Kernrechtsfrage
Whether the security detention from 30 March 2006 to 25 January 2007 was unlawful because it was served in a prison rather than a suitable psychiatric institution.
Extrahierter Entscheid
The detention was lawful in the circumstances because the authorities made serious efforts to place him in an appropriate clinic, placement attempts failed for objective reasons and partly because he refused them, and he was nevertheless psychiatrically treated in detention.
Extrahierte Begründung
Art. 5 ECHR requires suitable placement for mentally ill detainees in principle, but lawfulness must be assessed case by case. Here the authorities tried several institutions, the appellant declined a proposed interview and said he was no longer willing to undergo the measure, and treatment in detention contributed to his eventual release.