2014 AT THE OMBUDSMAN INSTITUTION
in this Annual Report, Senior Head of Division Kirsten Talevski also describes
various ‘smart’ ways of resolving cases.
We also try to be very mindful of when cases can be discussed with the authorities directly responsible ‒ for example the relevant municipality ‒ and when
they should be raised to a high level.
In the 2012 Annual Report, for example, we described how the Use of Force
Committee under the Ministry of Children, Gender Equality, Integration and
Social Affairs was set up because we raised a number of specific questions on
the use of force towards children and young people, not with the individual
residential institutions, etc. but with the relevant interdisciplinary ministry.
There was a corresponding example in 2014 when we contacted the Ministry
of Finance (and the Ministry of Justice) and raised the very significant problem
that public IT systems are often not designed to take account of basic administrative law requirements. This not only contravenes the legislation but is also
a serious problem in terms of legal protection. The Ministry of Finance took
this very seriously, and a number of measures have now been implemented to
prevent these problems (Annual Report 2014, Case No. 2014-34).
THREE HIGH-PROFILE CASES
One thing is what we in our institution see as having taken up space in the
report year. Another thing is what has drawn particular public attention. One
case which received considerable press coverage was the so-called Adam Holm
case (Annual Report 2014, Case No. 2014-12). The case concerned freedom of
speech for employees at the Danish Broadcasting Corporation (DR).
In his private capacity, a DR TV programme presenter, Adam Holm, wrote
a feature article in a daily newspaper, Politiken. In the article, he made very
negative comments on religion and religious people with basis in the tragic
death of a young acquaintance.
DR got it all wrong from the start in this case. Adam Holm was reprimanded
and told at the same time that in future he would need permission from DR
if he wanted to express his personal opinions in public. Both reactions were
unlawful, and the latter was even in the nature of unconstitutional censorship.
We expressed our sharp criticism of DR’s actions, and DR had withdrawn both
reactions even before our criticism.
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