Expulsion decision repealed

Case no. 29/2022
Order made on 16 February 2023

The Prosecution Service
vs.
T

In 2009, T, an Iraqi citizen, was convicted of manslaughter for the killing of his wife, from whom he was separated, and her father by stabbing them multiple times. He was acquitted pursuant to Section 16(1) of the Danish Criminal Code and sentenced to placement in a secure psychiatric unit for an indefinite period. He was also expelled from Denmark with a permanent entry ban. The case concerned the issue of whether his expulsion should now be repealed under Section 50a(2) of the Danish Aliens Act.

The Supreme Court stated, among other things, that according to the Medico-Legal Council’s statement, it was likely (more than 50%) that T’s psychotic symptoms would reoccur if his treatment was stopped, and that it would also entail both a risk of him committing a serious assault again and a considerable risk of intense suffering.

The Supreme Court considered that it could not be disregarded that T would risk intense mental suffering if his treatment was discontinued. The expulsion to Iraq should, thus, be repealed in accordance with Section 50a(2) of the Aliens Act and Article 3 of the Human Rights Convention.

The Supreme Court thus affirmed the order of the High Court.