Facts
[Z.] was placed in the Cantonal Psychiatric Clinic (KPK) on several occasions between August 1989 and May 1993. On 14 May 1993, she was subject to a new involuntary commitment. On 21 June 1993, [Z.] requested her release, but her request was rejected by the KPK on 23 June 1993, and then by the Administrative Appeals Commission of the Canton of St. Gallen on 15 July 1993. [Z.] appealed against this decision.Considerations
The central issue is to determine what is meant by "expert" within the meaning of Art. 397e para. 5 CC, which provides that a decision on the commitment or extension of the commitment of a person suffering from mental disorders can only be made with the participation of experts.
The Federal Tribunal considers that the notion of expert is not limited solely to psychiatrists, but may also include a general practitioner, provided that the latter has the necessary psychiatric knowledge to prepare an objective report on the health condition of the person concerned. In the present case, the Federal Tribunal considers that the expert physician,…