The health of a deported man must be taken into account, and therefore the Supreme Court overturns the sentence of deportation permanently.
It will not be a “farewell forever” to Denmark, but instead a possible “see you again” for a now 26-year-old man with Iraqi roots.
The man was convicted of serious crime just over three years ago.
As he was insane, he received a sentence of imprisonment instead of a prison sentence. In addition, he was expelled from Denmark in both the city and county courts, with a notice that he must never enter the country again.
However, the Supreme Court tinkered with that part on Monday.
Here, five judges have come to the conclusion that the man, who was born in Iraq, must be allowed to cross the Danish border again after six years. The reason is his mental health and limited attachment to his homeland.
This appears from the Supreme Court’s judgment.
In Denmark, mentally ill people are generally not punished for a criminal act. Instead, they are sentenced to, for example, placement in a psychiatric ward.
It also happened when the now 26-year-old man was convicted in the district court and then the high court for robbery and serious violence. Together with two others, he attacked a person with a knife in June 2019. They got away with DKK 59,000 from the assault.
The Iraqi was acquitted of punishment by reason of insanity. Instead, he was sentenced to placement and expelled from Denmark permanently.
In the judgment on Monday, the Supreme Court only decided on the issue of deportation. The decision has been taken after another case of deportation in connection with impunity has been passed by the European Court of Human Rights.
Here, in December 2021, Denmark was informed that health conditions must be included in the overall assessment of a deportation when a person has been found innocent.
The Supreme Court finds that there are grounds for deporting the man – even if his connection to Denmark is stronger than to Iraq.
He will be able to manage in his home country because he knows a little Arabic and must be assumed to know the customs and culture of Iraq, the Supreme Court assesses.
However, he must have the opportunity to return to Denmark after a number of years due to the limited connection to Iraq and because it must be given importance that he was found to be free of punishment.
– The Supreme Court upholds the judgment of the High Court with the amendment that the duration of the entry ban is set at six years, writes the Supreme Court in its conclusion.
The Iraqi man came to Denmark as a two-year-old and has had legal residence ever since. He is not married and has no children.
The man has previously been punished and has several convictions on his criminal record for weapons and drugs. He has also been suspended twice before.
A senior physician at the Psychiatric Center Sct. In connection with the Supreme Court’s view of the matter, Hans has stated that the 26-year-old suffers from paranoid schizophrenia and must take medication every day.
– The patient must be treated with antipsychotic medication for the rest of his life. If the patient stops taking the medication, the risk of a worsening of his mental state increases, which could lead to renewed crime, the senior doctor assesses.
Source: Kristeligt Dagblad – Latest articles. by www.kristeligt-dagblad.dk.
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