Legislator Case Law & Legislation
SS-15301/2009-KBH ECLI:DK:KBH:2023:SS0000001259 AI generated

Claim for compensation for unlawful detention and isolation dismissed due to lack of evidence of specific harm.

Case Number SS-15301/2009-KBH
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the plaintiff's claim for compensation regarding unlawful pre-trial detention and isolation. The plaintiff argued that the detention and isolation conditions violated their rights and caused suffering, while the defense contended the measures were legally justified and proportionate. The court ruled that the plaintiff failed to provide sufficient evidence proving the detention was unlawful or that the isolation resulted in specific, compensable damage.

Legislator headnote

AI generated

Straffeforsikringsloven § 1; Straffeprocesloven § 100: A claim for compensation for unlawful pre-trial detention requires proof that the detention was legally unfounded and that specific, quantifiable harm resulted from the isolation measures.

Keywords

AI generated
unlawful detention compensation pre-trial isolation burden of proof proportionality principle criminal procedure law

Cited Legislation

AI generated
Straffeforsikringsloven § 1
Straffeprocesloven § 100
AI generated

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Full text

Sag om krav om erstatning for uberettiget varetægtsfængslet, herunder i isolation