Questione giuridica chiave
Whether the refusal to lift hospitalization violated the right to be heard because the applicant was not allowed to comment on the discovered letter.
Decisione estratta
Yes. The letter was used as a basis for the decision, so the applicant had to be allowed to comment on it before the psychiatric supervisory council.
Motivazione estratta
The right to be heard under Art. 29(2) Cst. includes the right to comment on essential evidence. The defect was not cured on appeal because the administrative court exercised restraint on technical and medical questions and thus could not fully repair the violation.