lagen.nu
no. 5855/25

Klein v. Denmark

Struck out of the list

Domstol
European Court of Human Rights
Avgörandedatum
2025-12-04
ECLI
ECLI:CE:ECHR:2025:1204DEC000585525
Artiklar
3, 5, 6, 8, 13, 14, 39
Källa
hudoc.echr.coe.int

Berörda konventionsartiklar

FOURTH SECTION

Application no. 5855/25 Marianne Søndenbroe KLEIN against Denmark

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 4 December 2025 as a Committee composed of:

Anne Louise Bormann , President , Sebastian Răduleţu, András Jakab , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 10 February 2025,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Mr Tobias Stadarfeld Jensen, a lawyer practising in Aarhus.

The applicant’s complaints under Article 3 of the Convention concerning her daughter’s confinement to a restraint bed in a psychiatric hospital was communicated to the Danish Government (“the Government”). Complaints based on the same facts were also communicated under other provisions of the Convention.

The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against Denmark in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay her the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The payment will constitute the final resolution of the case.

In addition, the Government was prepared to instigate that the course of the events of the case be raised and discussed in the Danish Health Authority’s Task Force for the Prevention of Coercion in the Psychiatry ( Sundhedsstyrelsens Task Force for Forebyggelse af Tvang i Psykiatrien ).

THE LAW

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the application.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 8 January 2026.

{signature_p_1} {signature_p_2}

Viktoriya Maradudina Anne Louise Bormann Acting Deputy Registrar President

APPENDIX

Application raising complaints under Articles 3, 5, 6, 8, 13 and 14 of the Convention

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for non-pecuniary damage (in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

5855/25

10/02/2025

Marianne Søndenbroe KLEIN

1962

Jensen Tobias Stadarfeld

Arhus C

27/10/2025

24/10/2025

15,000

3,000

[1] Plus any tax that may be chargeable to the applicant.

[2] Plus any tax that may be chargeable to the applicant.