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 o n 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 F ebruary 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?