Facts
This decision concerns the appeal filed by X., born in 1966, against a decision of the Guardianship Council of the Canton of Basel-City ordering her placement in the University Psychiatric Clinics of Basel (UPK) pursuant to Art. 397a para. 1 CC. On 20 April 2010, the Court of Appeal of Basel-City dismissed X.'s appeal. She then filed a civil law appeal with the Federal Tribunal on 7 June 2010, requesting the annulment of the Court of Appeal's decision and her immediate release from the UPK. However, on 9 June 2010, X. was released from the UPK following the examinations.
Considerations
According to the case law of the 2nd Civil Law Division of the Federal Tribunal, a civil law appeal against the final instance decision regarding a deprivation of liberty for the purpose of assistance requires a current legal interest in the annulment or modification of the contested decision, which is no longer given when the person concerned has been released from the deprivation of liberty for the purpose of assistance (Art. 76 para. 1 let. b FSCA). However, the case law waives the requirement of a current and lasting practical interest when the alleged violation of the law could recur at any time and rapid judicial review would hardly be possible in the case at hand (virtual interest).
In the present case, since X. was released from the UPK on 9 June 2010, she no longer has a current legal interest in the…