Human rights commission appears in mental health hospital detention case

“AB” was initially detained in St. Loman’s Hospital on foot of an admission order. He was automatically entitled to a review of his detention six weeks later, and again after three months. He was then detained based on a renewal order for a period of 12 months with no review of his detention.

AB’s lawyers argued before the High Court that there was no provision under the Mental Health Acts to apply to have the Mental Health Tribunal reconvened to conduct a further review of his detention in circumstances where he was no longer suffering from a mental disorder.

In its May 2017 judgment, the High Court stated that a person detained under the Mental Health Acts for a lengthy period was entitled to challenge the lawfulness of their continued detention at reasonable intervals before a court, citing article 5(4) of the European Convention on Human Rights. The State appealed the High Court ruling.

The Commission’s functions under the Irish Human Rights and Equality Commission Act 2014 include that of applying for liberty to appear as an amicus curiae before the superior courts in proceedings that involve, or are concerned with, human rights or equality rights.

Emily Logan, chief commissioner of the Irish Human Rights and Equality Commission (pictured), said: “This case focuses on the rights of people detained in psychiatric institutions for lengthy periods of time to challenge the legality of that detention.

“The Irish Human Rights and Equality Commission is exercising its statutory amicus curiae function in this case due to the significance of the issues involved.”