Lavorgna v Italy 8436/21 [2024] ECHR 843
In-patient treatment breached Article 3 The initial mechanical restraint of the patient to his bed had been strictly necessary to prevent him from harming himself or others; however, its continuation for 8 days involved a breach of the substantive obligation (it had not been sufficiently proved that it was strictly necessary and respected the applicant's human dignity, and that it did not expose him to pain and suffering in violation of Article 3) and the procedural obligation (the authorities failed to carry out an effective investigation into allegations of ill-treatment).
Registry headnote
Art 3 (substantive and procedural) • Inhuman and degrading treatment • Mechanical restraint of the applicant to his bed for almost eight days during his compulsory confinement in a psychiatric hospital ward • Initial imposition of restraint measure strictly necessary to prevent him from harming himself or others • Continuation of measure, for an extraordinarily long period, not strictly necessary and not respectful of the applicant's human dignity • Not proven that measure did not expose applicant to pain and suffering • Ineffective investigation". €41,600 for non-pecuniary damages was awarded.
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