Published on 4 March 2024
FOURTH SECTION
Application no. 2390/24
Birthe RASMUSSEN and Others
against Denmark
lodged on 12 January 2024
communicated on 12 February 2024
SUBJECT MATTER OF THE CASE
The applicants are close relatives of J.F. who, on 17 November 2017, while imprisoned, died from intoxication by several substances, including methadone. It appeared that beforehand J.F. had taken methadone pills from the medication store at the prison.
The applicants lodged compensation proceedings against the prison authorities, finding that the latter had failed to provide J.F. with adequate supervision and medical care and, accordingly, to protect his life. By a judgment which became final on 14 September 2023, the High Court found against the applicants.
The applicants complain that the respondent State did not discharge its obligations under Articles 2 and 3 of the Convention.
QUESTION TO THE PARTIES
Having regard to the State’s obligation to protect the life and health of people placed within its care (see, for example, Patsaki and Others v. Greece, no. 20444/14, § 88, 7 February 2019 and the cases cited therein), has there been a breach of Article 2 of the Convention in the present case?
APPENDIX
Application no. 2390/24
No.
Applicant’s Name
Year of birth
Nationality
Place of residence
1.
Birthe RASMUSSEN
1954
Danish
Hjorring
2.
Walaa Gamel Abdellateef ELNAKORY
1984
Egyptian
Alexandria
3.
Romaysa Joseph RASMUSSEN
2012
Egyptian
Alexandria