Facts

The appellant [X.] (born 1961) was admitted indefinitely to the Psychiatric Center [B.] upon the request of the Guardianship Authority [A.] dated 30 August 2010, by order of the Bern-Mittelland District Governor's Office dated 14 December 2010. The admission was based on an expert opinion of the Psychiatric Services [C. AG] dated 29 November 2010, according to which [X.] suffered from a persistent delusional disorder (ICD-10: F22.0). The Appeals Commission for Compulsory Hospitalization of the Cantonal Court of Bern revoked the admission, as the District Governor's Office had not justified why the necessary personal care for [X.] could be provided only in an inpatient setting. On 10 March 2011, the Bern-Mittelland District Governor's Office ordered a new compulsory hospitalization of [X.] , based on the expert opinion of 29 November 2010. [X.] unsuccessfully appealed this decision. The Appeals Commission for Compulsory Hospitalization of the Cantonal Court of Bern dismissed the appeal on 16 March 2011.

Considerations

The Federal Supreme Court quashes the decision of the Appeals Commission and orders the immediate release of [X.] from the institution. It justifies this as follows:
  • The psychiatric expert opinion of 29 November 2010 is still current despite…