SECOND SECTION

DECISION

Application no. 1349/21 Silas DAM against Denmark

(see appended table)

The European Court of Human Rights (Second Section), sitting on 10 November 2021 as a Committee composed of:

Branko Lubarda, President, Pauliine Koskelo, Marko Bošnjak, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 17 December 2020,

Having regard to the formal declaration accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Mr Tobias Stadarfeld Jensen, a lawyer practising in Aarhus.

The applicant’s complaint under Article 3 of the Convention concerning the confinement to a restraint bed was communicated to the Danish Government (“the Government”).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against Denmark in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The payment will constitute the final resolution of the case.

THE LAW

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the application.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 2 December 2021.

{signature_p_2}

Viktoriya Maradudina Branko Lubarda Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 3 of the Convention

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for pecuniary and non-pecuniary damage

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

1349/21

17/12/2020

Silas DAM

1998Tobias Stadarfeld Jensen Arhus

15/10/2021

15/10/2021

12,100

5,823

[1] Plus any tax that may be chargeable to the applicant.

[2] Plus any tax that may be chargeable to the applicant.