The European Court of Human Rights (ECtHR) case of M.S. v United Kingdom concerns the detention of mentally ill man without adequate care. It was found that the detention violated Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights but that there had been no violation of Article 13 (right to an effective remedy).
The applicant was detained in police custody for more than three days after being found sitting in a car sounding the horn continuously and was highly agitated. Police found the applicant’s aunt at his address who had been injured by him. His detention was made under the 1983 Mental Health Act, subject to which a person may be detained where they are suffering from a mental disorder for up to 72 hours for the purpose of being examined by a doctor and receiving treatment.
A psychiatric specialist found that he was suffering from a mental illness to the extent where he needed to be detained in hospital in the interests of his health and safety and for the protection of others. Although efforts were made to admit him to an intensive psychiatric care unit and failing that, a medium secure there was still the possibility that he would be charged with an offence and was remanded in custody. While in custody, the applicant became highly agitated. A decision was reached by police that there was insufficient evidence to charge him, and he was taken to a local clinic for treatment.
The ECtHR referred to a report by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment which voiced concerns that persons detained by the police were not always provided with adequate psychiatric care. The Court held that although there had been no intention on the part of the police to humiliate the applicant, the conditions imposed upon him were in breach of Article 3 in that the conditions were degrading and inhumane.
Click here to see the full judgment, and click here to see the ECtHR's press release.
Click here to see an article by the Guardian on the case.
Click here to see a blog post by the UK Human Rights Blog on the case.