The government's own Institute for Human Rights has severely criticised Integration Minister Birthe Rønn Hornbech's new bill on tolerated residence - the so-called Tunisian Bill.

The bill is currently being rushed through parliament following a Supreme Court decision last week determining that a Tunisian man, who was jailed for some eight months on Intelligence claims that he was a danger to society, was unjustly imprisoned.

The bill is designed to tighten rules for foreigners who have been given tolerated residence in Denmark; that is a residence permit issued to those who cannot be expelled to their country of origin for fear of maltreatment.

Constitution
The Institute says in its hearing response, that the bill is 'unusually flawed and vague in its content."

It warns the government that it risks not only contravening the Danish Constitution but also international human rights conventions. In particular the Institute points to requirements under the bill that those on tolerated residence must report to police each day, that tightened monitoring of their activities and residence is introduced as well as possible requirements that they must live at the Sandholm Camp in Northern Zealand.

"These requirements contain encroachments on rights that are protected by conventions and which are only sporadically taken into account in the legislation," the Institute says.

"The Institute finds that introducing these requirements will in all probability and in many cases contravene Denmark's international obligations, as the necessary concrete and individual reasons (Ed: for the requirements) in many cases will not be available," the Institute says.

Security Service
This latter would seem to refer to statements from the Danish Security and Intelligence Service PET stating that it is unable to provide adequate proof in court of its claims that an individual is a threat to society, in order to safeguard its sources and working methods.

The issue was highlighted last week when the Danish Supreme Court released one of two Tunisian men who had been administratively imprisoned and ordered expelled from Denmark on suspicion of planning to kill one of Denmark's Mohammed cartoonists.

While the court found there was enough evidence in the case of one of the men, it found there was no evidence to justify the incarceration of the other man.

One of the men has since left Denmark voluntarily, the other brought his case before the Supreme Court and is currently on tolerated residence as there are fears for his safety should he be expelled to Tunisia.

PET has claimed it cannot provide the necessary evidence, as in order to do so, it would compromise its sources and working methods.