Denmark

Sandholm Foreigners Detention Centre is the only closed detention centre operated in Denmark. It is a Prison and Probation Service establishment. It is located 25 kilometres North of Copenhagen in connection with the Sandholm Camp for asylum seekers. The detention centre has a capacity of 118 persons; at the time (as of 6 November 2006) it is holding 56 detainees who are either asylum seekers or rejected asylum seekers.

As a result of the Danish reservations to EU legislation in the field of asylum, neither the EU COUNCIL DIRECTIVE 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (Reception Directive) nor the EU COUNCIL DIRECTIVE 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States granting and withdrawing refugee status (Asylum Procedures Directive) is/will be transposed into Danish law.

Denmark detains illegally staying third-country nationals as well as, in limited circumstances, asylum applicants.

In all cases:

  • The detainee is instructed by the police about his/her right to appeal the administrative detention to the Ministry of Refugee, Immigration and Integrations Affairs. An asylum seeker deprived of liberty under section 36 of the Danish Aliens Act must, if he/she has not been released within 3 full days after the enforcement of deprivation of liberty be brought before a court of justice, and the court shall rule on the lawfulness of the deprivation of liberty and its continuance.
  • A detainee is entitled to medical treatment and other health care. At Sandholm Foreigners Detention Centre the medical team consists of a general practitioner attending for 10-15 hours per week and three nurses. A nurse interviews all newly arrived inmates. If deemed necessary by the doctor of the institution, inmates will be treated by a specialist outside the institution. There are no on-site psychiatric or psychological consultations but if necessary patients are referred to a psychiatrist in Vestre Prison 30 km away.
  • Family, lawyers, representatives of the Church(es) and of NGOs may visit the detainee. Apart from visitor hours, there are no restrictions on visits. The detainees are allowed one weekly visit but more visits can be granted. The authorities may restrict a certain person for visiting a detainee if this is considered necessary due to security reasons.
  • Women are accommodated separately.
  • In order to prevent violent behaviour an inmate may be excluded from association with other inmates, if “ the inmate exhibits gross or frequently repeated impermissible behaviour obviously incompatible with continued association with other inmates”. If there is a risk of assault or intimidation an inmate can be moved to another section.
  • Children under 15 years of age cannot be deprived of their liberty. Only very few persons under 18 years of age are deprived their liberty in the institution. If a person under 18 years of age has to stay in the institution, the institution will consider in which unit he/she can be accommodated in the best way. The institution will be very attentive to the young persons’ special needs.
  • There is a special section (two rooms with toilet and bath) where one family/mother can be accommodated with a child(ren) less than 7 years of age. They have no contact with other inmates and they will be in the section for less than 72 hours.
  • The overall average of detention duration (January 2006 – July 2006) is 42 days. After 3 days of administrative detention, the court should take a decision of continued detention, and as such the detention can after 3 days not longer be considered as “administrative detention”.
  • In relation to administrative detention, the legal maximum duration is 3 days, but it can be prolonged if decided by the court.

SOURCE 6 November 2006: Permanent Representation of Denmark to the European Union, Brussels

LAW

2006 Legal grounds (161.56 KB)

2006 Aliens (Consolidation) Act ( 04.04.2007 15:41)

LOCATIONS OF DETENTION

2007 Location of detention in Denmark (61.86 KB)

WEBLINKS

Danish Refugee Council: http://www.drc.dk/. The Danish Refugee Council (DRC) is a private, humanitarian organization covering all aspects of the refugee cause. The aim of the organisation is to protect refugees and internally displaced people (IDPs) against persecution and to promote durable solutions. Danish Refugee Council is an umbrella organization with 33 member organizations.