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Denmark / Supreme Court / 251/2017

A v. the Danish National Police.

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Court
Type:
Decision
Decision date:
02/05/2018

Key facts of the case:

A, an Iraqi citizen, who had not legally resided in Denmark, refused to cooperate in relation to his extraction to Iraq. Due to his lack of consent, the Iraqi authorities would not cooperate in concern of the forced return of him. A had been detained under the Aliens Act since 29 March 2017. The case concerned the question of the continued detention of him under the Aliens Act as detention of a foreigner without a legal residence in order to motivate him to cooperate on his extradition to Iraq. Such detention may last for a maximum of 18 months, and the rules for this must be interpreted in accordance with the EU Return Directive.

The case concerned whether the detention pursuant to section 37, subsection 5 and section 37, subsection 8 of Aliens Act was in accordance to article 15 of the EU Return Directive. 

Key legal question raised by the Court:

The key legal question raised by the Supreme Court was whether the detention of A pursuant to section 37, subsection 5 and section 37, subsection 8 of Aliens Act was in compliance to article 15 of the EU Return Directive.

Outcome of the case:

The Supreme Court found that the conditions set out in section 37, subsection 8 and the EU Return Directive was not fulfilled, why the detention of A was unlawful.