Facts
N., born in 1951, was placed under guardianship due to mental illness and admitted to the Psychiatric Clinic X. by district medical officer in December 1983. From December 1984 onwards, he received Clopixol depot injections, which he definitively refused in January 1999. By order dated 22 January 1999, the deputy district medical officer L. ordered that N. be retained in the clinic and the depot medication be resumed. N. filed an administrative court appeal, requesting the discontinuation of medication and his transfer to a rehabilitation department.
The Administrative Court dismissed the appeal. N. then appealed to the Federal Supreme Court, requesting the annulment of the contested judgment and the retention order, as well as prohibiting the clinic from subjecting him to compulsory medication treatment.
Considerations
The Federal Supreme Court upheld the appeal and annulled the contested judgment. It concluded that compulsory treatment within the framework of involuntary commitment is not regulated by federal law, and Articles 397a et seq. of the Swiss Civil Code (ZGB) do not provide a legal basis for this.
The Federal Supreme Court adheres to its previous case law, according to which the administration of treatment within the framework of an involuntary commitment-based hospital stay is generally not…