The European Court of Human Rights (ECHR) delivered its judgement on Tuesday in the case of Daugaard Sorensen v. Denmark, which centered on the dismissal of charges against the applicant’s alleged rapist due to administrative errors by the Danish Regional State Prosecutor’s Office.
The case involves applicant Emma Daugaard Sorensen, who had reported a rape to the Danish police in 2021. Although police responded quickly and arrested a suspect, the alleged perpetrator was released due to insufficient evidence. Upon appealing the decision, the Regional State Prosecutor’s Office reopened the investigation, with the requirement that a letter notifying the perpetrator of the overturned decision and his conviction be sent within a two-month limitation period. However, the Prosecutor’s office encountered several administrative errors, resulting in the letter not being delivered. Daugaard Sorensen later received an apology from the Prosecutor’s office, informing her that the case would be dropped due to these errors.
In 2022, the applicant consequently submitted a case to the ECHR, citing violations of the European Convention on Human Rights. The claims included breaches of Article 3, which prohibits inhumane or degrading treatment, Article 6 on the right to a fair trial, Article 8 regarding respect for private and family life, and Article 13, the right to an effective remedy. In particular, Sorensen argued that she had been denied her right to an effective prosecution and judicial review.
In its judgement the court conducted a joint assessment of Article 3 and 8 of the convention. It specifically reaffirmed that states have a positive obligation under European human rights law and the convention, to effectively implement and enact criminal laws that punish rape. In light of the administrative errors by the Danish Regional State Public Prosecutors Office, the court found that the office acted negligently by failing to confirm whether the registered letter informing the alleged perpetrator of his conviction had been sent.
The ECHR found that, irrespective of the party responsible for the errors, the applicant was ultimately deprived of an effective prosecution or judicial review against her alleged perpetrator. This reflects a substantial failure in Denmark’s procedural criminal justice response to allegations of rape and constitutes a clear violation of Articles 3 and 8 of the convention. Pursuant to Article 41 of the convention, addressing “just satisfaction,” the applicant was awarded €20,000 (approximately $21.782) in non-pecuniary damages, along with compensation for costs incurred during the judicial proceedings.
The judgment marks a significant ruling in Europe, particularly in light of the increasing prevalence of sexual and gender-based violence. In 2023, one in three women in the European Union and beyond were subjected to sexual or physical violence, with at least two women being murdered by a partner or family member each week. In a statement issued on the International Day for the Elimination of Violence against Women in November 2023, the European Commission urged the European community to intensify efforts to combat and eliminate violence against women.
