Cihat Bardak
Secretary to the Minister for
Fisheries and Equal Opportunities
and the Minister for Nordic Cooperation
Ministry of Foreign Affairs
Copenhagen
130
CASE NO. 17/04038
CASE NO. 17/01486
‘Since Monday I have been sitting in a solitary con
finement cell for 23 hours a day.’ This is what an
inmate said when he telephoned the Ombudsman of
fice on a Wednesday. The inmate also stated that he
did not know why he had been placed in isolation or
for how long he was to be in isolation. A prison officer
had told him that he would get the decision in writing,
but that had not happened yet.
Two care assistants on night duty at a nursing home
were called in for a meeting because witnesses alleged
that the care assistants had been sleeping while on
duty. The care assistants disagreed: they had only
been relaxing under a blanket. They did not under
stand how anybody could have seen them sleep
ing as they had been sitting with the curtains drawn
and the door closed. In the municipality’s opinion, the
care assistants should have taken turns to relax, no
matter what the circumstances. The care assistants
were therefore issued with a warning for having caused
uncertainty as to whether they were awake and alert.
A staff member from the Ombudsman office tele
phoned the prison management and was informed of
the basis for the placement in a solitary confinement
cell. The management would make sure that the in
mate received the decision in writing.
At times, information given over the telephone by a
citizen causes one of the Ombudsman’s staff members
to telephone the authority involved to learn more
about the case – for instance if the citizen is pre
cluded from or has difficulty in telephoning the au
thority personally or if the matter is particularly
intrusive.
CASE NO. 17/00652
SKAT (the Danish Customs and Tax Administration)
refused a man’s request for access to files in his own
tax case. When the man appealed to the Tax Appeals
Agency, he was told that it would take two years to
process the appeal.
The statement about the long case processing time
caused the Ombudsman to start a general investi
gation of the Tax Appeals Agency’s case processing
times in this type of cases, meaning appeals against
refusals to grant access to files for persons who are
parties to the case in question. In the Ombudsman’s
assessment, the average case processing time, which
in 2016 was around five months, was unacceptable.
While the Ombudsman was processing the case, the
Tax Appeals Agency decided to establish, as quickly as
possible, a new division with the task of processing
appeals against refusals to grant access to files for
persons who are parties to the case in question.
The Ombudsman may take up matters on his own ini
tiative and carry out major investigations. Please see
www.ombudsmanden.dk for a list (in Danish) of socalled own-initiative investigations within the field
of taxation.
The Ombudsman did not find that he could criticise
the municipality’s warning. He pointed out that the
Ombudsman is not normally able to interrogate wit
nesses, and that for the same reason he was unable
to shed light on the disagreement as to what had
happened during the night watch.
The Ombudsman regularly receives complaints from
public employees about their employment conditions.
The complaints may, for instance, concern employment
law sanctions or the right to be heard as a party to a
case, the right to include a representative or the right
to make public statements about conditions in the
workplace.
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