practice of habeas corpus
proceedings under section 37
of the Aliens Act;
provide for a maximum period
of deprivation of liberty; he was
informed of cases where
persons had been detained for
18 months.
pending deportation.
A bill amending the Aliens Act was
adopted in December 2008. 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.3
Government: By 5 November 2009, 45
aliens were detained in Ellebæk of which
18 were waiting to be returned or deported.
In addition, by 5 November 2009, 31
aliens who had been expelled and who are
awaiting an effectuation of the decision of
expulsion were remanded in custody.
Furthermore, by 5 November 2009, the
National Commissioner of Police, Aliens
Department, took over 27 cases of aliens
who have been detained or remanded in
custody in order to be deported from the
local police districts. In a majority of these
58 cases, detention will therefore only be
for a short period of time in order to carry
out the expulsion.
3
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)
51
A/HRC/13/39/Add.6
The Directive 2008/115/EF of the
European Parliament and of the Council on
common 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
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