Published on 12 September 2022

SECOND SECTION

Application no. 25263/22 M.P. against Denmark lodged on 5 May 2022 communicated on 22 August 2022

SUBJECT MATTER OF THE CASE

The application concerns the applicant’s confinement on 10 October 2017 and 26 January 2019 to a restraint bed for, respectively, 19 hours and 27 minutes and 10 hours and 25 minutes when he was, respectively, 13 and 15 years old and had been admitted to a psychiatric hospital.

The applicant appealed against the confinement to the Psychiatric Patients’ Complaints Board ( det Psykiatriske Patientklagenævn ), which found both measures lawful.

Relying on Article 3 of the Convention, the applicant challenged the legality of the measures before the City Court ( Retten i Holbæk ) which, on 7 November 2019, found against him. On appeal, the measures were approved by the High Court of Eastern Denmark ( Østre Landsret ) on 11 June 2020, and the Supreme Court ( Højesteret ) on 8 November 2021.

QUESTIONS TO THE PARTIES

1. Was the confinement of the applicant to a restraint bed on 10 October 2017 for 19 hours and 27 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 26 January 2019 for 10 hours and 25 minutes in breach of Article 3 of the Convention?