106 | Annual Report 2019
Examples of important activities in 2019
Deportations in which Ombudsman
representatives participated
In 2019, legal case officers from the Ombudsman’s office were present at 10 forced deportations of foreign nationals. The Ombudsman
did not express criticism of the police work in
any of the eight deportation cases concluded
by the Ombudsman in 2019. The Ombudsman
assessed that the deportations were carried out
within Danish and international rules, including with respect for the individual and without
unnecessary use of force. Further, the Ombudsman had no comments on the documentation
in the cases. Two of the deportation cases were
still pending at the time of going to press.
Concluded cases
As stated in the Parliamentary Ombudsman’s
Annual Report for 2018, the Ombudsman reviewed the case files in that year of 77 deportation cases from 2016 and 2017 which had been
concluded by the police. In five of these cases,
the Ombudsman’s review caused him to raise
questions with the National Police. The Ombudsman concluded the five cases in 2019.
Two of the cases concerned inadequate documentation that it was necessary for the police to
use force during the deportation. One of these
cases has been published (Case No. 2019-23).
Two other cases concerned a lack of documentation to show that the foreign nationals were
offered to see a doctor after the forced deportation was aborted. The Ombudsman expressed
criticism of the police in all four cases. The fifth
case concerned whether or not a final decision
that the foreign national could be deported had
been made before the forced deportation was
initiated. After receiving the National Police’s
comments on the case, the Ombudsman took
no further action.
In addition, in a case concluded in 2019 the
Ombudsman found that he did not have grounds
for repudiating the assessment by the National
Police that – due to, among other things, safety
considerations – Danish police officers did not
have an obligation to intervene towards a foreign
chief of police during a forced deportation of
foreign nationals. (Case No. 2019-6).
Finally, in another case concluded in 2019 the
Ombudsman found that he could not criticise
that the police use force under specific conditions to reduce screaming and shouting during
deportations. However, the Ombudsman recommended the National Police to include these
conditions in the internal guidelines of the police.
(Case No. 2019-4).
Annual review
In 2019, the Ombudsman reviewed the case files
in 52 of the deportation cases from 2018 which
had been concluded by the police. The final result of the review was still pending at the time of
going to press.
Discussions
In 2019, the Ombudsman had a dialogue meeting with the National Police, the National Immigration Centre, and North Zealand Police, the
North Zealand Immigration Centre, about the
Ombudsman’s monitoring of forced deportations carried out by the police. In addition, the
Ombudsman had a meeting with the Danish
Refugee Council.
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