The unconvicted detention of persons with mental impairments: the ECHR “unsound” that does not sound

Abstract

Detention is an acknowledged violation of the right to liberty that enforces criminal law procedures. It is a coercive measure that aims to guarantee social freedom, security and justice. However, there are categories of persons that can be detained although unconvicted of any crime. Among others: (i) migrants within hotspots; (ii) pre-trial detained; and (iii) persons with disabilities. This paper focuses on the involuntary detention of persons with mental impairments, which is a common practice all over the world where states pretend to protect people from themselves and society through forced placement. Unfortunately, such a practice could also justify involuntary treatments that violate the dignity of individuals. While the international community is trying to revise this habit, the Council of Europe shows an “unsound” position.