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ECHR 2013/5 Case of S.R. v. The Netherlands, 18 September 2012, no. 13837/07 (Third Section) The facts The applicant is a Dutch national who was born in 1952 and lives in Rotterdam. On 31 July 2006 the public prosecutor submitted a request to the Regional Court of Rotterdam for a provisional court authorisation (provisional order) to have the applicant committed to a psychiatric hospital pursuant to the Psychiatric Hospitals (Compulsory Admissions) Act (the Act). The prosecutor’s request was based on a medical report issued by a psychiatrist who was not involved in the treatment of the applicant. On 17 August 2006 the Regional Court held a hearing in the presence of the applicant, her counsel, two social-psychiatric nurses, a priest and a sister of the applicant. The Regional Court heard the applicant’s general practitioner and the applicant’s own psychiatrist. It adjourned the proceedings in order to enable the prosecutor to request authorisation for the applicant to be committed to a psychiatric hospital for observation (observation order) instead. On 25 August 2006 the public prosecutor lodged a request for an observation order with the Regional Court. The request was accompanied by a new medical report dated 24 August 2006.
European Journal of Health Law – Brill
Published: Jan 1, 2013
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