Facts
H. C. was admitted several times to psychiatric institutions between 1990 and 1991 due to mental disorders and suicide risk. On 20 January 1991, she was readmitted on an emergency basis to the Rheinau Psychiatric Clinic on the prescription of her attending physician. On 2 February 1991, she was released at her written request, by decision of the Psychiatric Commission of the Zurich Cantonal Court. On 13 March 1991, M. C., H. C.'s sister, filed a lawsuit against the Canton of Zurich. She requests a finding of a violation of Articles 3 and 5 of the ECHR during her sister's last stay in the clinic, as well as the payment of compensation of 51,000 francs.Considerations
1. The Federal Tribunal rejected the request for a finding of a violation of Articles 3 and 5 ECHR. Article 13 ECHR is not directly applicable, as Swiss law already provides for an effective remedy within the meaning of this provision, through Article 429a CC. 2. Regarding the claim for compensation, the Federal Tribunal considered that the conditions of Article 5 para. 5 ECHR and Article 429a CC were met. However, these provisions only cover deprivation of liberty and not forced treatments or restraints, which are an integral part of the care provided in the context of involuntary commitment. 3. The Tribunal ruled that the attending physician was authorized to order the emergency admission in accordance with…