Summaries of selected statements | 71
Since 2014, the conditions for this category of persons had changed in a number of respects. A significant change was that they were now required to reside
at Kærshovedgård, which is in overall terms considerably more isolated than Sandholm. On the other hand,
in the case of a not insignificant proportion of persons
with tolerated residence status, the requirement that
they reside at Kærshovedgård had been terminated
by a court or by the Danish Immigration Service. In
the Ombudsman’s opinion it could thus be noted that
the hopelessness characterising the lives of persons
with tolerated residence status had to a certain extent
undergone a positive change compared to 2014.
The Ombudsman maintained his view from the 2014
report that the overall conditions for the category
of persons on which the visit focused were to be
regarded as very stressful and as severely restricting
even basic aspects of living. However, the general
conditions for these persons did not contravene, for
instance, the prohibition of degrading treatment under
the UN Convention Against Torture and the European
Convention on Human Rights.
2018-19. Practice of processing several requests
for access to documents or information together
In connection with his investigations of specific complaint cases concerning requests for access to documents or information under the Access to Public
Administration Files Act, the Ombudsman became
aware that, for resource reasons, some authorities had
a practice of processing several requests for access
to documents or information about the same subject
together.
The practice consisted in grouping a number of more
or less identical requests for access to documents or
information about the same subject received by the
authority within a certain period of time and releasing
the same material, based on the most broadly worded
request, at the same time to all those requesting
access.
In two specific cases, the Ombudsman had criticised
the authorities’ procedure on the grounds that it was
clear that it had resulted in longer processing times –
in one of the cases because the request, which was for
one document only, had been processed together with
some very comprehensive requests.
These cases, among others, caused the Ombudsman
to ask the Ministry of Justice for its opinion of the
practice of processing several requests for access
together.
The Ministry stated to the Ombudsman that in its
opinion it is legal for authorities to process several
requests together. However, in an effort to save resources, an authority is not permitted, for instance, to
exceed the time limits set out by the Access to Public
Administration Files Act.
In addition, the Ministry made some general comments on the organisation of the processing of
requests which are grouped and processed together.
Among other things, the Ministry pointed out that
the processing must, to the greatest extent possible,
be organised in a manner to ensure that the least
comprehensive requests can be processed to conclusion as quickly as possible. In addition, decisions
on subsets of the total material should be made on an
ongoing basis if possible.
In essence, the Ombudsman concurred with the Ministry’s views, and he concluded the case with reference
to the Ministry having stated that it intended to inform
the other ministries of its views on the organisation
of the processing of requests which are grouped and
processed together and to publish this information on
the Public Access Portal (www.offentlighedsportalen.dk), an Internet portal set up by the Ministry which
contains information about access to public records.
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