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CRIME

Denmark could bolster law on eviction of criminals from homes

Danish political parties are considering an update to existing rules which enable housing associations to evict tenants who have been convicted of crimes, according to a media report.

Denmark could bolster law on eviction of criminals from homes
Illustration photo. Two Danish parties say they want better ways for social housing associations to evict tenants after serious criminal convictions. Photo: Olafur Steinar Gestsson/Ritzau Scanpix

The governing Social Democrats and the right-wing opposition party Liberal Alliance both want it to be easier for public housing associations to terminate the contracts of tenants who have been convicted of crimes.

Both parties were involved in a 2018 political agreement which was supposed to make it easier and faster for public housing associations (boligforeninger in Danish) to evict convicted criminals as well as their families.

However, it remains difficult in practice for the housing associations to do this, newspaper Jyllands-Posten reported on Saturday.

READ ALSO: EXPLAINED: What is a Danish ‘housing association’?

Specifically, the two parties are calling for an obligation for police to inform the housing associations if a tenant receives a conviction for which they can legally be evicted.

“We are very much in favour of hard criminals having no leeway in housing areas. We would like to see the process become automated, so the housing associations are notified,” Social Democratic acting housing spokesperson Maria Durhuus said.

A second issue that the parties want resolved is the use of unknown addresses, whereby an individual lives with their family but is registered as having no known address. This makes it harder to evict them under the existing rules.

“If you put up criminals, you are leaving the [societal] community. So we want this loophole to be looked at. It could be based on the person in question having been arrested at the address on a number of occasions,” Durhuus said.

Liberal Alliance also wants the housing association to have the power to cancel a tenancy if the individual in question does not formally reside at the address.

“If you can prove that the person de facto lives there, it should be possible to throw them out. When people deliberately skirt the rules, reality should win out,” housing spokesperson Carl Andersen said.

Andersen added that Liberal Alliance “had not set a position” on whether police should be given additional duties to inform housing associations.

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DIPLOMATIC RELATIONS

Danish court rules arms smuggler can’t be extradited to India

A court in Denmark has ruled that a Danish arms smuggler who air-dropped weapons to Indian villagers in 1995 could not be extradited to India, citing the risk that his rights would be violated.

Danish court rules arms smuggler can't be extradited to India

Niels Holck, 62, has admitted to parachuting four tonnes of weapons into the state of West Bengal to help locals fight government authorities.

New Delhi has relentlessly pursued attempts to have him stand trial in India, and the affair has been a stumbling block in Danish-Indian relations.

However, the Hillerød district court ruled that he should not be extradited because there was a “real risk” that he would be “subjected to treatment in India that violates Article 3 of the European Convention on Human Rights”,  which prohibits torture or inhuman or degrading treatment or punishment.

The court noted this was the case despite diplomatic assurances from India that Holck would be housed in a special detention centre during the criminal proceedings in India.

India had said the detention centre would be set up to house only Holck and he could be accompanied by Danish police officers acting as observers.

Holck was the only one of se

ven smugglers who managed to escape after the Indian Air Force intercepted their returning plane.

The others, all European nationals, were sentenced in Kolkata to life imprisonment in 2000, but all were eventually released.

India regards the Dane, also known as Kim Davy, as the mastermind of the operation, which saw the delivery of hundreds of assault rifles, pistols, anti-tank grenades, rocket launchers and thousands of rounds of ammunition.

‘Frustrated’

Holck was arrested in Denmark in April 2010 after Danish authorities reached a deal with India over the terms of his extradition, including a promise that he would not be given the death penalty and would serve any sentence in Denmark.

But a Danish district court in 2011 overturned the authorities’ decision, saying he risked mistreatment in India.

An appeals court later upheld the district court’s ruling.

In 2016, India again requested his extradition.

Holck’s lawyer, Jonas Christoffersen, told AFP they were “very satisfied with the decision” on Thursday.

Christroffersen said he expected the prosecution to appeal the decision, like they did in 2011.

But given that two courts in 2011, and now the district court, had ruled that India could not guarantee his safety, he was confident the ruling would be upheld.

“We would be very surprised to say the least, if the High Court would reach another conclusion this time,” the lawyer said.

Earlier this week, Christoffersen said that his client was tired of the protracted affair.

“He’s frustrated that the case has dragged on for so long,” Christoffersen said.

“Now he’s hopeful that it will come to a close and that once it has gone through the Danish legal system, it will be clear that he will never be extradited to India.”

“He is going on with his life, but he cannot travel. He has his life in Denmark but it’s a burden on him,” he said. “He’s been called a terrorist without any factual merit for 28 years.”

In his 2008 autobiography titled “They Call Me a Terrorist”, Holck recounts the delivery of the arms during a flight that left from Bulgaria.

The court said the parties had three days to decide whether to lodge an appeal.

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