The European Court of Human Rights has condemned Spain To pay a compensation of 20,000 euros to MBa Moroccan woman who burned her house in Salamanca while she was in a drunken state. The reason that the ECHRY wields is that the Spanish justice exceeded in the time of preventive detention that the woman passed.
The events occurred in March 2018, when MB, diagnosed with paranoid schizophreniaI on fire the floor in which he lived. The police arrested her immediately and was put in pretrial detention pending trial. In February 2020, almost two years later, It was acquitted By the Provincial Court of Salamanca, determining that, although it was the cause of the fire, at that time he suffered an acute crisis of the mental disorder he suffered and that there were consumed a lot of alcohol. Since he was in a “state of total imbalance,” he was exempt from criminal responsibility.
However, the same court estimated that the woman should be hospitalized between five and fifteen years In a psychiatric center, for your safety. He appealed both to the Superior Court of Justice of Castilla y León and the Supreme Court and finally to the Constitutional, but in all three cases his request was dismissed. In July 2021, MB was admitted to a penitentiary psychiatric hospital And, eleven months later, the authorities ordered their transfer to A mental health center When considering what it represented a lower risk. It was not until November 2023 when that transfer occurred.
The MB defense used articles 5.1, 5.3 and 5.4 (on the right to freedom and security) and 7 (principle of criminal legality) of the European Convention on Human Rights, alleged that the Preventive prison had been illegal, excessively prolonged and not reviewedand that the internment in the psychiatric center after its acquittal had not been sufficiently justified.
The ECHR has given MB reason regarding non -compliance with article 5.1, understanding that the evaluation carried out by the Spanish courts was based on the mental state of MB on the date of the fire, that is, almost two years before the imposition of the security measureand that there was no reevaluation of its mental state at the time the internment order was issued. In addition, they consider that the medical reports submitted to the Provincial Court They were not properly examinedand that the Spanish courts did not estimate the therapeutic or medical needs or the need to avoid harming itself or others.
Under this premise, the ECHR has ordered Spain to pay MB a compensation of 20,000 euros For moral damage.
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