Strasbourg Court Condemns Latvia's Actions
The European Court of Human Rights (ECHR) delivered a unanimous decision on November 6, 2025, finding the Republic of Latvia in violation of the European Convention on Human Rights. The case, identified as M.A. v. Latvia (Application no. 55234/21), concerned the prolonged detention of a mentally ill woman in an ordinary prison facility, despite a domestic court order for her transfer to a psychiatric hospital.
The Court ruled that Latvia had breached Article 5 § 1 of the Convention, which guarantees the right to liberty and security of person, specifically regarding the lawful detention of persons of unsound mind. This decision underscores the principle that detention of individuals with mental disorders must be for therapeutic purposes and in an appropriate medical environment, not merely for confinement.
Details of M.A.'s Detention
The applicant, identified as M.A., a Latvian national born in 1967, had a long history of serious mental health issues, including an organic personality disorder and epilepsy. She was officially recognized with a second-degree disability in 2016. In 2018, she was sentenced to four years in prison for fraud and forgery, serving her term at the Iļģuciema women's facility in Riga.
In October 2020, during a second fraud case, a Riga court ordered a psychiatric evaluation. Following this, in spring 2021, M.A. was transferred to the Riga Psychiatric and Narcology Center. Doctors there concluded that her mental condition had significantly deteriorated, rendering her unfit to participate in legal proceedings or serve a prison sentence. They strongly recommended her transfer to a psychiatric hospital for long-term treatment.
Failure to Implement Court Order
Despite the clear medical recommendations, a district court order issued in July 2021 for M.A.'s transfer to a general psychiatric hospital for six months of treatment was not implemented. This order officially entered into force on August 10, 2021. Instead of being moved to a hospital, M.A. was returned to Iļģuciema prison and remained there for nearly half a year.
Her detention in ordinary prison facilities between July 13, 2021, and February 4, 2022, was found to be unlawful by the ECHR. It was not until February 2022 that another court intervened, ending her prison term and finally ordering her transfer to psychiatric care. The European judges stated that this delay 'went far beyond what could be considered acceptable' and that the state 'should have acted immediately'.
Compensation and Legal Reaction
The ECHR ordered the Latvian government to pay M.A. 9,000 euros (approximately $10,384) in compensation for the violation of her rights.
Jelena Averinska, M.A.'s lawyer, expressed satisfaction with the ruling, remarking that the authorities' inaction disregarded both medical evidence and common sense. She stated that after psychiatric experts recommended hospital treatment, 'the ordinary prison ignored all my requests to take steps to fulfil the expert's indications.'
5 Comments
Fuerza
Another example of the ECHR meddling in national affairs. This is getting ridiculous.
Manolo Noriega
While the ECHR ruling correctly points out the violation of M.A.'s rights, it's also important to consider the immense pressure and underfunding national mental health services face.
Ongania
She committed fraud and forgery. Prison is for criminals, mental illness or not.
Fuerza
It's undeniable that keeping a mentally ill person in a regular prison after a court order is wrong. However, the article doesn't fully explore the logistical hurdles that might have led to such a significant delay.
Ongania
The ECHR is right to hold states accountable for human rights, but the focus on a monetary award doesn't necessarily solve the underlying systemic issues that led to this situation in the first place.