No breach of human rights on Faroese roads

07.06.2019 - 18:50
No breach of human rights on Faroese roads
The Faroese Road Traffic Act does not breach human rights, according to the Danish Supreme Court

A defence lawyer’s argument that the Faroese Road Traffic Act is in breach of human rights did not convince the Danish Supreme Court.

A man was sentenced yesterday for not reporting his involvement in a traffic accident in April 2015, which resulted in injury to a pedestrian. 

The Faroese Road Traffic Act states that people involved in a traffic accident are obliged to report it to the police within six hours of the accident.

According to the ‘six-hour provision’, which came into force in the Faroes in 1981 and does not apply in Denmark, if a driver is found to be under the influence when tested within six hours of an accident, it is assumed that the driver was also under the influence at the time of the accident.

Human rights

Barrister Christian Andreasen, who represented the defendant, argued that this requirement is a breach of human rights.

The defendant was arrested within six hours of the incident, at which time a breath analysis revealed that he was under the influence of alcohol. But he insists that he was sober when the accident occurred.

Andreasen argued that imposing an obligation on people to report themselves to the police is wrong because no private citizen has a self-reporting duty.

Hit and run

The Supreme Court did not accept Andreasen’s human rights argument and handed the man a three-year unconditional driving ban along with a DKK 8,500 fine.

He was found guilty of driving under the influence of alcohol, injuring a pedestrian, not providing help to the injured person and not reporting the incident.

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