Communicated on 11 November 2019
FOURTH SECTION
Application no. 27801/19
Adam JOHANSEN
against Denmark
lodged on 10 May 2019
SUBJECT MATTER OF THE CASE
The applicant is a Danish national, born in Denmark. His mother is Danish. His father is Tunisian. The applicant also has Tunisian citizenship.
By a City Court judgment of 26 October 2017 the applicant was convicted under Articles 114 c and 114 d of the Penal Code, for having joined the Islamic State with the purpose of committing terrorist crimes. He was sentenced to 4 years’ imprisonment. The Prosecution’s request that the applicant be stripped of his Danish citizenship and expelled from Denmark with a permanent entry ban was refused by a majority of judges (10 votes to 2). On appeal, on 20 April 2018, the judgment was upheld by the High Court.
The decision concerning deprivation of citizenship and expulsion was brought before the Supreme Court, which, unanimously, in a judgment of 19 November 2019 found that the applicant’s Danish citizenship should be withdrawn. It also found that the conditions in the Aliens Act for expelling him had been met. Finally, it found that none of these measures would be in breach of Article 8 of the Convention.
The applicant complained that the order to withdraw his Danish citizenship and to expel him from Denmark was in violation of Article 8 of the Convention.
QUESTIONS TO THE PARTIES
1. Having regard, in particular, to the fact that the applicant was born in Denmark, was the decision to withdraw his Danish citizenship in breach of Article 8 of the Convention (Compare, inter alia, Mansour Said Abdul Salam Mubarak v. Denmark (dec.), 74411/16, §§ 61-79, 22 January 2018)?
2. Was the decision to expel him from Denmark in breach of Article 8 of the Convention?
Full & Egal Universal Law Academy