The Danish Supreme Court has overturned a lower court’s decision to ban a Pakistani resident from re-entering Denmark following a fatal street racing incident four years ago. The case highlights the constraints placed on Danish law by the European Convention on Human Rights.
The incident occurred at the intersection of Borups Allé and Mågevej in Copenhagen, where the Pakistani resident was street racing when he struck and killed a 21-year-old man in a pedestrian crossing. The victim was walking home from a party with friends when he was hit and died instantly.
Following the incident, the Pakistani resident was convicted of negligent manslaughter and particularly reckless driving. The High Court initially sentenced him to a six-year entry ban to Denmark.
However, the Supreme Court reversed this decision last year, citing the European Convention on Human Rights. The court determined that the convention prevented expulsion in cases of negligent manslaughter resulting from reckless driving, especially when the individual in question was born in Denmark. This protection against expulsion is afforded to individuals with strong ties to the country, regardless of their citizenship status.
The ruling underscores the influence of the European Court of Human Rights on the Danish legal system, particularly in cases involving human rights considerations. This case serves as a reminder that even in instances of serious offenses, the application of Danish law is subject to international human rights standards.