A 38-year-old Romanian voldtægtsdømt man is in currently in prison on 12. years in a Danish prison in Ringe on Funen.
He is going home to Romania.
In the home member state has made a judgment to ten years, ready for the man, which in Denmark is serving an indefinite forvaringsdom - just as he is udvisningsdømt - from 2008.
The 38-year-old will be released, if he returns home to Romania today. In Denmark he can, in principle, sit in jail until he dies.
However, the milder punishment in the home member state, Denmark is not interested in sending him home.
Denmark has an agreement with Romania on that convicted romanians should be sent home to serve sentences.
the Man has taken his case to the district court and the high court, which has refused to send him home. Now he ended up in the Supreme court in a fundamental case, where he is currently waiting for the result. He has done so in several months and now on hunger strike in the prison in the Call.
According to the man's lawyer Claus Bonnez, violate the rights of Denmark his human rights. And Bonnez is almost certain that the Supreme court will look different on the case than the high court and the district court did.
- It is a 'no-brainer'. Now I have run some cases before the Supreme court eventually, and I must say, when we present the human rights judgments, so it gets treated very carefully, he says.
In 2017, introduced the Parliament passed a new law, so udvisningsdømte in Danish prisons are not allowed to have employment or receive education, who have resocialiserende purpose.
You want from the Danish side not, that aliens imprisoned under better conditions in Denmark, than they would make in their home country.
In 2018, it described SF's Karsten Hønge the following:
- I can almost hear the laughter from Romania. First, commit a crime, according to which Denmark must pay for diet and lodging, he said in 2018.
As a result of the law the 38-year-old Romanian, according to Claus Bonnez does not deal with anything in the prison, and thus depreciated, he from to be able to prove that he is ready for release.
Claus Bonnez regard to a ruling in 2012 by The European Court of human rights.
Here it was, according to Bonnez established that prisons have a duty to contribute to the protection of prisoners ' social rehabilitation, and prison rules, which leads to inferior conditions of imprisonment for foreign prisoners, violates their human rights.
- The principle for us lies in the it is particularly disgusting in the rule that foreigners are not allowed to deal with something that can help them out of crime, says Bonnez.
- We always hear from the politicians that our prisons are mild, and it is much more brutal abroad. So they make a law to send the foreigners home in their own brutal prisons.
- When the authorities actually examine it more closely, you find out that it is not just how to, piano playing, and you don't to send him home. It is a little amusing, " says Claus Bonnez, who also is president of the national Association of Crimea, providing legal aid to its inmates.