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)?