Background 

For several years, Jaroslav Červenka was in and out of a psychiatric hospital. He had an alcohol problem, which caused dementia-like symptoms.

In 2005, a court took away Jaroslav’s legal capacity. It decided that he was unable to make legal decisions for himself.

Jaroslav tried to get his legal capacity back, but his requests were always refused.

In February 2011, after concerns were raised about his worsening condition, a court-appointed public guardian decided that Jaroslav was no longer fit to look after himself and that he should therefore be placed in a social care home.

Jaroslav protested against his placement in the home, which he was not free to leave. He said that he was being held against his will - but the authorities did not listen to him.

Eventually, a human rights lawyer stepped in on Jaroslav’s behalf and demanded his release. The lawyer thought that Jaroslav’s detention was unlawful.

The Czech courts refused to act on the lawyer’s complaint because Jaroslav lacked the legal capacity to ask a lawyer to work for him.  

In September 2011, Jaroslav’s public guardian abruptly ended the agreement with the social care home. Jaroslav was finally free to leave.