The judgment of the European Court of Human Rights in the case of M. B. v. Poland concerns the conditions for the lawfulness of the deprivation of liberty of a person of “unsound mind” (a person with a mental disorder). In it, the Court found a violation of Article 5(1)(e) of the European Convention on Human Rights as a result of the applicant being placed in a psychiatric institution, as a protective measure, based on an expert opinion prepared a year and a half earlier. Consequently, the Court found that the fact that the applicant's mental condition required isolation had not been sufficiently reliably demonstrated. The Court stressed that one of the conditions for the lawfulness of depriving a person with a mental disorder of liberty is that it be established on the basis of a sufficiently up-to-date expert opinion. The medical assessment must be based on the actual state of mental health of the person concerned and not solely on past events.
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