Facts
The decision concerns X., born on 6 December 1948, to whom the Guardianship Council of the Canton of Basel-Stadt ordered a compulsory admission for assistance purposes on 15 November 2006. This measure was "suspended" on 6 December 2007 under certain conditions. In June 2010, the property management reported that X.'s apartment was in a state of neglect. On 31 December 2010, there was a third fire in the apartment, following which X. was hospitalized and then transferred to the UPK (University Psychiatric Clinic). On 3 January 2011, the curator reported that X. had not returned from leave at the UPK. X. was later found by the police in a state of great confusion, with abrasions on her face and a strong smell of alcohol.
By decision of 9 February 2011, the Guardianship Council of the Canton of Basel-Stadt lifted the "suspension" of the compulsory admission for assistance purposes ordered on 6 December 2007 and decided that X. would remain at the UPK until a suitable institution was found. X. appealed against this decision to the Administrative Court of the Canton of Basel-Stadt, which dismissed her appeal without ordering an expert opinion on 21 March 2011.
Considerations
The Federal Tribunal considers that persons suffering from addiction, such as X. who has a significant alcohol problem, are mentally ill persons within the meaning of Art. 397e para. 5 CC. Consequently, a request for the lifting of the compulsory admission can only be decided with the participation of experts.
The Federal Tribunal notes that the expert must be an…