CRPD/C/24/D/36/2016 by counsel and by his father. The Optional Protocol entered into force for the State party on 19 September 2009. 1.2 On 1 April 2016, the Special Rapporteur on new communications and interim measures, acting on behalf of the Committee, issued a request for interim measures under article 4 of the Optional Protocol, requesting the State party to take all necessary measures to ensure the suspension of forced electroconvulsive therapy on the author, pending the examination of the communication by the Committee. 1.3 On 9 December 2016, pursuant to rule 70 (8) of the Committee’s rules of procedure, the Committee, acting through its Special Rapporteur on new communications and interim measures, decided to grant the State party’s request for the admissibility of the communication to be examined separately from the merits. On the same date, the Committee, acting through its Special Rapporteur on new communications and interim measures, granted the State party’s request to lift the request for interim measures. A. Summary of the information and arguments submitted by the parties Facts as submitted by the author 2.1 The author notes that he has been diagnosed with psychosocial disabilities and was, at the time of the submission of his complaint, undergoing psychiatric care at Eastern Health’s Upton House mental health facility in the State of Victoria. He claimed that he was being subjected to forced hospitalization and treatment at the facility, including by electroconvulsive therapy. He challenged his hospitalization through a habeas corpus writ before the Supreme Court of Victoria. The Court dismissed the author’s complaint on 22 March 2016. The author alleges that any further appeal to higher courts, including by submitting an appeal to the High Court, would be extremely costly and not efficient, insofar as it would focus only on the applicable legislation, without focusing on the individual circumstances of his case. 2.2 On 3 March 2016, the author appealed against his enforced treatment, including the electroconvulsive therapy, to the Mental Health Tribunal. He notes that he presented reports by two independent psychiatrists before the Tribunal, according to which he had full capability to exercise informed consent regarding his treatment, which included the right to refuse to undergo treatment against his will. The Tribunal dismissed the appeal and upheld the decision concerning the author’s treatment. Complaint 3. The author claims that the State party has violated his rights under articles 12, 14, 15, 16, 17 and 21 of the Convention in relation to his alleged compulsory hospitalization and treatment, including the administration of electroconvulsive therapy, provided to him at Eastern Health’s Upton House mental health facility in Victoria. State party’s observations on admissibility 4.1 On 1 June 2016, the State party submitted its observations on the admissibility of the communication. The State party submits that the communication should be found to be inadmissible as: (a) the author has not exhausted domestic remedies, as required under article 2 (d) of the Optional Protocol; (b) the complaint is manifestly ill-founded under article 2 (e) of the Optional Protocol; and (c) the communication has not been submitted validly on behalf of the alleged victim, as required under article 1 (1) of the Optional Protocol. 4.2 The State party notes that it does not accept the material facts as asserted on behalf of the author in relation to the admissibility of the communication. It argues that the author has omitted a large quantity of pertinent factual information, including details of the legal guardianship asserted by his father, the inpatient treatment order made by the Mental Health Tribunal, the order authorizing electroconvulsive therapy made by the Mental Health Tribunal, and the judgment of the Supreme Court of Victoria in the author’s unsuccessful habeas corpus application, in which he contended that the Mental Health Tribunal was acting outside of its power under the Mental Health Act 2014 of the State of Victoria. The State 2

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