Published on 26 April 2021
SECOND SECTION
Application no. 1349/21
Silas DAM
against Denmark
lodged on 17 December 2020
communicated on 9 April 2021
SUBJECT MATTER OF THE CASE
The application concerns the applicant’s confinement on 12 December 2018 and 11 January 2019 to a restraint bed for, respectively, 25 hours and 35 minutes and 3 hours and 30 minutes, while he was serving a sentence of committal to a psychiatric hospital.
The applicant appealed against the confinement to the Psychiatric Patients’ Complaints Board (det Psykiatriske Patientklagenævn), which found both measures lawful. However, it did not approve of the duration of the confinement that took place on 11 January 2019.
Relying on Article 3 of the Convention, the applicant instituted compensation proceedings before the City Court (Retten i Glostrup) which, on 6 September 2014, found against him. On appeal, by judgment of 21 February 2020, the High Court of Eastern Denmark (Østre Landsret) approved the measures. Leave to appeal to the Supreme Court (Højesteret) was refused on 3 July 2020.
QUESTIONS TO THE PARTIES
1. Was the confinement of the applicant to a restraint bed on 12 December 2018 for 25 hours and 35 minutes in breach of Article 3 of the Convention (see, inter, alia, Aggerholm v. Denmark, no. 45439/18, 15 September 2020)?
2. Was the confinement of the applicant to a restraint bed on 11 January 2019 for 3 hours and 30 minutes in breach of Article 3 of the Convention?
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