General state of the office
When Parliament passed Act No. 248 of 30 March 2011 to amend the Aliens
Act, the Parliamentary Ombudsman became responsible, from 1 April 2011,
for monitoring deportations of citizens of third countries (non-EU countries)
staying illegally in Denmark.
The purpose of the Act was to implement the changes to the Aliens Act
required by EU Directive 2008/115/EC of 16 December 2008 on common
standards and procedures in Member States for returning illegally staying
third-country nationals (the deportation directive). Pursuant to Article 8(6) of
the Directive, member states must provide an effective system for monitoring
deportations.
Pursuant to section 8(2), first sentence, of the Aliens Act, the Danish police are
responsible for foreigners’ departure from the country when their departure is
not voluntary. Before the Amendment Act was passed, there was no separate
monitoring of police activities in connection with deportations.
Pursuant to section 30 a of the Aliens Act, the Parliamentary Ombudsman is
responsible for monitoring police deportations. The monitoring covers deportations
resulting from return decisions within the meaning of the Directive, cf. Article
6 of the Directive. However, while the Directive only covers deportations of
third-country citizens, the monitoring pursuant to the provision in the Aliens
Act also includes deportations of EU citizens in order to ensure that they are
not in a worse position than third-country citizens.
The monitoring covers the period from the Danish authorities’ decision on
deportation until its implementation. Pursuant to section 30 a(2) of the Aliens
Act, the Ombudsman is particularly to ensure that police activities in connection
with deportations are carried out with respect for the individual and without
unnecessary use of force.
The monitoring is carried out on the basis of the Danish Ombudsman Act. The
Ombudsman must therefore assess whether the police act in contravention of
applicable Danish law, including Denmark’s obligations pursuant to EU law
and international human rights conventions, cf. section 21 of the Ombudsman
Act. Insofar as the Ombudsman carries out inspections pursuant to section 18
of the Ombudsman Act as part of the monitoring, he can also assess conditions
from human and humanitarian perspectives.
The monitoring must be of a general nature. Thus, actual complaints about
the behaviour of individual police officers are not to be processed as part of
the Ombudsman’s monitoring activities. Such complaints must be considered
by the relevant complaint bodies. Similarly, the foreigners whose cases the
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