BAPTISM BY FIRE FOR NEW UNIT DURING CLIMATE SUMMIT
ment. Each participating state is obliged to establish one or more national
authorities for the prevention of torture etc.
In collaboration with the Rehabilitation and Research Centre for Torture
Victims and the Institute for Human Rights, the OPCAT Unit undertook nine
inspections in 2009 and 20 inspections in 2010. The inspections were carried
out in detentions rooms for intoxicated persons, gaols, prisons, closed psychi
atric wards, homes for the mentally retarded and one boarding house run by the
Prison Service. The inspections were targeted towards four areas: the relationship between inmates/patients/residents and employees, the use of isolation,
medical matters and the extent to which force was used. In 2011, the OPCAT
Unit expects to undertake 40 inspections.
It soon became clear that an investigation of the situation on 12 December
2009 fell more naturally under the OPCAT Unit than the Ombudsman’s
department for ordinary inspections. This was partly because several hundred
of the detainees had immediately stated that they wanted the courts to test the
legality of their detention by the police. The Ombudsman traditionally does not
enter cases with special access to being tested by submission to a court, but the
OPCAT mandate provides an opportunity to assess circumstances with a view
to the future and to make recommendations for possible improvements to the
authorities without taking any court judgments about legality into consideration. When detaining people, the police must respect human rights, irrespective
of whether the detentions are legal or not.
The information in the media and the citizens’ approaches to the Ombudsman about the events moreover suggested that the treatment of certain citizens
might have endangered their health. This indicated that it might be necessary to
include medical expertise in the investigation.
THE OPCAT INVESTIGATION
On Tuesday 15 December 2009, three days after the large demonstration, the
OPCAT Unit wrote to the Copenhagen Police to request answers to a number
of questions about the climate cages at Retortvej.
On the same day, at around 2.30 p.m., the OPCAT Unit, with a doctor from
the Rehabilitation and Research Centre for Torture Victims, carried out an unannounced inspection of the climate cages, which had been erected in a disused
production hall at Retortvej in Valby. There were no people in the cages during
the inspection. Twelve cages were intended for eight persons and the remain-
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