Sy v. Italy, No. 11791/20, ECtHR (First Section), 24 January 2022

Inhuman and degrading treatment. Imprisonment for two years of a person suffering from bipolar disorder without any therapeutic strategy of taking charge of his mental illness.

Art. 3 ECHR

1. Article 3 enshrines one of the most fundamental values of democratic societies. The provision prohibits in absolute terms torture or inhuman or degrading treatment or punishment, irrespective of the conduct of the person concerned. In order to fall under the scope of article 3, a treatment must attain a minimum threshold of severity. This minimum severity is relative; it depends on all the circumstances of the case, such as the duration of the treatment, its physical or mental effects and, in some cases, the sex, age and state of health of the victim.

2. Persons detained suffering from mental disorders are more vulnerable than ordinary detainees. Specific needs of prison life expose them to health hazards to a larger extent, increase the risk that they feel in a state of inferiority and are necessarily sources of stress and anguish. Such a condition calls for greater vigilance in monitoring of compliance with the Convention.
(The applicant complained about the violation of his right to be free from inhuman and degrading treatment under article 3 for the continued detention in an ordinary prison, despite domestic court decisions stating that his mental health was in need of therapeutic strategy incompatible with such detention, and ordering his transfer to a Residential Centre for the enforcement of preventive measures. The Court found that there had been a violation of the prohibition of inhuman and degrading treatment).

The applicant complained about the violation of articles 5 and 6 ECHR. The Court found that there had been violations of the right to liberty and security regarding the second period of imprisonment (article 5, paragraph 1), the right to compensation (article 5, paragraph 5) and, finally, the right to a fair trial (article 6, paragraph 1).