Summaries of selected statements | 49
of destination, two foreign nationals refused to leave
the plane, and a local police chief hit the two deportees in the face.
The Danish National Police assessed that under the
European Convention on Human Rights, the Danish
police officers had the responsibility for protecting the
two foreign nationals.
At the same time, however, the National Police assessed
that due to, among other things, safety considerations,
the Danish police officers – and thus the Danish state
– did not neglect their obligations by not intervening
towards the local police chief.
The Ombudsman had no grounds for repudiating
the assessment of the National Police that the two
foreign nationals were under the jurisdiction of the
Danish authorities. In addition, he had no grounds for
criticising the assessment of the National Police that
the police did not neglect their obligations during the
deportation.
medicine for one of the foreign nationals was inadequate. As a result of the inadequate documentation,
the Ombudsman was unable to assess whether it was
an error that the foreign national was not offered any
prescription medicine during the deportation.
On 6 February 2019, the National Police issued new
guidance notes which clarify the obligations of Danish
police officers during deportations.
2019-19. Obligation to provide guidance in
connection with processing of case about access
to document
On 30 May 2018, a journalist asked the Ministry of
Justice for access to a report from an interdepartmental working group on a review of provisions on
control and inspection visits by authorities to citizens
and businesses. The Ministry replied that it understood his e-mail as a request for access to the final
report from the working group and informed him that
the working group had not yet completed its work, and
that therefore the final report was not yet available.
More specifically, the Ombudsman agreed with the
National Police, among other things, that it follows
from the practice of the European Court of Human
Rights in other areas that the positive obligations of a
state must not be interpreted in such a manner as to
impose a disproportionate burden on the state and
that, further, they must be determined by reference
to the situation at the time in question. On that basis,
states may be held responsible if, for instance, their
authorities have failed to take reasonable measures
to protect persons for whom the authorities are
responsible.
In a complaint to the Ombudsman, the journalist
stated that he had obtained a report from the working
group through other channels. The report was dated
2 March 2018 and, according to the text on the front
cover, was a ‘final report’.
The assessment of the National Police of the obligation of the police to notify relevant authorities of any
observations during an escorted deportation also did
not give the Ombudsman cause for comment.
In the Ombudsman’s opinion the Ministry of Justice
had delimited the journalist’s request for access too
narrowly as the Ministry was in possession of the
report/a draft of the report at the time in question.
Further, the Ombudsman agreed with the National
Police that the documentation regarding prescription
The Ombudsman found that it would have been natural and relevant for the Ministry to have guided the
In a statement to the Ombudsman, the Ministry explained that the use of the designation ‘final report’ by
the working group was misleading as the report was a
draft which was originally to have been discussed at a
meeting of the Government’s Committee on Economic Affairs on 21 March 2018.
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