In the case of M.B. v. Spain the Court held that there had been a violation of the right to liberty and security.

The case concerned the applicant’s pre-trial detention and later confinement in a prison psychiatric hospital after she set fire to the flat she had been living in.

The Court found that the Spanish courts had not reassessed the applicant’s state of mental health when the order had been given, and had not adequately scrutinised the reports on her health or assessed whether her condition had actually warranted compulsory confinement. Overall, the security order had not met the minimum conditions necessary to comply with the Convention.

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