Confirmation of Admission to a Psychiatric Clinic Despite Procedural Deficiencies

Facts

On April 2, 2001, A. was provisionally admitted to the Psychiatric Clinic Y. due to an acute psychotic crisis. The District Governor confirmed the admission on April 10, 2001 and rejected A.'s request for release. A. then filed an administrative court appeal with the Administrative Court of the Canton of Lucerne, which was dismissed on April 26, 2001. With an appeal to the Federal Supreme Court, A. requested his immediate release.

Considerations

The Federal Supreme Court dismissed the appeal, although it considered the Lucerne regulation on the procedure for compulsory hospitalization to be contrary to federal law. The Lucerne provisions stipulate that after a provisional order of admission, an administrative authority first decides and only then a court. This contradicts federal law, which provides for rapid and direct access to a judge.

However, this procedural deficiency did not lead to the appeal being upheld and A.'s release, as the admission had since been confirmed in a proper judicial procedure. The Federal Supreme Court also could not find a violation of the requirement of expedited proceedings under Art. 397f para. 1…