Recommendations
(A/HRC/10/44/Add.2)
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
Parliament and of the Council on common
are subjected to body searches.
standards and procedures in Member States
for returning illegally staying third-country
nationals establishes rules concerning the
maximum length of detention. According to
article 15 (5), each member state shall set a
limited period of detention, which may not
exceed six months. According to article 15
(6) member states may not extend the period
referred to in paragraph 5 except for a
limited period not exceeding a further
twelve months in accordance with national
law in cases where, regardless of all their
reasonable efforts, the removal operation is
likely to last longer owing to:
- a lack of cooperation by the third-country
national concerned, or
- delays in obtaining the necessary
documentation from third countries.
Denmark decided to implement the
directive on an intergovernmental basis and
informed the Council thereof. The necessary
changes to the Danish Aliens Act are
expected to be proposed to Parliament in
2010.
Non-governmental sources: Although the
Aliens Act was amended twice in 2009, no
absolute time limit has been established for
the length of detention for foreigners
pending expulsion.
31
Government: By November 2010, 56 aliens
A/HRC/19/61/Add.3
- The envisaged amendments of the Aliens
Act pursuant to EU Directive 2008/115/EF
(on common standards and procedures in
Member States for returning illegally staying
third-country nations) have not yet been
proposed to Parliament.
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