Pre-trial detention under the Danish Aliens Act

Case no. 126/2019
Order made on 3 April 2020

The Prosecution Service
vs.
T

T had since 2010 had exceptional leave to remain in Denmark. The Danish police most recently ordered him to report to them in 2018. In June 2019, he was arrested and charged with violation of the reporting duty by having failed to report to the police daily on 15 occasions. He was subsequently brought before the District Court for a preliminary statutory hearing in which he was released, as the Court was not satisfied that the conditions for pre-trial detention under the Aliens Act had been met. However, the High Court disagreed, concluding that the conditions for pre-trial detention had indeed been met.

The case concerned the issue of whether the conditions for pre-trial detention under the Aliens Act had been satisfied.

The Supreme Court found that there were reasonable grounds to assume that T had repeatedly violated the reporting duty, and that it was not contrary to the principle of proportionality to detain him. The Supreme Court also held that the High Court had not had the requisite clear basis to conclude that the reporting duty was in contravention of Denmark's international obligations, including in particular Article 8 of the European Convention on Human Rights, or that the decision imposing the reporting duty was so inadequate that it amounted to an unlawful administrative act.

Against this background, the Supreme Court found that the conditions for pre-trial detention under the Aliens Act were satisfied, and accordingly upheld the order of the High Court.