Facts
On 10 December 1992, H. was admitted to the Psychiatric University Clinic of the Canton of Basel-Stadt upon a court-ordered psychiatric examination. On 17 December 1992, H. was discharged from the clinic after the Psychiatric Commission no longer considered the continued involuntary commitment to be justified. On 12 December 1994, H. filed a claim for damages against the Canton of Basel-Stadt with the Federal Supreme Court, requesting that the Canton be ordered to pay her CHF 16,095 plus 5% interest from 17 December 1992. The Canton of Basel-Stadt requested that the claim be dismissed due to the statute of limitations.
Considerations
The Federal Supreme Court held that the asserted claim for state liability was based solely on Art. 429a of the Swiss Civil Code and not on cantonal law. Art. 429a of the Swiss Civil Code constitutes an exhaustive federal legal regulation of state liability, leaving no room for the application of cantonal state liability law. Regarding the statute of limitations, the case law of the Federal Supreme Court applies a one-year time limit from the cessation of the involuntary commitment measure. As this time limit had expired, the claim was to be dismissed.
The Federal Supreme Court further determined that the medical treatment of the claimant during her stay in the…