The Minister for Integration Birthe Rønn Hornbech (Lib) is proposing that secret intelligence material can be presented in special closed court sessions in cases involving the administrative expulsion of foreigners deemed a security risk.

Hitherto, the Security and Intelligence Service has declined to provide secret intelligence to back up expulsion orders in order not to compromise its methods and relations with other services.

Hornbech’s proposal will be contingent on all court officers and lawyers having security clearance, and that the accused is not present in court. At the same time, the proposal suggests that detained individuals, or those on restraining orders, can be denied contacts and visits with people who can counteract an expulsion.

Finally, the proposal calls for the use of electronic tags in cases in which those under restraining orders have ignored the rules governing their leave to remain in the country.

Case in question
The proposals come in the wake of a controversy surrounding a Tunisian man who was administratively expelled from Denmark because of allegations that he had planned to murder a Danish cartoonist who had produced a published cartoon of the Prophet Mohammed.

The man could not, however, be expelled to Tunisia for fear of torture in his home country and was given extraordinary leave to remain in Denmark under special restraining orders.

The man appealed the administrative expulsion order, but the Security and Intelligence Service declined to produce its evidence in court for fear of compromising its methods and sources.

The ministerial proposals are expected to be put to Parliament before the summer recess and are based on a report in which the authors have studied how similar cases are handled in countries such as Great Britain, Germany, Sweden, Canada and France.

Lawyers
Although reluctant to enforce additional security clearance on defence lawyers, the Danish Bar and Law Society says the proposal is a step forward.

“The courts will be involved in more cases – but this is not a practice that would exist in an ideal world,” says Bar and Law Society Chairwoman Sys Rovsing, who adds that she would prefer full openness in all cases.

She says that additional security clearance for lawyers is not what the society would like to see. “We normally live up to our obligations or we are struck off,” she says adding that clearance should not be necessary.

“But let’s live with it for a period and see how it goes,” she concludes.