European Court finds multiple violations of Human Rights in case Stanev vs Bulgaria

A man in Bulgaria had to live in an institution against his will. In this institution, the conditions of living were very bad. The European Court of Human Rights is a body, which checks if there are violations of the rights of European citizens. It found out that there were many violations against the rights of this man.

Multiple violations of various articles of the European Convention on Human Rights (ECHR) found the European Court of Human Rights, in the case Stanev v. Bulgaria where Mr Stanev was forced to live for years in a psychiatric institution.

According to the press release of the European Court, in 2000 and 2001 the Bulgarian Courts found Rusi Kosev Stanev partially incapacitated because of schizophrenia. In 2002, he was placed under the partial guardianship of a council officer, who placed him in the Pastra social care home for men with psychiatric disorders in Bulgaria.

He lived there ever since, doing undertaking unsuccessful efforts to have his legal capacity restored and his partial guardianship over-turned. Until finally in the summer of 2006, a private psychiatric report found that he was wrongly diagnosed as schizophrenic; he was prone to alcohol abuse, the symptoms of which can be confused with these of schizophrenia. The same report found his mental health improved but his health damaged by his stay in the institution; the conditions of living in it have been considered to "constitute inhuman and degrading treatment", by the Council of Europe.

The decision of the European Court of Human Rights ruled in favour of Mr Stanev holding unanimously that there had been violations of:

• the right to liberty and security: the applicant was illegally detained in the institution in question;

• the right to a fair hearing: he was denied access to a court to seek restoration of his legal capacity;

• the right to an effective remedy: it was impossible for him to apply for compensation regarding his degrading living conditions;

to mention just a few.

The case of this man from Bulgaria has great significance, as it puts on the table the issue of legal capacity of vulnerable groups of citizens, like people with intellectual or mental disabilities. There are often cases, in which these people are deprived of their right to decide about important things in their lives. Despite the violations of their rights and forced institutionalisations, such cases are rarely resulting in the court. Therefore, it’s important not only that a case like this was heard, but also that the decision of the Court constitutes a victory of human rights against such violations. It remains that Bulgaria and all European countries work to make sure that these violations will stop once for all enabling all their citizens to enjoy their full rights.

To read the Court's press release related to the ruling, click here.