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Annual report 2011
mbudsman chooses to consider as part of his monitoring activities are not to
O
be notified. The Ombudsman’s task is general monitoring of the deportation
area. However, pursuant to the general provisions of the Ombudsman Act,
the Ombudsman may accept concrete complaints and open cases on his own
initiative, cf. sections 13 and 17 of the Ombudsman Act. In such cases, the
general principle of section 14 of the Ombudsman applies. According to this
provision, the Ombudsman cannot consider complaints which can be brought
before another administrative authority until the latter has made a decision.
The Ombudsman submits an annual report on his monitoring activities to
Parliament.
In the period April 2011 to December 2011, the Ombudsman participated in four
observed and four accompanied deportations. The observed deportations were
to Serbia, Lebanon, the Ivory Coast and India. The accompanied d
eportations
were to the Democratic Republic of Congo, Nigeria, Afghanistan and Lebanon.
Altogether, the Ombudsman monitored 13 deportation cases involving 17 people.
Based on his participation in an accompanied deportation to Afghanistan, the
Ombudsman raised two questions. One related to police practice in cases where
implementation of a deportation leads to families being split up. In response,
the police sent an explanation of its general considerations in relation to the
splitting up of families and police procedure in cases where one or more family
members are not present when the police come to collect them. The second
question related to police practice in connection with deportations to Afghanistan, which involved passing the foreigners over to private security guards in
Frankfurt who had been hired by the Afghan airline. The police replied that the
route to Afghanistan via Frankfurt was no longer used and that foreigners were
therefore no longer passed over to private security guards. The Ombudsman
took note of the police replies, which did not afford grounds for expressing criticism.
In December 2011, the Ombudsman received, for the first time, copies of the
police’s closed deportation cases in 2011 for review. There were 277 cases in total.
They included 235 observed deportation cases, 41 accompanied deportation
cases and a case concerning a person assumed to have left the country. Ten per
cent of the cases were randomly selected for review in relation to the following
issues: use of force, deportation of families, deportation of vulnerable groups
(such as children, including unaccompanied children, single women, elderly
people, people with disabilities and people with poor health), prior contact
between the police and the foreigners, the police’s security assessments and
the police deportation reports.
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