She is accused of having violated the law by automatically separating couples of asylum seekers: Inger Støjberg, ex-Minister for Integration of Denmark, is tried from Thursday before the Special Court of Justice, a extremely rare procedure in the Scandinavian country.
“This is the first case in 25 years and before that there was only one comparable case (…) it's historic,” said Frederik Waage, professor of law at the University of Southern Denmark.
Couples separated when the woman was a minor
During the 46 days of hearings, the 26 judges of the Special Court, which meets only to judge members of the government, former or present, will try to determine whether Inger Støjberg has violated "the European Convention on the Rights of the Human Rights. 'man' by ordering the separation of couples seeking asylum when the woman is a minor.
In 2016, 23 couples, whose age difference was mostly small, had been separated, without individual examination of their file, under the instruction given by the liberal minister who has since left the party without giving up her seat of deputy.
Aggravating circumstance for the prosecution, questioned in committee before Parliament, it would have given "incorrect or misleading information", noted the indictment.
Inger Støjberg wanted to fight against "forced marriages"
The 48-year-old woman believes she is wrongly accused.
In her speech to Parliament, which in accordance with the procedure adopted the indictment in February, she said she had "done what, in my opinion, was the only political and human thing to do" to fight against marriages. forced children.
“Imagine arriving in a country like Denmark, a country of parity, as a young girl in a forced marriage, and finding that instead of giving yourself the option of ending your forced marriage, the State forces you to do so by lodging you together in an asylum center, ”she pleaded.
Minister from 2015 to 2019
Of the 179 Folketing MPs, 139 voted in favor of the indictment.
Thirty were opposed and ten did not participate in the vote.
Minister of Immigration from 2015 to 2019 in a center-right government supported by the populist anti-immigration right DF, the Danish People's Party, Inger Støjberg assumed Denmark's very restrictive welcome policy and prided himself on have passed more than 110 amendments restricting the rights of foreigners.
Anti-immigration measures
Holder of a tough anti-immigration line, used to criticizing Islam, she had sparked controversy by posing with a cake on social networks to celebrate the 50th of these amendments, in 2017.
During her tenure, she also passed a measure confiscating migrants' property to finance their care in Denmark.
The third time in a century
This is the third time since 1910 that a political leader has been referred to the Special Court of Justice, intended to try ministers who have committed embezzlement or negligence in the exercise of their functions.
The last case dates back to 1993 with the “Tamoulgate”, the illegal freeze on family reunification of Tamil refugees which was decided in 1987 and 1988 by the former Conservative Minister of Justice Erik Ninn-Hansen.
The latter then received a suspended four-month prison sentence.
The ex-minister would face a fine
If found guilty, Inger Støjberg should almost certainly be fined, according to the law professor.
“In the case of Erik Ninn-Hansen, people certainly died because of the decisions.
In the case of Inger Støjberg, it is not as serious ”, argued Frederik Waage, who considers that the ministerial decision could have violated Article 8 of the European Convention, which maintains that families should not be separated. .
In power since 2019, Mette Frederiksen's Social Democrats have changed little in the country's very restrictive immigration policy under the right-wing, even taking even tougher initiatives.
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