Facts
The appellant [X.] , born in 1966, has suffered from obsessive thoughts for many years and addresses her fear of illness with continuous hygiene measures. On 12 March 2010, the Guardianship Board of the Canton of Basel-Stadt ordered the admission of [X.] to the Psychiatric University Clinics Basel (UPK) based on Art. 397a(1) CC. Against this measure, [X.] appealed to the Appellate Court of Basel-Stadt and requested the revocation of the institutional admission. The Appellate Court dismissed the request for suspensive effect. Thereupon, [X.] filed a civil law appeal to the Federal Supreme Court.Considerations
The Federal Supreme Court holds that an admission for the assessment of the person concerned may exceptionally be compatible with Art. 397a(1) CC if compulsory hospitalization is seriously considered, but important grounds for a final admission decision are lacking. In the present case, there is no current expert opinion, which is why the Federal Supreme Court deems the immediate clarification by an independent expert necessary. Only on the basis of this expert opinion will the Appellate Court have to carry out the judicial review of…