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Case No. 14/02038
The media were buzzing with rumours that the
Prime Minister was among the candidates for
one of the most senior posts in the EU, but when
a journalist requested access to any files in the
Prime Minister’s Office on the subject, the ministry would not disclose whether such documents
existed.
The Ombudsman refused to investigate the journalist’s complaint about the decision: The Prime
Minister’s Office was entitled to keep information secret in order to protect Denmark’s interests relating to foreign politics. Besides, it
was also okay to keep it a secret whether documents relating to a certain topic exist: In this
case, a confirmation of the existence of the documents could be perceived as an actual confirmation that the Prime Minister was a candidate
for the job, whereas a denial would imply that if
the ministry in later cases did not deny – but instead by way of example declined to confirm or
deny – the existence of such documents, this
would be perceived as an actual confirmation.
In 2014, the Ministry of Justice launched the
website www.offentlighedsportalen.dk – a webbased portal which, among other things, gives
access to some of the Ombudsman’s statements
on the Danish Access to Public Administration
Files Act in anonymous form, including the statement in this case.
Case No. 14/02557
When staff members from the Ombudsman’s
Monitoring Department were being showed
around in a closed psychiatric unit, a patient
handed them a letter and asked the Ombudsman
to treat it as a complaint. In the letter the patient complained, among other things, that she
had been admitted against her will.
After the monitoring visit, the Ombudsman
wrote to the patient that she should lodge a
complaint with the Psychiatric Patients’ Complaints Board first. She could, if needed, bring
the Complaints Board’s decision on compulsory
admission before the courts.
The Ombudsman also wrote to her that in accordance with standard practice the Ombudsman does not process complaints where, as in
this case, there is easy access to bring the case
before the courts.
Before the Ombudsman’s monitoring staff visit
an institution, the users at the institution are
offered a scheduled talk with the Ombudsman’s
staff during the visit. However, there is also often time for a spontaneous talk with users, for
instance when the monitoring staff are being
showed around.
Case No. 14/02937
Case No. 14/02544
When a group of commissioners of the Zimbabwean UN Commission on Human Rights paid a
visit to the Danish Institute of Human Rights, the
Commission had just received the authority to
act as the ombudsman of the country. Consequently, the institute suggested a visit to the
Danish Ombudsman.
The 10 commissioners were received by one of
the Ombudsman’s legal case officers. The legal
case officer gave an introduction to the Danish
Ombudsman’s work and then invited the guests
to come forward with questions and topics for
discussion. The guests wished, among other
things, to discuss how an ombudsman keeps his
independence and avoids being political. They also asked, quizzically, why a female ombudsman
had not been appointed in Denmark yet.
Every year, the Parliamentary Ombudsman office
opens its doors to many visitors from both Denmark and abroad.
A local grassroots organisation was dissatisfied
with the plans for the siting of a new motorway.
The Minister for Transport had agreed with some
of the members of Parliament’s Transport Committee that the motorway was to be constructed south of a village, and not north. According to
the grassroots organisation, it was recommended not only by the local citizens, but also by the
Road Directorate, that the motorway should
be constructed north of the village. The grassroots organisation wrote to the Ombudsman and
asked whether politicians were ‘entitled to make
such a foolish decision’.
The Ombudsman answered that the geographical location of a motorway is determined by law.
Since the Ombudsman cannot process legislative matters, he had to reject the case.
The Ombudsman cannot investigate complaints
against Parliament, including complaints about
individual members of Parliament, parliamentary
committees and acts passed by Parliament.
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