Resolution CM/ ResDH (2012) 117 [1] Osman against Denmark

Execution of the judgment of the European Court of Human Rights

(Application No. 38058/09, judgment of 14 June 2011, final on 14 September 2011)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgment transmitted by the Court to the Committee in the above case and to the violation established (see document DH-DD(2012 ) 46 5 E );

Recalling that the respondent State ’ s obligation under Article 46, paragraph 1, of the Convention to abide to by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with its above mentioned obligation;

Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD ( 2012)465E );

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted;

DECLARES that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.

Action Report: Osman v. Denmark , Application no. 38058/09

The facts

The applicant was a Somali national who lived in Somalia from her birth in 1987 till 1991 and in Kenya from 1991 to 1995. At the age of 7 the applicant came to Denmark where she resided till the age of 15. She spoke Somali and Danish and went to school in Denmark until August 2002. All her close family members live in Denmark . Her father sent her back to Kenya- allegedly against her will- in 2003, when she was 15, where she took care of her paternal grandmother at the Hagadera refugee camp in north-eastern Kenya for more than two years. In August 2005, aged 17 and therefore still a minor, she applied to be reunited with her mother and sib­ lings in Denmark . This application was rejected since her residence permit had lapsed, because she had been absent from Denmark for more than 12 consecutive months, and there were no special circumstances to support granting a new residence permit. The applicant allegedly re-entered Den­ mark illegally in June 2007.

Convention violation found

In its judgments delivered on 14 June 2011 The European Court of Human Rights found that there had been a violation of Article 8 of the Convention (right to respect for private and family life) , because the applicant’s inter ests had n o t been taken into account in the authorities ’ refusal to renew her Danish residence permit and a fair balance had not been struck between her interests and the State ’ s interest in controlling immigration.

As reparation for the non-pecuniary damage suffered, the Court awarded the Applicant a sum of 15.000 EUR and a further sum of 6.000 EUR as reimbursement for costs and expenses.

Individual measures

The compensation awarded in the sum of 21.000 EUR /156.284,10 DKK was transferred to Ms. Osman ’ s bank account on 26 September 2011. The exchange rate was 100 EUR = 744,21 DKK at the time of transfer. A copy of the relevant accounting entry is annexed.

Following the judgment the Ministry decided to reinstate Ms. Osman ’ s residence permit. Ms. Osman was informe d thereof by decision of 28 Oc tober 2011.

General measures

A summary in Danish of the judgment was published in the periodical ‘ EU-ret og Menneskeret ’ (EU Law and Human Righs Law). It can be found in issue no. 4/2011, page 301.

Furthermore, a summary in Danish of the judgment was published via the link ‘ juni 2011 ’ (June 2011) at the webpage of the Ministry of Justice: www.jm.dk [2] .

The judgment was also disseminated to the relevant Danish authorities including: The Ministry for Refugee, Immigration and Integration Affairs (Ministry of Integration), The Supreme Court, The High Court of Eastern Denmark and The City Court of Copenhagen.

Immediately following the judgment a memorandum interpreting and explaining the legal consequences of the judgment was produced. This memorandum was made public on 8 July 2011 on the webpage of the Ministry of Integration: www.nyidanm a rk.dk [3] .

The memorandum was also sent to the Danish Institute for Human Rights (NHR I) and the Danish Parliament (The Immigration and Integration Affairs Committee).

Following the judgment and production of the memorandum two parliamentary hearings were held on the issue of residence permits for minors following ‘ re-education jou rn eys ’ .

On the webpage mentioned above, www.nyidanm a rk.dk , a news bulletin was published on the front page where it was explained that it is possible to have decisions reconsidered where a residence permit has lapsed or where an application for a residence permit has been refused due to a long stay abroad in the framework of a re-education travel. The news bulletin is available in Danish, English, Arabic, Dari, Farsi, French, Mandarin, Somali, Turkish and Urdu. In order to stay on the front page the date of the news bulletin is continuously updated.

It is the position of the Government that the publication and dissemination of the judgment as mentioned above is sufficient to prevent similar violations in the future.

[1] Adopted by the Committee of Ministers on 26 September 2012 at the 11 50 th Meeting of the Ministers’ Deputies .

[2] Deep link: http://www.justitsministeriet.dk/praksis.ht m l

[3] Deep link: http://www.nyidanmark.dkiNR/rdonlyres/90025217-0887-4228-88BF-89BAE159E196/0/notat_af_8_juli_2011.pdf