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A mentally ill man triggers a major police operation in front of the Federal Palace. What happens after such a case?
A man parks his car in the middle of the Bundesplatz and, dressed in combat gear, wants to enter the Bundeshaus. After his arrest, a quick test shows a positive result for traces of explosives.
The victim appears to be suffering from a mental illness. His mother told the French-speaking Swiss media that her son had no evil intentions and went to Bern believing that he would receive a military promotion there. Acquaintances describe the man in the French-speaking Swiss media as a military fan since the RS.
A person loses touch with reality and becomes a potential threat to their environment. What are the legal and therapeutic consequences? A brief classification.
Is the man in custody? No. Because traces of explosives were found on him, the federal prosecutor’s office is investigating – but the man is currently in protective accommodation (FU). The authorities ordered this. They are silent about his current whereabouts. It is likely that he is in a closed institution.
What is foster care (FU)? Article 426 of the Civil Code regulates the measure, which focuses on the care and treatment of those affected. A doctor can order a person with mental health problems to be hospitalized for a maximum of six weeks – even against their will. “If you deprive someone of their freedom, there must be a reason,” explains Dr. Benjamin Brägger, correctional expert. The prerequisite is that a mental disorder, mental impairment or severe neglect is present and the necessary treatment or care cannot be provided otherwise. The measure can be ordered for all natural persons – including minors.
Can those affected by a FU leave an institution? In some cases: yes. Nursing care is provided in a facility. This can be closed or open. If a person also expresses the wish to leave the institution during the placement, the case goes to the child and adult protection authority (KESB). In the last instance, a court must clarify whether the deprivation of liberty is justifiable.
Do the authorities only intervene in the event of an escalation? Cases like the present one in Bern are likely to represent an extreme form. If someone carries a weapon, makes threats or even becomes violent, criminal law comes into play. In the area of welfare accommodation, for example, cases of elderly people are typical who no longer provide the necessary personal care, i.e. no longer wash themselves, let their home be neglected or do not eat. Drugs and alcohol also often play a role in this context. If someone is capable of judgement, there must be regular self-endangerment in order to order an FI.
How controversial is the FU? Critics see a system out of control. Last year, 16,000 people were forcibly admitted. That’s 40 people a day. The Pro Mente Sana Foundation argues that the numbers are far too high compared to other European countries. There are also clear differences between the individual cantons. While in Appenzell Innerrhoden there are only 0.72 cases of welfare accommodation per 100,000 inhabitants, there are 2.72 in Zurich.