Constancia v. the Netherlands kararı ile Mahkeme, ilk kez, başvurucunun akli durumunun tıbbi incelemesinin yerine geçecek diğer mevcut bilgilerden hareketle de bir kişinin akıl hastalığı nedeniye zorunlu hapsine karar verilebileceğini kabul etmiştir.
Constancia v. the Netherlands kararı, “http://hudoc.echr.coe.int/” adresinden erişilebilirdir.
Constancia v. the Netherlands kararının basın duyurusu, “http://hudoc.echr.coe.int/webservices/content/pdf/003-5048776-6207758” adresinden erişilebilirdir.
Bu basın duyurusunun özeti, İngilizce haliyle, aşağıdaki gibidir:
In its decision in the case of Constancia v. the Netherlands (application no. 73560/12) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final.
The case concerned Mr Constancia’s complaint about being detained as a person of “unsound mind” in the absence of a precise diagnosis of his mental state. Mr Constancia, who was convicted of the violent manslaughter of an eight-year old boy, had refused to be examined, making the assessment of his mental condition impossible.
The Court found in particular that Mr Constancia’s trial court, in the face of his complete refusal to cooperate, had been entitled to conclude from the information obtained – notably via existing psychiatric reports drawn up on previous occasions, the opinion of a psychologist and a psychiatrist on Mr Constancia’s complete case file, including the audio and audio-visual recordings of his interrogations, as well as the trial court’s own investigation of the case file – that he was suffering from a genuine mental disorder which was of a kind or degree warranting compulsory confinement.
This is the first case in which the Court allowed other existing information to be substituted for a medical examination of the applicant’s mental state.