Facts
The applicant, born on January 1, 1968 in what is now the Czech Republic, suffers from paranoid schizophrenia and was admitted to the Cantonal Psychiatric Clinic [K.] (KPK) under a compulsory hospitalization order. He requested, through his lawyer, to be released from the institution, which the Administrative Appeals Commission of the Canton of St. Gallen rejected in a decision dated May 30, 2007. The applicant then filed a civil law appeal with the Federal Supreme Court.Considerations
The Federal Supreme Court concluded that the applicant's continued detention in the institution was disproportionate. While the applicant does suffer from a mental illness within the meaning of Art. 397a(1) CC, the mere fear that he will stop taking his medication and have his delusions return does not justify compulsory hospitalization, as long as this does not pose a concrete risk of harm to himself or others. The lower court did not establish any such risk. The burden on the environment…