Denmark Leads Europe in Brutal Treatment of Migrants and Refugees
25 March 2004
On March 25, 2004, the European Roma Rights Center (ERRC) sent a letter to Mr Bertel Haarder, the Danish Minister of Refugee, Immigration and Integration Affairs, to contest the expulsion of Ms Mirjana Kalderas, a Romani woman, to Serbia. Ms Kalderas was expelled from Denmark on March 12 despite the fact that appeals proceedings in her request for legal residence in Denmark remained open. As a result of the expulsion, Ms Kalderas was forcibly separated from her husband and children, all of whom remain legally resident in Denmark. In recent months, Denmark has taken the lead in Western Europe's degrading treatment of migrants and refugees. International officials in Kosovo have told the ERRC that Danish officials have expelled minorities targeted for persecution in Kosovo, as well as mentally ill persons "drugged to the gills", who will not receive treatment in Kosovo. Leading Danish officials have publicly advocated expelling Roma from Denmark. Current Danish policy on migrants appears to set as priority expulsion over basic human rights standards.
The full text of the ERRC to Minister Haarder follows:
Honourable Minister Haarder,
The European Roma Rights Center (ERRC) is an international public interest law organisation which monitors the human rights situation of Roma in Europe and provides legal defence in cases of human rights abuse. The ERRC is concerned about the recent expulsion of a Romani woman from Denmark to Serbia and Montenegro.
According to information from the Danish Romani organisation Romano, Ms Mirjana Kaldaras, 20-year-old Romani woman and mother of two, was deported to Belgrade on March 12, 2004, on flight SK 663 at 5:20 PM. Ms Kaldaras' husband Dobrinko, who has permanent residence in Denmark and a work permit, and their two young children remain in Denmark. Mr and Ms Kaldaras married in Denmark in 2000 after Ms Kaldaras, an orphan, moved to Denmark. Mr and Ms Kaldaras were legally married in Denmark after having acquired formal permission from the Statsamtet, a section within the Danish Ministry of Justice, as Mirjana was a minor at the time. Ms Kaldaras applied for a residence permit through the process of family reunification but was rejected. According to Romano, the Ministry of Immigration, Refugees and Integration reportedly advised Ms Kaldaras to seek asylum and on July 1, 2002, Ms Kaldaras' request for asylum was rejected. At the time of her expulsion, Ms Kaldaras was still awaiting a decision from the Ostre Landsret Court in Copenhagen in relation to an appeal of the refusal to grant her legal residence via family reunification procedures.
Prior to Ms Kaldaras' expulsion, Romano attempted to appeal to the Ministry of Immigration, Refugees and Integration to suspend the expulsion of Ms Kaldaras pending the outcome of her case before the court, but was unable to reach an official on the telephone. Romano spoke with a press officer at the Ministry, who reportedly stated that the national police had in the week previously asked whether the Ministry objected to Ms Kaldaras' deportation, to which the Ministry had reportedly responded negatively. Romano also requested that the Danish Alien Authorities grant Ms Kaldaras a visa to stay in Denmark pending the outcome of the court case, but this was also rejected. Finally, Ms Kalderas was forced to pay for the cost of her expulsion from Denmark.
Honourable Minister Haarder, the expulsion of Ms Kaldaras by Danish authorities to Serbia and Montenegro raises serious concerns with respect to Denmark's compliance with international law. It is difficult to reconcile the fact that Ms Kaldaras, who married Mr Kaldaras, a legal resident of Denmark, after having obtained the permission of the Danish government, has been expelled as an illegal alien while her husband and two small children remain in the country. According to the jurisprudence of the European Court of Human Rights, the physical separation of members of a family and the exclusion of a person from a state where members of his/her family are living may violate Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Aside from the separation from her family resulting from her expulsion by Danish authorities to Serbia and Montenegro, as a Romani woman, Ms Kaldaras is a member of a minority group which, in Serbia and Montenegro, suffers frequent violent attacks by state and non-state actors and faces widespread racial discrimination. The expulsion of Ms Kaldaras to Serbia and Montenegro places her in a position vulnerable to such acts, particularly in light of the recent revival of ethnic conflicts in Kosovo and the significant possibility of spillover into Serbia and Montenegro.
Honourable Minister Haarder, the ERRC urges you to facilitate the return of Ms Kalderas to Denmark without delay, as well as to reimburse her in full for the cost of her expulsion. We respectfully request to be informed of all measures undertaken by your office with respect to the issues raised above.
Sincerely,
Dimitrina Petrova
Executive Director
Persons wishing to express similar concerns are urged to contact:
Mr Bertel Haarder, Minister of Refugee, Immigration and Integration Affairs
Ministry of Refugee, Immigration and Integration Affairs
Holbergsgade 6
1057 Copenhagen K, Denmark
Fax: +45-33-11-12-39
