The placement of persons of unsound mind in a special unit at the prison does not satisfy the requirement of lawfulness under Article 5 paragraph 1(e) of the European Convention.
• Decision on Admissibility and Merits No. AP 2271/05 of 21 December 2006, pp. 63 to 65, published in the Official Gazette of Bosnia and Herzegovina, 38/07;
• Decision on Admissibility and Merits No. AP 672/07 of 17 December 2009, published in the Official Gazette of Bosnia and Herzegovina, 20/10; criminal proceedings, the court ordered a security measure of mandatory psychiatric treatment in custody in a medical institution
A deprivation of liberty and placement in a detention and correctional institution of a person based on the court decision allowing forcible placement in a psychiatric institution does not satisfy the requirement of lawfulness under Article 5 paragraph 1(e) of the European Convention in respect of the institution wherein the person is forcibly placed.
• Decision on Admissibility and Merits No. AP 65/11 of 8 June 2011, paragraph 47, published in the Official Gazette of Bosnia and Herzegovina, 99/11
The Constitutional Court concludes that in the present case there is a violation of the right under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5 paragraph 1(e) of the European Convention, as the appellant was involuntarily placed in the Institution, i.e. deprived of liberty within the meaning of Law on the Basic Social Protection, Protection of Civilian War Victims and Families with Children. Namely, the requirement of lawfulness under the European Convention was not satisfied, given the fact that the Law on the Protection of Persons with Mental Disorders defines possibilities, conditions, methods and procedures to detain i.e. to place in custody persons with mental disorders, which was not applied in the present case.
• Decision on Admissibility and Merits No. AP 620/13 of 25 April 2013, paragraph 46
