An Afghan man has been awarded DKK 77,000 in compensation by the Copenhagen City Court for time spent in custody after arriving in Denmark from Afghanistan in 2021. His lawyer, Kenn Jørgensen, confirmed the ruling.
The man was arrested upon arrival at Copenhagen Airport in August 2021 with his wife and children on a Danish evacuation flight. At the time, he was subject to an entry ban valid until February 2023.
The compensation was granted because both the city court and the high court later determined that he was not criminally liable for violating the entry ban. He had demanded compensation for his time in a Danish detention center.
The court awarded him compensation at half the normal rate. While acknowledging that he was aware of the expulsion order, the court also noted that Danish authorities had indicated it was acceptable for him to travel to Denmark.
The 34-year-old man’s entry ban originated in 2016 following a conviction for arson at an asylum center. When the case regarding the violation of the entry ban was reviewed, the court found him guilty of the violation. However, several circumstances, including a potential threat from the Taliban, prevented him from being punished.
The man had worked as a security guard at the Danish embassy in Kabul for nearly a year and was placed on the Danish authorities’ crisis list after contact with the Ministry of Defense and the Ministry of Foreign Affairs. Despite this, he was arrested upon landing in Copenhagen.
The man’s lawyer is unsure of his client’s feelings about the decision and is considering appealing the case to the High Court. Denmark evacuated approximately 1,100 people from Afghanistan in late summer and autumn 2021.