Facts
The Justice of the Peace of the District of Lausanne opened an investigation into civil interdiction and placement for assistance purposes with regard to X., born on June 24, 1964, due to his severe alcohol dependence. On August 23, 2011, it pronounced the civil interdiction and placement for assistance purposes of the person concerned for an indefinite period. On November 26, 2012, the Justice of the Peace maintained this placement measure, considering that X. refused any assistance and did not seem to have become aware of the seriousness of his disorder. X. appealed against this decision to the Guardianship Chamber of the Cantonal Court of the Canton of Vaud, which dismissed his appeal on March 7, 2013.Considerations
The Federal Tribunal admitted X.'s appeal and annulled the judgment of the Guardianship Chamber. It considered that the latter had violated Art. 450e para. 4 1st sentence CC by not proceeding with the personal hearing of the person concerned, whereas this hearing is mandatory for the appellate judicial authority, even when the person concerned has already been heard at first instance.
According to the Federal Tribunal, this obligation of personal hearing is justified both by…