The Human Rights Court in Strasbourg has accused Denmark of violating a convicted man’s rights by refusing him a trial.
In 1996, the man began a sentence at Herstedvester prison after he was found guilty of attempting to rape a 10-year-old.
Following his initial conviction, the state successfully denied the man an appeal on the grounds he was a danger to society.
Refusal was a violation
But the Human Rights Court in Strasbourg has now ruled that this refusal was a violation of Article 5 of the European Convention of Human Rights.
The court explained that it is an imprisoned citizen’s fundamental right to have an impartial assessment irregardless of the authority’s stance.
The judgement marks a departure from other similar cases, in which it was ruled that prisoners have the right to an assessment, but only after a given number of years had passed.
Denmark can now take the case to the Grand Chamber, the highest authority at the European Court of Human Rights.