The Public Prosecutor
T, who was born in 1985, was convicted by the High Court of fatal violence after he and other unidentified persons had administered several blows or kicks to the head and the body of a young man causing him to suffer severe and fatal skull lesions. The High Court sentenced T to placement in a secure psychiatric unit for persons with severe mental disability and permanent expulsion from Denmark.
T came to Denmark from Turkey when he was six years old. He went to school in Denmark and his closest relations, his mother and four siblings, lived in Denmark. He was unmarried and had no children. He received an early retirement pension and was otherwise not integrated in the Danish society. He spoke Kurdish and during his childhood and adolescence in Denmark he had visited relatives in Turkey 5-10 times for two months at a time. His most recent visit to Turkey was in 2001, when he stayed at a property owned by his mother.
In accordance with a new recommendation from the Danish Medico-Legal Council, the Supreme Court found that the measure pursuant to S. 68 of the Danish Penal Code should be changed and that T should be placed in a secure psychiatric unit.
Considering the nature of the offence, the Supreme Court agreed that there were no circumstances excluding expulsion, cf. S. 26(2) of the Danish Aliens (Consolidation) Act (dissent), and that expulsion would not be in contravention of Article 8 of the European Human Rights Convention.