A schizophrenia-sufferer dumped in a care home by his brother has had his human rights complaints backed by Strasbourg judges.
Kędzior v. Poland (no. 45026/07)
The applicant, Stanisław Kędzior, is a Polish national who was born in 1956 and lives in Sośnica (Poland). Suffering from schizophrenia, he was declared incapacitated by a court in 2001 and was subsequently placed in a social care home by his brother, who acted as his appointed guardian.
He complained in particular that his indefinite placement in the social care home, to which he had not agreed, had violated his rights under Article 5 § 1 (right to liberty and security). Further relying on Article 5 § 4 (right to have the lawfulness of one’s detention decided speedily by a court), he also complained that there had been no effective procedure by which he could have challenged the necessity for his continued stay in the home and obtain his release.
Lastly, he submitted, under Article 6 § 1 (right to a fair hearing), that he had been prevented from directly applying to a court to have his legal capacity restored.
Violation of Article 5 § 1
Violation of Article 5 § 4
Violation of Article 6 § 1
Just satisfaction: EUR 10,000 (non-pecuniary damage)