Failure to protect vulnerable man with schizophrenia from unnecessary use of force or to effectively investigate his complaints

In the case of Strashunskyy v. Ukraine the ECHR held that there had been two violations of the prohibition of inhuman or degrading treatment/investigation.

The case concerned a complaint by the applicant, a vulnerable individual diagnosed with schizophrenia, about injuries he had sustained when being transferred from a Staterun boarding house to a psychiatric hospital.

The Court found that the investigation into the applicant’s complaint had not been effective. In particular, an expert medical assessment to determine how his injuries had been sustained had not been obtained. Nor had the authorities clarified whether the staff members responsible for his transfer had been trained to deal with vulnerable individuals.

The Court also found that the authorities had failed to demonstrate that the force used against the applicant had been strictly necessary or that he had been sufficiently protected by those responsible for looking after him. He had sustained multiple injuries in circumstances which had not been shown to have either been unavoidable or managed in a manner consistent with the State’s obligation to protect his physical integrity and dignity.

The Court held that Ukraine was to pay the applicant 7,000 euros in respect of nonpecuniary damage and EUR 5,000 in respect of costs and expenses.

• Press release
• Press release (in Ukrainian)