Expert with notable judgment: "It wasn't good enough, plain and simple."

Danish authorities violated Emma's human rights in a sexual assault case, a European Court of Human Rights ruling has determined.

"I'm completely happy, relieved, and proud that we've made it all the way here. It's been an incredibly long process," Emma says of today's ruling. (Photo: © Christian Andersen)

By Laura Kirkebæk-Johansson ([email protected] ) 16 minutes ago

The European Court of Human Rights in Strasbourg has ruled ( https://www.dr.dk/news/denmark/european-court-of-human-rights-rules-denmark-violated-emmas-human-rights-in-sexual-assault-case ) that Denmark violated 24-year-old Emma's rights in a sexual assault case.

Frederik Waage, who is a professor of constitutional and administrative law at South Denmark University, calls the ruling "very significant."

- The European Court of Human Rights has determined that there has been a violation of the woman's private life, as well as treatment that was degrading and in violation of the convention's rules. It simply wasn't good enough, he says.

Read also: European Court of Human Rights rules: Denmark violated Emma's human rights – denied the opportunity to have her sexual assault case tried ( https://www.dr.dk/news/denmark/european-court-of-human-rights-rules-denmark-violated-emmas-human-rights-denied-opportunity-to-have-sexual-assault-case-tried )

In 2021, Emma reported a man to the Danish police for sexual assault. However, errors led to the suspect not appearing in court – among other things because the wrong CPR number was used when contacting him. As a result, the case was abandoned.

DR does not publish Emma's full name due to the nature of the case, but is aware of her full identity.

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An unusual case for Denmark

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The ruling is generally not unusual for the court, explains Louise Halleskov, who is a professor of public law at Aarhus University and an expert in EU and human rights.

- We have countless rulings from the European Court of Human Rights that say something about states' obligations to effectively investigate and prosecute alleged human rights violations, she says.

But from a Danish perspective, it is more unusual.

- When Denmark is being sued, it's typically about another type of ruling and another type of obligation that's at issue, she says.

The European Court of Human Rights also states in the ruling that there is nothing inherently wrong with Danish legislation.

- What Denmark is being sued for is three specific errors made by the state attorney, who was responsible for bringing charges against the alleged sexual assault perpetrator, explains Louise Halleskov.

Therefore, it is also uncertain whether the case will have a significant precedent effect, she assesses.

Read also: Emma finally received a ruling in her case: It's about ensuring the rights of future victims ( https://www.dr.dk/news/denmark/emma-finally-received-ruling-in-her-case-it-s-about-ensuring-rights-of-future-victims )

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Not acceptable with 'regrettable errors'

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Emma's case was described by the police as a "regrettable error."

With today's ruling, it has been established that "it's not acceptable with regrettable errors," says Louise Holck, who is the director of the Institute for Human Rights.

- Citizens have a right to be protected and to have their cases handled properly when we are victims of crimes, she says.

- It means a right to proper investigation, a right to prosecution that doesn't fall to the ground due to procedural errors on the part of the authorities.

Read also: Hummelgaard on the ruling: It's serious ( https://www.dr.dk/news/politics/hummelgaard-on-ruling-it-s-serious )

In the summer, two changes to the criminal procedural law were passed as a direct consequence of DR's revelations.

The changes have, among other things, meant that the central time limit, which was exceeded in Emma's case and prevented the case from going to trial, has been extended from two to four months.

Furthermore, the Danish Parliament has decided that it will be possible for victims of negligence to seek compensation in the future.

You can read Emma's entire story here ( https://www.dr.dk/news/webfeature/emma ) and listen to DR's podcast series 'A Regrettable Error ( https://www.dr.dk/sound/special-radio/a-regrettable-error-4298183002000 ) ', which deals with police errors with serious consequences for multiple victims.

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