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Case No. 12/04705
The authorities had refused to extend a man’s
sickness benefit period, among other reasons
because he did not have a sufficiently certain
and specific medical prognosis for when he
would be able to resume work. In order for the
man to have a right to have his sickness benefit period extended, the doctor had to assess
that the man would be able to resume work
within two years.
After the refusal, the man obtained a supplementary medical statement, from which it
appeared that the doctor had not previously
been asked when the man would be well
enough to work. In the doctor’s assessment,
the man would be able to resume work within
the two-year deadline.
The man complained to the Ombudsman,
who forwarded his complaint and the medical
statement to the Employment Appeals Board.
However, after a medical consultant had
looked at all the medical information in the
case, the Board upheld its decision to cease
paying the man sickness benefit.
If new information of importance to a case
turns up after the authorities have made a
decision in the case, the Ombudsman will consider whether the authorities should have the
opportunity of looking at the case again.
Case No. 13/03713
On a summer evening in 2013, at 20:00, 41
police personnel gathered at the Center
Sandholm asylum centre to participate in the
forced deportation of 18 Afghan men. Accompanying them on the journey were also a
physician, an interpreter and a representative
of the Ombudsman.
The group were transported to the airport in
buses and cars and with police escort. The
plane took off at 23:00. The flight to Kabul
took just over eight hours, and water and
sandwiches were served during the flight. At
7:45 the returnees started to leave the plane
in Kabul and were received by Afghan authorities. When all the men had disembarked in Afghanistan, the plane returned to Denmark.
The Ombudsman representative afterwards
described the trip as well-prepared and mostly
characterised by a good atmosphere. The police did, however, have to use a restraint belt in
three instances on the trip, and the Ombudsman representative deemed this to be necessary and reasonable in the circumstances.
The Ombudsman monitors that forced deportations of foreign nationals by the police are
carried out with respect for the individual and
without unnecessary use of force.
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