66 ANNUAL REPORT 2014 Statistics also confirm that tolerated residence can last for a very long time. In 2014, for instance, three persons living at ‘Center Sandholm’ had spent more than 10 years under tolerated residence status, and 12 persons had been under tolerated residence status for five to 10 years. Previously, only a few people were living under tolerated residence status in Denmark, but the number has increased in recent years. In 2002, 17 persons were living under tolerated residence status, whereas 67 persons were living under tolerated residence status in 2014. The object of the monitoring visit was to get an impression of the conditions for persons under tolerated residence status and to assess whether these conditions are in conflict with, for instance, the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment or the European Convention on Human Rights. The purpose was also to assess whether the conditions are in conflict with the terms of the Ombudsman Act called ‘universal human and humanitarian considerations’. Who is living under tolerated residence status? Persons under tolerated residence status live in Denmark even though they do not have the right to stay here. There are various reasons why they are not allowed to stay in Denmark: Some are excluded from obtaining asylum in Denmark because they have been deported and have been barred from entering the country due to crime committed in Denmark. There is also a group of people barred from obtaining asylum, for instance if there are serious reasons to believe that they have committed a grave, non-political crime abroad. Furthermore, there are a few people who live under tolerated residence status because they are considered a risk to state security. The reason why these people live in Denmark is that it would be unlawful to deport them. They are covered by a provision in the Aliens Act according to which it is prohibited to deport people to another country where they risk the death penalty or risk being subjected to torture or inhuman or degrading treatment or punishment. According to this provision, it is also prohibited to deport people to a country where they are not protected against deportation to another country in which they may be exposed to such risks. A LEGAL CHALLENGE The investigation of the issue raised a number of legal issues. Firstly, we had to assess whether the conditions for persons under tolerated residence status at ‘Center Sandholm’ are in conflict with the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the

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