Experts of the Committee against Torture Welcome Denmark’s Global Efforts to Combat Torture, Ask about the Use of Coercive Measures in Psychiatric Institutions and Pre-Trial Detention
The Committee against Torture today concluded its consideration of the eighth periodic report of Denmark, with Committee Experts welcoming Denmark’s global efforts to combat torture and raising questions about the use of coercive measures in psychiatric institutions and pre-trial detention.
Liu Huawen, Committee Expert and Country Co-Rapporteur, said Denmark had been engaged in the fight against torture for years. He welcomed that Denmark had worked on the Convention against Torture Initiative and had promoted the renewal of the mandate of the Special Rapporteur against torture. Last year, Denmark had ratified the International Convention for the Protection of All Persons from Enforced Disappearance and implemented legislation on violence against women. These were all positive steps, he said.
Mr. Liu said many reports indicated that the use of coercive measures in psychiatric institutions in Denmark had increased since 2015. What measures had the State party taken to prevent the overuse and extended use of coercion, including restraining belts, in mental institutions? The number of children who had been subject to coercion in psychiatric treatment had increased since 2011. How would the State party reduce the use of coercive measures against children and provide children with avenues to submit complaints?
Ilvija Puce, Committee Expert and Country Co-Rapporteur, said it was welcome that the Government had established an expert committee to criminalise the crime of torture. Could information on its work be provided? Pre-trial detention was a significant issue in Denmark, she noted. About 40 per cent of the prison population was in pre-trial detention. How often were alternatives to pre-trial detention applied, and what alternatives were provided? Conditions for pre-trial detainees across the State were reportedly poor. How did the State party plan to improve the situation?
Introducing the report, Ulf Melgaard, Director, International Law and Human Rights, Ministry of Foreign Affairs of Denmark and head of the delegation, said the fight against torture was a key priority for Denmark and had been so for many decades. Denmark also invested substantial resources in the global fight against torture.
At the beginning of this year, Mr. Melgaard said, the Danish Government decided that the Criminal Code should be amended to introduce separate and specific criminal provisions that criminalised torture as well as new provisions on crimes against humanity and war crimes. An expert advisory committee was set up in June 2023 to present drafts for new penal provisions to be introduced in criminal legislation before the end of 2023. A bill introducing such amendments was expected to be passed in the spring of 2024.
Mr. Melgaard said Denmark was committed to addressing the challenges it faced regarding mental health. It had developed a comprehensive 10-year action plan for the improvement of psychiatric care. The plan prioritised prevention, early intervention, and equitable access to high-quality care. Negotiations to reduce the use of coercive measures towards 2030 would be initiated this autumn. It had also been agreed in the plan to explore types of less intrusive coercive measures.
The delegation added that there had been a decrease in the use of belts against adults in recent years, but there had been an increase in the use of coercive medication. Health professionals were trained to prevent the use of coercion and to de-escalate conflict. In 2022, 359 minors were exposed to coercive measures, an increase by 60 compared to 2015. This increase was a cause for concern. A special course on minors would be developed for hospital staff. Ongoing assessments of the use of forced restraints were carried out. Patients subjected to coercion had the right to a counsellor. Patients could make complaints to the Psychiatric Complaints Board, the Psychiatric Appeals Board and the civil courts.
Pre-trial detention was issued when there were fears of reoffending and when serious crimes were committed, the delegation said. Decisions on pre-trial detention needed to be made for as short a period as possible and should have a maximum time limit of four weeks after which the need for prolongation of the pre-trial detention had to be reassessed by the court. In 2022, there were 3,619 persons who had been subjected to pre-trial detention for an average of five months. The Government was assessing the feasibility of expanding alternatives to pre-trial detention. Remand prisoners had access to occupation through work, education or other approved activity, including treatment. They also had access to recreation activities and could watch television and listen to the radio. They were entitled to at least one hour a day in open air.
The Prison and Probations Service in Greenland was run by Danish authorities. The Faroe Islands did not have any prisons but had a detention centre that housed up to 14 persons. Some persons who committed crimes in the Faroe Islands were transferred to mainland Denmark to be placed in prisons. There were 45 remand prisoners in Greenland as of 6 July 2023. Remand custody was also used in the Faroe Islands. The Independent Police Complaints Authority could investigate complaints from Greenland and the Faroe Islands.
In closing remarks, Claude Heller, Committee Chair, said that the dialogue had been conducted in a constructive spirit, in keeping with Denmark’s traditionally positive stance to implementing and promoting the Convention domestically and internationally. The Committee was interested in strengthening its ongoing dialogue with Denmark.
In his concluding remarks, Mr. Melgaard said that the fight against torture began at home. The Committee had posed pertinent questions that would guide the State party in advancing its work in implementing the Convention. The delegation was pleased that the Committee had raised relevant, current issues that the State party would work to address.
The delegation of Denmark consisted of representatives from the Danish Ministry of Foreign Affairs; Ministry of Justice; Ministry of Immigration and Integration; Danish Immigration Service; Danish Return Agency; Ministry of the Interior and Health; Ministry of Social Affairs, Housing and Senior Citizens; the Permanent Mission of Denmark to the United Nations Office at Geneva; as well as from the Government of Greenland and the Ministry of Foreign Affairs, Trade and Industry of the Faroe Islands.
The Committee will issue concluding observations on the report of Denmark at the end of its seventy-eighth session on 24 November. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage. Summaries of the public meetings of the Committee can be found here, and webcasts of the public meetings can be found here.
The Committee will next meet in public on Tuesday, 14 November at 10 a.m. to begin its review of the fifth periodic report of Egypt (CAT/C/EGY/5).
Report
The Committee has before it the eighth periodic report of Denmark (CAT/C/DNK/8).
Presentation of Report
ULF MELGAARD, Director, International Law and Human Rights, Ministry of Foreign Affairs of Denmark and head of the delegation, said the fight against torture was a key priority for Denmark and had been so for many decades. Denmark also invested substantial resources in the global fight against torture.
At the beginning of this year, the Danish Government decided that the Criminal Code should be amended to introduce separate and specific criminal provisions that criminalised torture as well as new provisions on crimes against humanity and war crimes. An expert advisory committee was set up in June 2023 to present drafts for new penal provisions to be introduced in criminal legislation before the end of 2023. A bill introducing such amendments was expected to be passed in the spring of 2024.
In 2019, the Criminal Code was amended by introducing a new separate penal provision on psychological violence in close relations. In January 2021, a new definition of rape was introduced in the Criminal Code, which criminalised non-consensual sexual acts. An element of violence or an imminent threat of violence were no longer requirements for criminal liability. The Government also adopted in May 2022 a new provision in the Criminal Code which criminalised the exploitation of others for work under unreasonable conditions. The provision did not require the presence of coercion. Further, in September 2023, an amended disciplinary penalty system in the Prison and Probation Service entered into force. The amendments aimed to decrease the use of disciplinary solitary confinement, in particular long-term confinements, in line with the Committee’s concluding observations of 2016. Solitary confinement could now only be imposed on convicted prisoners for a period of no longer than two weeks, except in exceptional circumstances.
The Refugee Appeals Board had introduced a more child-friendly procedure for its oral proceedings in asylum cases concerning unaccompanied minors seeking asylum in Denmark. A one-week course on interviewing children in asylum cases was provided to members of the Board, counsel assigned to asylum seekers, interpreters, asylum officers from the Danish Immigration Service, and agents from the Return Agency.
Denmark was committed to addressing the challenges it faced regarding mental health. It had developed a comprehensive 10-year action plan for the improvement of psychiatric care. The plan prioritised prevention, early intervention, and equitable access to high-quality care. Negotiations to reduce the use of coercive measures towards 2030 would be initiated this autumn. It had also been agreed in the plan to explore types of less intrusive coercive measures.
Denmark had invested significant resources in addressing the issues raised by the Committee and would continue to do so. However, it faced challenges regarding the capacity of prisons, such as the number of prison cells and the recruitment and retention of prison staff. The Government was making a determined effort to solve these problems. It had adopted initiatives, including an agreement for the rental of prison cells in Kosovo, the construction of a new prison and expansion of existing prisons in Denmark, as well as the improvement of general conditions for the prison staff, including salary during training. Denmark was deeply committed to the implementation of the Convention and to improving and ensuring continued progress in preventing and eliminating all torture and ill-treatment.
TOVE SØVNDAHL GANT, Government of Greenland, said Greenland as a self-governing country, consisting of a population of 56,700 persons spanning an enormous territory, was deeply committed to human rights and fundamental freedoms. The Government of Greenland, which was formed by a two-party coalition, was committed to building upon, defending and protecting international human rights. The awareness of Greenland’s public of human rights had increased immensely with the establishment of its own Council for Human Rights in 2013. The Government had also proposed a law on equality and the prohibition of discrimination on any grounds, which was now on the agenda for the current session of Parliament and was expected to be adopted early next week. The Government was interested in increasing understanding and knowledge that the Convention, which had been translated into Kalaallisut, also applied to contexts beyond the law enforcement and justice sector.
MARGRETHA JACOBSEN, Ministry of Foreign Affairs, Trade and Industry of the Faroe Islands, said the Faroe Islands was committed to ensuring that human rights were strong and implemented in an ongoing process. The Government had reached an agreement with Denmark on the building of the first prison in the Faroe Islands, which would replace the existing inadequate detention facilities. Recently, amendments had been made to the Faroese Criminal Code, with the introduction of a new definition of rape last year and the criminalisation of non-consensual sexual acts. The Government had provided structures for support services for survivors of rape and sexual assault. The Faroese Criminal Code would be amended to include a new separate provision on psychological violence in close relations. A national plan on domestic violence and violence in close relationships would be presented to the Parliament. Funding had been provided for the establishment and development of an ambulatory care centre for victims of violence of all genders, which opened in September 2023.
Questions by Committee Experts
ILVIJA PUCE, Committee Expert and Country Co-Rapporteur, said that the Committee noted Denmark’s commitment to implementing international standards and the Convention. It hoped that Denmark would continue to work hard to prevent torture. In 2015, the Committee welcomed the incorporation of a definition of torture in the Criminal Code. However, it was disappointed that the State party had not established torture as a criminal offence but rather as an aggravating circumstance. It was welcome that the Government had established an expert committee to criminalise the crime of torture. Could information on its work be provided? The work of the expert committee did not appear to extend to Greenland. There was also no information available about plans to establish torture legislation in the Faroe Islands. What plans were in place to address torture through legislation in these territories? Could information on court cases involving torture be provided?
The Parliamentary Ombudsman, the national preventive mechanism, was directly accountable to Parliament. How was its independence ensured? It was welcome that the mechanism was complimented by non-governmental organizations. Did the mechanism include child psychiatrists? How many visits did it conduct each year? Were visits unannounced? What were their outcomes? Had the mechanism raised systemic issues that had been addressed by the Government? The competence of the mechanism reportedly did not extend to Greenland. What plans were in place to extend its competence? Who visited institutions in Greenland and the Faroe Islands, how many visits had been conducted, and what were their outcomes?
Ms. Puce said the Independent Police Complaints Authority had been registering complaints of torture under a separate category since 2016. This was welcome. The police had recorded five complaints of torture since 2019, but no prosecutions had been handed down in relation to these complaints. What were the details of these complaints and the complainants? How were complaints examined? What were the avenues for detainees to submit complaints, including in psychiatric institutions? How were they informed about their right to complain? Trust in the complaints system was reportedly low. Who decided whether to send cases to court? How many investigations of complaints had been initiated in recent years? Was the same complaints system used in the Faroe Islands and Greenland?
How would the State party grant immediate access to lawyers for foreign nationals, support their access to medical treatment, and inform their next-of-kin in the case of death? What governed actions by police during detention in police stations?
Pre-trial detention was a significant issue in Denmark. About 40 per cent of the prison population was in pre-trial detention. How often were alternatives to pre-trial detention applied, and what alternatives were provided? What training was provided to judges on pre-trial detention? Could information on pre-trial detention in Greenland and the Faroe Islands be provided? Conditions for pre-trial detainees across the State were reportedly poor. On what percentage of people did courts impose restrictions on contact with the outside world? Such detention amounted to solitary confinement. How did the State party plan to improve the situation? What rules regulated conditions in pre-trial detention facilities? How were medical screenings provided in such facilities? Such screenings were reportedly only conducted on request from detainees.
The cause of many problems in Danish prisons was overcrowding. The lack of staff in the prison system made the problem worse. How did the State party plan to address the situation? How many vacancies were there for prison staff and how did the State plan to fill them? The medical system in prisons was reportedly not well organised. Some nurses were not trained to perform simple tasks such as blood tests, and some medical centres lacked chief doctors. Were there plans to move the prison medical system under the Ministry of Health? Was there an obligation for medical doctors to report when they suspected that torture had occurred?
What ongoing training was provided to staff in migration institutions and to people in charge of investigating complaints, including on the Istanbul Protocol?
LIU HUAWEN, Committee Expert and Country Co-Rapporteur, said Denmark had been engaged in the fight against torture for years. He welcomed that it had worked on the Convention against Torture Initiative, had promoted the renewal of the mandate of the Special Rapporteur against torture, and had promoted the ratification of the Convention. Last year, Denmark had ratified the International Convention for the Protection of All Persons from Enforced Disappearance and implemented legislation on violence against women. It had increased the minimum age of marriage from 15 to 18 years in 2017. It had also implemented a ban on sham marriage for immigration purposes in 2018. These were all positive steps.
There was concern about the low number of investigations and few convictions of human trafficking in Denmark. How would the State party ensure that increased funding and resources designated to combatting human trafficking would lead to increased prosecution and identification of victims? The Human Rights Committee had decided on a case regarding a victim of trafficking in Denmark in 2013 and concluded that it was a violation of the principle of non-refoulement to deport the person. There were also other similar cases concerning deportation to Albania and Nigeria before that Committee. Could the State party provide updated information on these cases? How did the State party intend to strengthen its protection of victims of trafficking and non-citizens and prevent refoulement?
There had been a notable increase in violent incidents and threats among inmates, raising concerns about their safety and security within prisons. From January 2014 until May 2019, the Independent Police Compliant Authority had reviewed 28 cases involving deaths and six cases involving deaths in police detention. None of the cases led to criminal charges being raised against police officers following investigations. What investigations into these cases had been conducted? What measures had been taken by the State party to prevent inter-prisoner violence and death in prisons?
In 2021, some 579 instances of the police using pepper spray were registered. In 11 of these cases, the use of pepper spray had resulted in a person being treated for injuries in the emergency room. What measures had been taken to ensure that the use of pepper spray by the police met the requirements of necessity and proportionality? What mechanism was in place to monitor the use of pepper spray? In 2017, legislation was amended to allow for further use of pepper spray in prisons. What measures had the State party taken to further regulate the use of pepper spray by prison staff? Was there a special complaint mechanism for prisoners?
Mr. Liu said the Committee welcomed the positive progress made by Denmark in improving psychiatric institutions. In September 2022, a broad political agreement was reached on the issue of psychiatry in Denmark. In addition, in August 2023, the Government proposed to allocate an additional 467 million Danish Kroners to the psychiatric sector in 2024. However, many reports indicated that the use of coercive measures in psychiatric institutions in Denmark had increased since 2015. What measures had the State party taken to prevent the overuse and extended use of coercion, including restraining belts, in mental institutions? What measures had it taken to provide more training for mental hospital staff and to regulate coercive measures? The number of children who had been subject to coercion in psychiatric treatment had increased since 2011. How would the State party reduce the use of coercive measures against children and provide children with avenues to submit complaints?
What measures had the State party taken to ensure that Danish Forces were acting in accordance with the Convention abroad? What mechanisms were in place for investigations of misconduct by military or Government actors abroad? What training procedures were available to individuals entering conflict zones on the identification and prevention of torture? How did the State party ensure that the rights of victims of torture and ill-treatment were guaranteed in law and practice in extraterritorial actions?
Would the State party consider taking necessary legal measures to ensure that civil proceedings related to torture and ill-treatment were not subject to a statute of limitations? What criminal or civil remedies were available for intersex persons who underwent involuntary medical treatment during childhood? Were these remedies subject to any statute of limitations?
Other Committee Experts also raised questions on rape legislation; access to abortion; the commission of inquiry investigating cases of forced sterilisation on young Greenlander girls in the 1960s; stays to deportation orders when they were appealed or challenged by international bodies; measures to prevent dissuasive measures from being applied to persons requesting asylum; measures to ensure the agreement to transfer 300 third-party national detainees from Denmark to Kosovo was in line with the Convention; the State party’s position on processing persons seeking asylum in Denmark in third countries; the State party’s reasons for not participating in the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights; and the application of international treaties in Greenland and the Faroe Islands.
Responses by the Delegation
The delegation said Denmark’s Parliamentary Ombudsman was independent. Its budget was under the auspices of the Parliament and Parliament appointed the Ombudsman, but that was the limit of its powers. The Ombudsman could not be a member of Parliament. As the national preventive mechanism, the Ombudsman conducted visits of places of deprivation of liberty. Most of the staff members of the Ombudsman had a legal background, but there were also members with expertise in psychiatry. The Ombudsman monitored forced deportation of foreign nationals. Each year, the Ombudsman produced thematic reports on issues, including related to torture and other cruel, inhuman or degrading treatment.
At the beginning of this year, the Government decided to introduce separate penal provisions that criminalised torture, crimes against humanity and war crimes. A committee was established to devise the legislation, and it was expected to finish its work at the end of this year and submit law proposals early next year. Current legislation included provisions in the Criminal Code and Military Criminal Code that made torture an aggravating circumstance. The definition of torture in these provisions was in line with the Convention. Denmark currently had a majority Government, so there was a high likelihood that the new legislation would pass.
Denmark had directly implemented the principle of non-refoulement in its legislation. It granted asylum if the asylum seeker was at risk of being subjected to torture in their country of origin. The immigration authorities were legally obliged to take Denmark’s international obligations into account. They produced memoranda on compliance with the Refugee Convention, the European Convention on Human Rights, the Convention against Torture and other international norms. If there were indications that asylum seekers had been subjected to trafficking, they were referred to the Centre against Human Trafficking. Specific, individual assessments of the risk of abuse were conducted.
Human trafficking did not presuppose that the alien risked abuse when returning. The Board reopened relevant cases when there were reports of violations. It had reopened 16 such cases and decided to uphold its decisions. It had made a specific individual reassessment in response to a View submitted by the Human Rights Committee on a deportation case, finding that that person involved was not at risk of refoulement. The Government would conduct due diligence related to any proposed arrangements with third countries regarding asylum processing, but no such agreements had been made yet.
In 2018, the statute of limitations was altered to remove the limitation in cases of child abuse. Courts provided redress to victims of ill-treatment. Since 2013, the non-governmental organization “Children’s Welfare” had received State funds to support victims to make requests for redress to the State.
The delegation said all asylum seekers were offered a medical examination from the Danish Red Cross upon arrival. Operators were trained to identify vulnerable people under domestic provisions. Special attention was given to unaccompanied minors and persons with disabilities. In immigration hearings, asylum seekers were asked if they had been subjected to torture in their home countries. Asylum seekers could request interpreters for such interviews. If women were assessed to be threatened due to partner violence, they were provided with shelter and care.
A residence permit issued based on spousal reunification was revoked in the case of divorce. Aliens who had stayed in Denmark for more than two years before the break-up, or for a shorter period if they could prove that they had integrated into Danish society, were issued with residence permits after breakups. Under the Danish Government’s action plan against domestic violence, the Government was considering extending the issuance of residence permits to aliens who had co-habited with an abusive partner.
According to Danish legislation, rejected asylum seekers could be detained for up to six months or up to one year in special circumstances. Judges decided on time limits for detention, which were necessary and proportionate. Asylum seekers, in principle, did not stay in return centres unless they had been convicted of a crime. The Government was interested in creating a safe environment for children in return centres, which offered day care for children and allowed families to cook their own meals and eat in private.
The Independent Police Complaints Authority investigated complaints lodged against the police and deaths in custody. The Authority was independent from the Police and the Prosecution Service. The Chair of its Council was a High Court judge. Its decisions were final. Other authorities could not influence the Authority. In 2021, the Authority issued decisions on 820 complaints and 516 criminal cases. In cases where inmates had complained about ill-treatment, their cases were examined by the local human resources unit of the prison and probation authority. If there was suspicion of violence, cases were referred to the police. Persons who examined cases were not employed in the same institutions to which the complaint related.
Pre-trial detention was regulated in the Administration of Justice Act, and was subject to judicial control. It was issued when there were fears of reoffending and when serious crimes were committed. Pre-trial detention was issued when there were fears of reoffending and when serious crimes were committed, the delegation said. Decisions on pre-trial detention needed to be made for as short a period as possible and should have a maximum time limit of four weeks after which the need for prolongation of the pre-trial detention had to be reassessed by the court. In 2022, there were 3,619 persons who had been subjected to pre-trial detention for an average of five months. The Government was assessing the feasibility of expanding alternatives to pre-trial detention. Pre-trial detainees could be subjected to restrictions, including on visitation rights and outside communications. All restrictions were subject to judicial control. In 2022, there were 2,239 persons who were subjected to communication restrictions and 2,235 persons who were subjected to visitation restrictions. The conditions of pre-trial detention in Denmark were not equal to solitary confinement.
Remand prisoners had access to occupation through work, education or other approved activity, including treatment. They also had access to recreation activities and could watch television and listen to the radio. They were entitled to at least one hour a day in open air.
The Prison and Probations Service in Greenland was run by Danish authorities. The Faroe Islands did not have any prisons, but had a detention centre that housed up to 14 persons. Some persons who committed crimes in the Faroe Islands were transferred to mainland Denmark to be placed in prisons. There were 45 remand prisoners in Greenland as of 6 July 2023. Remand custody was also used in the Faroe Islands. The Independent Police Complaints Authority could investigate complaints from Greenland and the Faroe Islands.
Denmark was facing serious challenges regarding the capacity of prison cells and the number of prison staff. The Government had requested the Criminal Law Committee to provide guidance on alternatives to imprisonment which could have a positive impact on the issue of overcrowding. In recent years, prisons had been reliant on prison staff working overtime and taking extra shifts. There was likely a shortage of several hundred staff.
The number of inter-prisoner violence incidents had decreased from 411 violent episodes in 2019 to 306 incidents in 2022. The State was focusing on preventative measures to reduce violence between inmates. Information was shared between police and prison authorities to analyse violent episodes and extract learnings. Violence was sanctioned by disciplinary punishment and could lead to transfer to a different institution.
Denmark’s international obligations were taken into consideration in the agreement with Kosovo. The treatment of prisoners at the correction facilities would take place in accordance with Danish law and the State’s international obligations. National and international monitoring bodies would oversee the facilities, in cooperation with the national preventive mechanism. The correctional facility in Kosovo would not be made operational until the State was satisfied that its conditions were at the same level as Danish facilities.
The Complaints Authority was investigating a case involving alleged inappropriate use of pepper spray. The use of force needed to be proportionate. Inmates needed to be informed about the use of pepper spray before its use, and it could not be used in confined areas. The State had in July 2023 issued new rules regarding the use of pepper spray by prison staff, which specified that pepper spray could be carried in special risk situations, such as prison transfers and court hearings. In 2020, there were 76 incidents of pepper spray use, 84 in 2021, 63 in 2022, and 53 in 2023. In response to the Ombudsman’s complaint regarding the use of pepper spray, a management audit regarding the use of pepper spray had been carried out. Guidelines on processing the use of pepper spray and complaints about its use had been issued. If force was used against inmates, they were advised of their right to appeal to the Department of Prison and Probation Service, which conducted investigations into complaints following relevant legislation.
Torture as a criminal offence was not subject to a statute of limitations in Denmark. Persons could be ordered to pay damages if claims for compensation were lodged within one year of guilty verdicts for acts of torture.
During the past decade, there had been focus on the need to reduce coercion in psychiatric hospitals in Denmark. There had been a decrease in the use of belts against adults in recent years, but there had been an increase in the use of coercive medication. Health professionals were trained to prevent the use of coercion and to de-escalate conflict. They undertook courses on the use of coercion and received education on relevant court rulings regarding coercion. In 2022, 359 minors were exposed to coercive measures, an increase by 60 compared to 2015. This increase was a cause for concern. A special course on minors would be developed for hospital staff. The Government planned to reform the Mental Health Act to ensure that the safeguards it provided applied to minors 15 years and younger. Ongoing assessments of the use of forced restraints were carried out. Patients subjected to coercion had the right to a counsellor. Patients could make complaints to the Psychiatric Complaints Board, the Psychiatric Appeals Board and the civil courts.
Denmark and Greenland had agreed on a historic account to uncover the historical context of abuse of women and girls. The account would be finalised in 2025. No Government decisions had been made regarding compensation. Based on the historic account, the Government would determine the next steps for supporting affected persons.
Most of the visits conducted by the Ombudsman were announced. The findings of visits were included in thematic reports and discussed with relevant Government authorities. The national preventive mechanism extended to the Faroe Islands and was in the process of being extended to Greenland. The Ombudsman had visited six detention institutions in Greenland two years ago.
The Danish Military Manual had been applicable to the Danish armed forces in Afghanistan since 2016. Since 2015, Danish forces no longer conducted detention operations in Afghanistan, making the manual not relevant to such operations. The Danish Military Prosecution Service, between 2006 and 2009, conducted 18 investigations into Danish military actions in Afghanistan, which had not led to convictions. There had been six court cases involving defence forces in Iraq and Afghanistan, none of which had found any wrongdoing by State forces. Danish soldiers had a duty to act if they witnessed torture and other cruel, inhuman or degrading treatment and to prevent and report such acts. Whistle-blower legislation made it mandatory for all public entities to have a whistle-blower scheme, including defence forces. Defence forces were provided with training on preventing and reporting torture. The Military Manual incorporated all of Denmark’s international human rights obligations and specifically addressed detention.
Important macroeconomic decisions needed to be decided upon by the legislature rather than an international committee, hence Denmark did not intend to accede to the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Faroe Islands and Greenland were part of the Kingdom of Denmark, but they were independent, self-governing territories. Denmark issued exemptions to international norms for the territories to allow them to consider the norms.
The Government of Greenland was awaiting the outcome of the expert commission on criminalising torture before considering whether to include such legislation in Greenland’s Criminal Code. Greenland also had an independent monitoring system for the social welfare system. It conducted visits to care homes for persons with disabilities. The unit could also submit cases for follow-up. Its reports were made public. Greenland also had a specific complaints mechanism for psychiatric institutions.
The Government was vested with powers to apply for international agreements that solely applied to the Faroe Islands. The Faroe Islands had various monitoring institutions, including a Faroese Ombudsman. An order addressing coercion in psychiatry in the Faroe Islands had been amended in 2023. There was a complaints mechanism for patients of psychiatric institutions in the Faroe Islands. Patients were duly informed of their right to complain. In the case of coercion, patient advisors helped patients to issue complaints. The Faroe Islands Government was currently setting up a system for reporting cases of domestic violence. Information campaigns on domestic violence were being conducted. The Faroe Islands was also working on adopting a law on grooming in the Penal Code.
Questions by Committee Experts
ILVIJA PUCE, Committee Expert and Country Co-Rapporteur, asked how many complaints on torture and ill-treatment had been received by the Independent Police Complaints Authority. How many remand prisoners were engaged in working activities last year, month on month? Conditions in migration centres were reportedly quite appalling. What were the State’s plans to improve these centres? Was the law on confiscation of migrants’ assets still enforced? What was confiscated?
In prisons in Greenland, juveniles were held with adults because there were no juvenile detention facilities. Children from social care homes were brought to closed facilities together with children who had committed crimes. Were there plans to address these situations? Solitary confinement could be applied to children and applied for more than 14 days. Were there plans to abolish solitary confinement for children and extensions of solitary confinement? Could the delegation provide statistics on the application of solitary confinement?
LIU HUAWEN, Committee Expert and Country Co-Rapporteur, said that reportedly, domestic violence against children was still widespread. One study found that 22 per cent of children reported being subjected to physical violence in their homes in the past year. There was an urgent need for enhanced public awareness of reporting mechanisms for abuse. There were no established guidelines on when police should request forensic investigation of children who were victims of abuse. Were there plans to develop such guidelines?
When there were insufficient staff in detention facilities, detainees’ rights to communication and visitation were impeded. There needed to be increased training and recruitment of prison staff. Mr. Liu called for social services to be more involved in the prison system, and for increased training for policymakers and lawmakers on human rights rules and approaches.
Responses by the Delegation
The delegation said the disciplinary penalty system had been changed recently, to a large extent accommodating the previous concluding observations of the Committee. Solitary confinement should not exceed 14 days as a general rule, but could exceed 14 days in exceptional circumstances, such as violence from inmates. Prolonged confinement was a last resort. There was still the possibility of using solitary confinement on minors, but this was a measure of last resort. There were very few cases in which minors were exposed to solitary confinement.
The Independent Police Complaints Authority had examined five cases involving torture and ill-treatment since June 2019.
In cases where children were placed in out-of-home care, the State considered the best interests of the child. The State ensured that facilities accommodated the needs of children. The Government was considering whether to revise the system of placing vulnerable juveniles with juveniles convicted of crimes.
In Danish law, there was an act concerning confiscation of valuables that continued to be applied. Valuables that were confiscated covered costs of medical examinations.
Convicted criminals were placed with asylum seekers in one return centre. The Government was considering moving some of these asylum seekers to a different centre. Asylum seekers and criminals were not kept in the same rooms.
School teachers and other professionals needed to notify authorities if they had suspicions that children were victims of domestic abuse. Such children were referred to child protection houses. Municipalities used child protection houses for video interrogations.
There were challenges in carrying out visits in remand prisons. The State was implementing initiatives to address these challenges. Police officers and prison staff received training on the European Convention on Human Rights and the Convention against Torture, as well as human rights in general. Prison staff were trained on identifying and preventing torture. Education was continuously revived. The Director of Public Prosecutions offered training courses for prosecutors on international legislation and human rights norms.
Concluding Remarks
CLAUDE HELLER, Committee Chair, said that the dialogue had been conducted in a constructive spirit, in keeping with Denmark’s traditionally positive stance to implementing and promoting the Convention domestically and internationally. The Committee’s concluding observations would address the issues raised in the dialogue. The Committee was interested in strengthening its ongoing dialogue with Denmark.
ULF MELGAARD, Director, International Law and Human Rights, Ministry of Foreign Affairs of Denmark and head of the delegation, thanked the Committee for the fruitful, constructive dialogue. The fight against torture began at home. The Committee had posed pertinent questions that would guide the State party in advancing its work in implementing the Convention. The State party also welcomed the input of civil society and Denmark’s national human rights institute, which had helped in the preparation for the dialogue. The delegation was pleased that the Committee had raised relevant, current issues that the State party would work to address.
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