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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