2019 status report: Political respect for due process falters

In the past year, several policy measures in Denmark have challenged the citizens’ due process rights. That is the main conclusion from the Institute’s annual report to the Danish Parliament. The report, published today, looks into the human rights situation in Denmark in 2019.

“It is understandable that our politicians want to push back on serious crime. But in recent years we have seen several examples of basic procedural guarantees for citizens being taken from them. To take one example judicial review is left out of several new bills and laws,” says Louise Holck, acting director of the Danish Institute for Human Rights.

In particular, three laws proposed over the past year have been met with significant criticism from the Institute for their disregard for due process measures.

Firstly, the police can now, without a court order, enter the private homes of people convicted of sexual crimes and search their computer. Secondly, tomorrow the Danish Parliament will have its first discussion on the government's proposal to introduce similar rules for people convicted of terror-related crimes. Thirdly, it is now possible to deprive Danish citizenship from people who have 'seriously harmed Denmark's vital interests'. This can be done without the person being convicted of a crime by the Danish courts and without a judge approving the loss of citizenship.

Louise Holck explains that judicial review aims to ensure that the state does not abuse its power over its citizens and is therefore an essential element of a society built on the rule of law.

“What we are seeing now is far-reaching interventions where due process rights are left out of the equation. But due process is not just a bureaucratic exercise. It is fundamental to our society based on the rule of law,” says Louise Holck.

Surveillance of Danish citizens without due process

At the beginning of 2020, the Danish government introduced several legislative proposals calling for significantly increased surveillance of Danish citizens. In a response to the legislative proposals, the Institute pointed out that the bills lacked sufficient due process measures for persons who have been or are under surveillance. However, the Institute's recommendations to the government have so far been ignored.

“Without these important procedural guarantees, there is a risk that the state will abuse its power over its citizens. I believe it is possible to fight serious crime without having to compromise our right to privacy or due process,” says Louise Holck.

Lack of due process in Danish courtrooms

In addition to the new laws introduced in the past year which directly limit citizens' rights to due process, we also see pressure on due process in Danish courtrooms.

In 2019 it became apparent that for years the police have been using data from telecom service providers incorrectly. Mobile phone records are obtained from telecom service providers’ logs of their customers’ communication. Even though innocent people may have been convicted based on incorrect information, the Danish Parliament is expected, for the ninth time, to postpone assessment of the rules on data retention.

A final due process issue pointed out in the Institute’s report to the Danish Parliament is that the national court system is in need of a new structure to ensure that courtroom interpreters are professional and competent.

Status and overview

The Institute's report to the Danish Parliament covers the most significant progress and setbacks for human rights in Denmark in 2019 within the following areas:

• Legal affairs
• Aliens and integration
• Citizenship
• Social affairs
• Children and youths
• Disability
• Gender equality
• Healthcare and senior citizens
• Greenland

The report also contains information about the Institute's work both inside and outside of Denmark.

For more information on our international work: See our 2019 International Annual Report.