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ANNUAL REPORT 2015
THE OMBUDSMAN’S PRESENCE DURING FORCED DEPORTATIONS
Since 1 April 2011, the Ombudsman has monitored the police’s forced deportations. The objective of the monitoring is to ensure that the deportations are
carried out with respect for the individual and without unnecessary use of force.
There was no separate monitoring before the Ombudsman was assigned the
task, and the system is therefore new in Denmark.
Normally, we are present on the day when the foreign national is deported out
of the country, but we may also, as in the case mentioned above, observe the
detention prior to a forced deportation.
We select the forced deportations we wish to monitor from the police’s lists. It
is significant to us whether the deportation involves vulnerable groups, whether
families are deported, and whether there is an increased risk that forcible measures will have to be used, which we know from experience is often the case with
deportations to Afghanistan. In addition to this, we always make an effort to
be present during forced deportations where the police use specially chartered
planes – chartered by the Danish police on their own or together with other
countries.
We are only allowed to observe and do not have any authority to intervene in
the deportation proceedings. In practice, we stay discreetly in the background.
We try to be present in situations where the police take forcible measures into
use. During the above-mentioned detention, the Ombudsman’s staff member
stayed with the mother all the time.
The Ombudsman focuses on various aspects when assessing whether the deportation is effected with respect for the individual and without unnecessary use
of force. In addition to forcible measures, the Ombudsman also focusses on the
unity of the family. It happens that individual family members go underground
in an attempt to prevent the deportation. According to police guidelines,
families must generally be deported collectively. However, in exceptional cases
the police may carry out deportations of families without all family members
being present. In these cases, the Ombudsman assesses, among other things,
whether the police have informed the family prior to the deportation of the risk
that the family may be separated. The Ombudsman also assesses whether the
police have actively tried to find the family members who have disappeared, and
whether the police have made an actual decision that it is justifiable to carry out
the deportation of the family members present.
The family in the above-mentioned case was not detained prior to the deportation
because the police had grounds for suspecting that some of the family members
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