Prague, Oct 13 (CTK) – Guardians do not have the right to arrange the placement of people entrusted in their custody in institutional care without the people’s approval in the Czech Republic anymore, lawyer Zuzana Durajova, from the Human Rights League, told journalists yesterday.
The European Court of Human Rights in Strasbourg yesterday said Czech authorities violated the right to freedom of a man, now aged 60, who was placed in a social care institute against his will in 2011.
A Prague court declared the man legally incapable in 2005 due to alleged alcohol dementia.
Six years later, the man’s officially-appointed guardian made him come to a social care institute using a trick. She told him that he would spend some time in a spa because of his injured knee.
Guardians could agree on the placement of their wards in an institution and their decision was not subject to any court examination then, Durajova, who is the man’s defence lawyer, said.
At present, a court must check whether there is a better way of dealing with the situation that would not affect the person’s life so much, she said.
Durajova said legally incapable people can be placed into institutional care only if they require continuous medical treatment and if their health might be seriously harmed otherwise. If services can be provided in their homes, people must not be placed into a social care institute.
The Strasbourg court concluded that the man was stripped of his freedom unlawfully as he had no legal means to defend himself, Human Rights League lawyer Sarka Duskova said.
The Czech state must pay 15,000 euros in compensation to the man and cover his legal services costing 8025 euros.
The man spent eight months in institutional care. He complained about his placement in the institute many times with the police and courts, but in vain. He failed to regain legal competence and spent 27 months in mental asylums. He finally addressed the European Court of Human Rights.
kva/dr/rtj
