Inhumane treatment at a State-owned psychiatric facility amounts to abuse by the State party

Facts

The authors of the communication are two Bulgarian citizens acting on their behalf and on behalf of their deceased sister and daughter, Valya Yordanova Lazorova. Ms. Lazorova was diagnosed with schizophrenia and as a result, on 6th June 1998 she was placed in a Social Care Facility which was controlled and financed by the State party. During an inspection in 2006, it was found that the facility was in a dilapidated condition and the patients were locked under appalling inhumane conditions where they were kept barefoot, unwashed and soaked in urine and excrement. On 3rd January 2007, Ms. Lazorova was administered a sedative to moderate her agitation however, it was afterwards discovered that she had disappeared from the institution. The institution contacted the police later and she was declared missing. On 22nd January 2007, Ms. Lazorova was found dead in a forest 20 kilometers away from the institution, the cause of death was found to be hypothermia and physical exhaustion.

The authors of the communication submitted a complaint to start a criminal investigation for manslaughter, however, this complaint was rejected. Later, the authors initiated administrative proceedings before the Ministry of Labour and Social Policy, however, they were informed that the Ministry had taken adequate and timely measures without responding to the specific allegations they made. In 2007, the authors initiated civil proceedings against the Municipality, the Ministry of Labour and Social Policy and the Council of Ministers however, the Administrative Court refused to open a civil case, stating that, in their claims, the authors had failed to respond to the court’s instructions to identify the officials and specific activities concerned. The appeal to the Supreme Administrative Court was also dismissed. Finally, the authors submitted an application before the European Court of Human Rights which was deemed inadmissible.

The authors have claimed the inadequate and negligent care of Ms. Lazarova in the Radovtsi Home, her disappearance and subsequent death constitute a violation of her rights under articles 6, 7 and 10 (1) of the Covenant.

Admissibility

Contrary to the submissions of the State party, the Committee considered that the author’s claims were admissible ratione personae since they submitted their communication as family members of the victim, a person with a severe intellectual disability, who died while residing in a social care institution, under the authority of the State. The latter was expected to ensure an effective investigation and accountability of the personnel concerned.

Merits

The Committee noted that the medical personnel within the Radovtsi Home knew or should have known about the medical and psychosocial needs of Ms. Lazarova, and found that the State party failed to take appropriate measures to protect Ms. Lazarova’s life during the period she resided at the Radovtsi Home. This violated her right under article 6 (1). Additionally, The State party has admitted that the authorities were aware of the failures in care and treatment at the Radovtsi Home, which exposed Ms. Lazarova to inhumane and degrading treatment violating article 7 of the Covenant. Further, the Committee was also of the view that the regular isolation and locking of Ms. Lazarova in inhumane and unsanitary conditions violated her rights under article 10 (1) of the Covenant.

Recommendations

The State party is obligated to:

a) Make full reparations to the authors;

b) Take appropriate steps to ensure that conditions in psychiatric care facilities are compatible with the State party’s obligations under articles 6, 7 and 10 of the Covenant.

Implementation

Deadline for implementation: 11 September 2023