The Human Rights Court determines: Denmark violated Emma's human rights – denied her the opportunity to bring her rape case to trial.

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*European Human Rights Court determines:* Denmark violated Emma's human rights – denied the opportunity to have her rape case tried

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(Photo: © Sille Veilmark, DR News)

By

Maiken Frederiksen Line Gertsen ([email protected]) 24 minutes ago

- I am incredibly overwhelmed, extremely happy, and relieved, but it has been an incredibly difficult process.

That's how 24-year-old Emma describes her feelings after recently receiving a ruling from the European Human Rights Court that she had her human rights violated. This ruling was made in a recently concluded case at the European Court of Human Rights in Strasbourg.

We know her full name, but refer to her as Emma.

The European Court of Human Rights has determined that Articles 3 and 8 of the European Convention on Human Rights were breached in this case due to significant errors made by the authorities. These articles protect individuals from degrading treatment and uphold the right to respect for private and family life.

The case has taken several years, but according to Emma, the fight was worth it.

- I took it this far because I believe it was a principled case that doesn't just concern me but also ensures the legal system for those who come after me.

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Case dismissed on unreasonable deadline

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DR exposed the case in a podcast series 'An Unfortunate Error'.

It was revealed there that in 2021, Emma reported a man to North Zealand Police for rape. The case was initially dismissed, but the State Prosecutor in Copenhagen reassessed the case later the same year and determined that it should go to trial.

For the trial to proceed, the suspect had to be notified within a specific timeframe to appear before a judge. The prosecutor failed to meet this deadline without cause, and as a result, the suspect was released without ever standing trial.

Emma then filed a complaint with the European Court of Human Rights. And it is here, where the ruling was recently handed down. Emma only appears in DR's coverage with her first name.

Emma receives a compensation of a total of 20,000 euros - half of which is to cover costs related to the case.

The article is being updated...

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