Published on 12 September 2022
SECOND SECTION
Application no. 25650/22
Emma DAUGAARD SORENSEN
against Denmark
lodged on 17 May 2022
communicated on 22 August 2022
SUBJECT MATTER OF THE CASE
On 7 June 2021 the applicant reported to the police that she had been raped by M the previous day. On 30 July 2021 the prosecution, at first instance, decided to drop the charges against M, a decision that was overturned on appeal by the Regional State Prosecutor on 16 September 2021. However, having failed to inform M about that decision within the time-limit set out in section 724(2) of the Administration of Justice Act, the charges against M were dropped by a City Court decision of 16 November 2021. It appears that the applicant was informed thereof when the Regional State Prosecutor, on 30 November 2021, wrote a letter to the applicant’s lawyer apologising and explaining that an error had occurred at his office when sending a registered letter to M. On 21 December 2021 the applicant lodged a claim for compensation in the amount of 100,000 Danish Kroner with the Compensation Board. That case is still pending.
The applicant complains under Articles 3, 6, 8 and 13.
QUESTIONS TO THE PARTIES
1. Having regard to the fact that the charges against M were dropped on 16 November 2021 due to the Regional State Prosecutor’s failure to comply with the time-limit set out in section 724(2) of the Administration of Justice Act, has there been a violation of Articles 3 or 8 of the Convention (see, for example, M.C. v. Bulgaria, no. 39272/98, §§ 150, 152-153, ECHR 2003‑XII)?
2. Has there been a separate violation of Articles 6 or 13 (see, for example, M.C. v. Bulgaria, cited above, § 148, and A and B v. Croatia, no. 7144/15, §§ 84 and 85, 20 June 2019)?