| Applicant name | DAUGAARD SORENSEN |
| Applicant type | Natural person |
| Number of applicants | 1 |
| Country | Denmark |
| Application no. | 25650/22 |
| Date | 15/10/2024 |
| Judges | Gabriele Kucsko-Stadlmayer, President, Faris Vehabović, Anja Seibert-Fohr, Ana Maria Guerra Martins, Anne Louise Bormann, Sebastian Răduleţu, Mateja Đurović |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | violation |
| Reason | Positive obligation |
| Type of privacy | bodily integrity; procedural privacy |
| Keywords | Procedural requirments implicit |
| Facts of the case | Relying on Articles 3 and 8 of the Convention, the applicant complained that she had been deprived of her right to an effective prosecution and judicial review in respect of the alleged rape. In so far as relevant, those Articles read as follows: |
| Analysis | The Court cannot ignore the fact that in the present case, at least three consecutive errors were committed – and acknowledged – by the Prosecution Service. The foregoing considerations are sufficient to enable the Court to conclude that there have been such significant flaws in the procedural response to the applicant’s allegations of rape that there has been a violation of the respondent State’s positive obligations under Articles 3 and 8 of the Convention. |
| Other Article violation? | Article 3 |
| Damage awarded | (a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement: (i) EUR 10,000 (ten thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage; (ii) EUR 10,000 (ten thousand euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses; |
| Documents | Judgment |