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ANNUAL REPORT 2014
residence is that it should be possible to find a person quickly if the person is to
be deported. But if there is no prospect that the person can be deported from
Denmark, this consideration must be of less importance than if a person comes
from a country where there is a prospect of deportation. As another example,
the Ombudsman pointed out that considerations in regard to national security
and public order seem to be of varying importance, depending on whether the
person in question is considered a risk to state security or has ‘only’ committed
ordinary crime.
What did the Ombudsman say?
It was the Ombudsman’s opinion that the
overall conditions for people under tolerated
residence status at ‘Center Sandholm’, compared to the indefinite duration aspect, were
very stressful and restrictive for a normal life.
However, the general conditions are not in
conflict with the prohibition on, for instance,
degrading treatment pursuant to the UN
Convention against Torture and article 3 of
the European Convention on Human Rights.
Still, the Ombudsman could not rule out that
the overall impact of the restrictions which
people under tolerated residence status at
‘Center Sandholm’ face, might over time in
specific cases result in what must be considered a violation of the conventions.
It was, however, also the Ombudsman’s
opinion that there is reason for the authorities to consider in more general terms to
which extent, based on the regards behind
the relevant legislation, it is necessary in all
respects to maintain such overall stressful
and restrictive living conditions as is currently
the case. The Ombudsman’s opinion was
based on ‘universal human and humanitarian
considerations’ which he must observe according to the Ombudsman Act.
(Annual Report 2014, Case No. 2014-42)
PARTNERS WITH DIFFERENT MANDATES
After the monitoring visit to ‘Center Sandholm’, we worked really hard to make
the necessary assessments, but just as much to communicate the conclusions as
precisely as possible to prevent misunderstandings.
During this process, it was an advantage for us that we could work together
with DIGNITY – Danish Institute Against Torture and the Danish Institute
for Human Rights. DIGNITY has a comprehensive medical knowledge and a
detailed knowledge of the fight against torture, etc. while the Danish Institute
for Human Rights has great expert knowledge within human rights legislation.
Denmark has acceded to the Optional Protocol to the UN Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
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