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81<br />

DENMARK<br />

Fingerprints<br />

Law No. 291/2003 allows the Police to submit fingerprints or personal pictures, when arranging<br />

removal of <strong>for</strong>eigners, to the authorities of their home country or any other country without the<br />

authorization of a court. This was the case under the old legislation.<br />

1.4 STATISTICS ON INVOLUNTARY RETURN<br />

Statistics on involuntary returns are currently not available.<br />

1.5 BEST PRACTICES AND LESSONS LEARNED<br />

The government realized that the tools available to the police in the en<strong>for</strong>cement of removals<br />

were insufficient, and there<strong>for</strong>e instated a Working Group on the Removal of Rejected Asylum<br />

Seekers and of Aliens expelled by Court Order. The working group concluded a report, which<br />

included some recommendations that were worked into the legal amendments to the Aliens Act<br />

adopted in 2003 (<strong>for</strong> example Laws No. 291 and 367).<br />

2. ASSISTED VOLUNTARY RETURN<br />

2.1 POLICY AND LEGISLATIVE INSTRUMENTS AND PROVISIONS<br />

The Danish police have the responsibility <strong>for</strong> implementing all returns, and the level of compulsion<br />

applied depends largely on the willingness of the individual to cooperate in facilitating their<br />

return. Unsuccessful asylum seekers are encouraged to return to their country of origin independently,<br />

and where they are not in a position to do so, the police may facilitate their return. If<br />

the individual refuses to cooperate, the police can adopt a more <strong>for</strong>ceful approach.<br />

Denmark is committed to the principle of humane and orderly returns, and has adopted a number<br />

of measures to this end. The guiding principle of voluntary return is the Danish Act on Repatriation,<br />

which was adopted by the Danish Parliament on 2 June 1999, and entered into <strong>for</strong>ce on<br />

1 January 2000. The overall purpose of the Repatriation Act is to give <strong>for</strong>eigners residing in<br />

Denmark the best in<strong>for</strong>mation possible to facilitate their decision to return voluntarily, and to<br />

support such an initiative. A statute on the voluntary return of rejected asylum seekers came into<br />

effect in May 2003.<br />

The law applies to <strong>for</strong>eigners with residence permits on humanitarian grounds and other immigrants<br />

who wish to return to their home countries. Persons who have been reunited on the basis<br />

of family ties with an alien falling under one of these three categories are also included. Citizens<br />

of the Nordic and EU countries, as well as nationals of countries in the European Economic

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