Situation during visit in 2008
Information received in the reporting
Steps taken in previous years and (See
A/HRC/13/39/Add.6; A/HRC/16/52/Add.2A) period
association with other detainees in 2008 and
in 2009 the number increased to 788.
The Danish Ministry of Justice is currently
reviewing the recommendations issued by a
working group under the Danish Prison and
Probation Service in 2010 on limiting the
use and duration of exclusion from
association with other detainees.
(c) set an absolute limit to the
length of detention of
foreigners pending
deportation, and review the
practice of habeas corpus
under section 37 of the Aliens
Act.
19
Non-governmental sources: There was no
amendment to the Aliens Act concerning a
maximum limit to the length of deprivation
of liberty for foreigners pending deportation.
A bill amending the Aliens Act was adopted
in Dec.08. The bill states that, unless there
are particular reasons against it, the Danish
authorities should instruct illegal immigrants
who cannot be deported to take residence at
asylum centre Sandholm and report to the
local police at specific times.19
Non-governmental sources: On 22
March 2011, the Danish Parliament
implemented Directive 2008/115/EF of
the European Parliament and the
Council on common standards and
procedures in Member States for
returning illegally staying third-country
nationals. This included time limits for
detention (six months and an additional
12 months where there may be lack of
cooperation by the third-country
national or delays in obtaining the
Government: By 5 November 2009, 45
necessary documentation from third
aliens were detained in Ellebæk of which 18 countries, in line with the EU Directive
were waiting to be returned or deported. 31
rules).
aliens who had been expelled and who are
awaiting an effectuation of the decision of
Many asylum seekers continue to
expulsion were remanded in custody.
remain detained in Ellebæk for long
Furthermore, the National Commissioner of periods of time and longer than the 6Police, Aliens Department, took over 27
month period prescribed in the EU
cases of aliens who have been detained or
Directive 20080/115/EF.
remanded in custody in order to be deported
Reportedly, many of those individuals
from the local police districts. In a majority
are victims of trafficking, mentally ill or
of these 58 cases, detention will therefore
torture survivors. It is alleged that in
only be for a short period of time.
addition to being held in solitary
The Directive 2008/115/EF of the EU
confinement, they are handcuffed and
Act no. 1397 of 27.12.2008 om ændring af udlændingeloven [Act amending the Aliens Act]; available in Danish at:
https://www.retsinformation.dk/Forms/R0710.aspx?id=122943 (20.08.2009)
A/HRC/19/61/Add.3
30
Recommendations
(A/HRC/10/44/Add.2)
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