The European Court of Human Rights (ECtHR) has ruled that Denmark violated Article 8 of the European Convention on Human Rights in the deportation case of Zana Sharafane, an Iraqi national born and raised in Denmark. The decision highlights the disproportionate nature of the expulsion and its impact on Sharafane’s private and family life.

Background of the Case
Zana Sharafane, born in Denmark in 1997, had lawfully resided in the country his entire life. He completed vocational training and lived with his parents in Aalborg. In 2021, he was convicted of serious drug offenses, including possession of 57 kilograms of cannabis and 107 grams of cocaine with the intent to sell. Sharafane was sentenced to two years and six months of imprisonment, and proceeds from his criminal activities were confiscated.

The District Court in Aalborg initially issued a warning regarding the risk of deportation, citing his strong ties to Denmark and lack of connection to Iraq. However, upon appeal, the High Court of Western Denmark overturned the decision, ordering Sharafane’s deportation with a six-year re-entry ban. The court justified the deportation based on the seriousness of the crime but reduced the ban from a permanent prohibition to six years, citing Denmark’s international obligations under Article 8.

Sharafane’s Appeal to the ECtHR
Sharafane challenged the High Court’s ruling, arguing that the expulsion and re-entry ban violated his right to private and family life. He emphasized his lifelong residence in Denmark, lack of any ties to Iraq, and the practical impossibility of returning to Denmark after the six-year ban due to restrictive visa regulations for Iraqi nationals.

ECtHR’s Judgment
The ECtHR found in Sharafane’s favor, determining that the six-year re-entry ban effectively constituted a permanent exclusion, given his negligible prospects of re-entering Denmark. The Court noted that the proportionality test conducted by the Danish courts failed to adequately account for his deep integration into Danish society and the severe impact of deportation on his private life.

The Court concluded that the deportation and re-entry ban violated Article 8, as the interference with Sharafane’s rights was not justified. While the ban was formally limited in time, the ECtHR emphasized that its practical effect was tantamount to a permanent prohibition due to stringent visa requirements for nationals from Iraq, categorized as a high-risk immigration group.

The ECtHR’s ruling requires Denmark to acknowledge the violation of Sharafane’s rights. Although the Court did not award financial compensation, it declared the finding of a violation sufficient as redress. The decision opens the door for Sharafane to potentially challenge his deportation further and seek a resolution that might allow him to return to Denmark.

The European Court of Human Rights (ECtHR) ruled that the deportation of Zana Sharafane with a six-year re-entry ban violated Article 8 of the European Convention on Human Rights, which protects the right to private and family life. The Court concluded that the re-entry ban effectively amounted to a permanent prohibition, as Sharafane’s prospects of returning to Denmark after the expiration of the ban were purely theoretical and unrealistic.

The ECtHR did not require Denmark to pay monetary compensation to Sharafane, stating that the recognition of the violation itself constituted sufficient redress. The ruling obliges Denmark to acknowledge the breach of human rights and to ensure that similar cases in the future comply with the Convention’s principles of proportionality and respect for human rights.

This decision provides Sharafane with the opportunity to further challenge his deportation and potentially secure a resolution that allows him to return to Denmark.