PROCEDURE

The case originated in an application (no. 13453/07) against the Republic of Poland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Polish national, Ms Magdalena Witek (“the applicant”), on 16 March 2007.

The applicant, who had been granted legal aid, was represented by Mr J. Gałkowski, a lawyer practising in Bielsko Biała. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

The applicant alleged, in particular, that her detention in a psychiatric hospital had been unlawful and in breach of Article 5 § 1 of the Convention.

On 14 April 2009 the President of the Fourth Section decided to give notice of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (former Article 29 § 3 of the Convention, now Article 29 § 1).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1967 and lives in Katowice.

On 19 October 1999 the applicant, a doctor, was charged with domestic violence (assault on her mother).

Between 26 June 2000 and 3 August 2000 she was examined in a psychiatric hospital in Morawica. The expert psychiatrists gave an opinion and concluded that she suffered from paranoid schizophrenia.

On 18 October 2001, on the prosecutor's motion, the Kielce District Court discontinued the proceedings against the applicant. It found that she could not be held criminally responsible as she was of unsound mind. It ordered her confinement in a psychiatric hospital and her suspension from medical practice.

Following the court's decision, the applicant failed to report to a psychiatric hospital.

On 14 January 2002 the applicant lodged an appeal against the first instance decision; however it was rejected as lodged outside the prescribed time-limit.

For five years the applicant remained in hiding and her whereabouts were unknown to the authorities. In 2006 the police eventually established her address in Poland.

On 19 June 2006 the applicant was arrested by the police at her home in Katowice. She was transferred to the Rybnik Psychiatric Hospital. She submits that she was not examined by a doctor until several days after her arrival there.

On 19 June 2006 the Kielce Regional Court resumed the enforcement proceedings as regards the judgment of October 2001, observing that the applicant has been ordered to stay in a psychiatric hospital, but had been evading justice for five years.

On 7 September 2006 the Kielce District Court ordered that the applicant be examined by expert psychiatrists, in order to establish whether her continued confinement in the mental institution was necessary.

On 11 September 2006 the Psychiatric Commission on Preventive Measures submitted its opinion dated 17 August 2006 to the Kielce District Court. The commission examined the documents relating to the applicant's mental health and considered that her confinement in a psychiatric hospital was necessary. It referred to the experts' opinion of 2000, which stressed that the applicant had behaved aggressively during her period under psychiatric observation in Morawica Hospital (in 2000). The commission considered that the applicant should be transferred to Lublin Hospital. The applicant was subsequently admitted to the Lublin Hospital on 23 September 2006.

On 7 November 2006 three expert psychiatrists submitted their opinion on the applicant's mental health. They stressed that it was necessary to continue the applicant's detention in a psychiatric hospital.

On 11 January 2007 the Kielce District Court held that it was necessary to continue the applicant's detention in the psychiatric hospital. The court referred to the experts' opinion of 7 November 2006 supplemented on 11 January 2007. According to the experts the applicant suffered from a mental disorder which justified placing her in a psychiatric hospital. It was further highly unlikely that the applicant would continue the treatment after release from the hospital. On 15 January 2007 the applicant filed an appeal against that decision. She stressed that over the previous five years her health had significantly improved and that her relations with her mother were very good. On 23 February 2007 the Kielce Regional Court upheld the first-instance decision referring to the reasons given by the District Court.

On 8 May 2007 expert psychiatrists submitted another opinion concerning the applicant's mental health. They maintained that the applicant's condition had not changed and it was necessary to keep her in hospital. The applicant on numerous occasions challenged these opinions and lodged requests for fresh ones.

On 20 June 2007 the court obtained an opinion from expert psychiatrists from a different hospital. They confirmed that the applicant had a schizophrenic disorder which resulted in changes of mood and irritability.

On 16 August 2007 the court received yet another expert opinion. The expert psychiatrists concluded that there was still a high possibility that the applicant might commit another offence. However, her health had improved and she could be placed in a psychiatric institution with basic security.

On 25 September 2007 the Kielce District Court ordered the applicant's release from hospital. The court did not agree with the expert psychiatrists opinions of 20 July 2007, 16 August 2007 and 25 September 2007 maintaining that the applicant should be kept in a psychiatric hospital. The court considered that the applicant's condition had significantly improved during the time she spent in the hospital. It referred to the applicant's mother's testimonies confirming that since 2002 the applicant had never behaved aggressively towards her and their relations were very good. The court concluded that the probability of the applicant committing another similar offence was very low.

On the prosecutor's appeal, on 16 November 2007 the Kielce Regional Court upheld the first-instance decision. The applicant was released from hospital on the same day.