48 | Annual Report 2019
press release and offered interviews with, among
others, the Minister of Justice and the Director of
Public Prosecutions. It had been planned in advance
that the counsel who had been assigned to the gang
was to be informed about the Minister’s decision later
than the two media – more specifically not until five
minutes before the news would be made public by
the media.
The Ombudsman found that a news exclusive should
not have been used in the case. In this connection,
the Ombudsman stated that exclusives can be used
particularly in cases of a political nature, but that the
specific criminal case was not a case of a political
nature. The Ombudsman further stated that using an
exclusive may leave the impression that the Prosecution Service considers a specific criminal case to
be of a political nature – and that extraneous political
considerations may therefore have played a part in
the case.
In addition, the Ombudsman found that informing the
two media about the Minister’s decision before the
counsel was informed – and the procedure which was
planned by the Ministry in this regard – was clearly
contrary to good administrative practice. Further, the
Ministry’s failure to respond to two other media which
inquired about the case was contrary to the administrative law principles of equality and legitimacy.
Overall, the Ombudsman found that the Ministry of
Justice had committed significant errors in the case
and that its course of action did not underpin confidence in the Prosecution Service.
2019-4. Police use of force to reduce screaming
and shouting during deportations
During a forced deportation of a rejected asylum
seeker, the deportee offered resistance by, among
other things, screaming and shouting on the plane.
In order to reduce the shouting, the police officers
escorting the deportee restrained him and bent his
head towards his chest several times.
The Ombudsman asked detailed questions about the
use of this technique. Among other things, he asked
the police whether the technique could involve a risk
of obstructing the deportee’s free breathing.
The police subsequently arranged for the technique
to be demonstrated to a doctor. In the doctor’s assessment, the technique would not cause airway
problems if the person’s head was only held briefly in
this position and the hold was released when he or she
calmed down.
The police also informed the Ombudsman that before
the technique is used during a deportation, the escorting police officers are required to try to quieten the deportee down verbally. In addition, the deportee must
be informed that the use of force will be discontinued
when he or she calms down.
The fact that the police use force in certain situations to
reduce screaming and shouting during deportations
did not give the Ombudsman cause for comment. In
the light of the medical assessment, the technique
which had been used by the police also did not give
him cause for comment.
However, the Ombudsman recommended the National
Police to include directions on how the technique is to
be used, and on what conditions, in the internal guidelines of the police on escorted deportations by air.
The use of force during the specific deportation did
not give the Ombudsman cause for comment. The
police had informed the Ombudsman that the police
report on the deportation did not contain adequate
documentation of the use of force, and the Ombudsman agreed.
2019-6. Danish police officers did not neglect
obligations during deportation
Two legal case officers from the Ombudsman’s office
were present at a forced deportation by the police of
a number of foreign nationals. On arrival in the country
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