his release and a declaration that the current compulsory medication is unlawful.
Considerations
The Federal Supreme Court has decided that the oral hearing of the person concerned by the entire court panel, as prescribed in Art. 397f para. 3 of the Swiss Civil Code, must be carried out and not only by the delegated medical expert. This results from the purpose of the provision, which aims to provide the court with a direct impression of the person concerned.
The system of the delegated judge is unable to satisfy this fundamental intention of the law, as a protocol can never convey the same impression to the participating judges as personal confrontation with the person concerned. Furthermore, the expert is usually also the participating expert witness,…