Request from the Public Prosecution Authority for continuation of compulsory psychiatric care
Supreme Court judgment 3 May 2021, HR-2021-937-A, (case no. 21-018214STR-HRET), criminal case, appeal against judgment.
A (Counsel Sigrid Broch) v. The Public Prosecution Authority (Counsel Iris Øsp Lydsdottir Storås)
Justices: Skoghøy, Bergsjø, Arntzen, Bergh, Berglund
An asylum seeker who in 2003 had committed two homicides and bodily harm to three random victims, and who had been expelled by the immigration authorities, was sentenced to transfer to compulsory psychiatric care. The judgment was upheld in several subsequent judgments. The Supreme Court found like the lower instances that the conditions for upholding the judgment were still met, see sections 65 and 62 of the Penal Code. It was mentioned that continued medication and a predictable way of life were necessary to prevent psychotic breakthrough and new aggravated offences. The imposition of continued compulsory psychiatric care would not be a violation of Articles 93 and 98 of the Constitution or Articles 3 and 14 of ECHR, although the services he was offered as an expelled foreign national were more limited than those offered to persons with a residence permit. The appeal against the Court of Appeal's judgment was dismissed.