Recommendations
(A/HRC/10/44/Add.2)
(a) Incorporate a specific
crime of torture in the
criminal law.
Situation during visit in 2008
Section 157 (a) of the Criminal
Code referred to torture as
aggravating circumstance in
relation to existing crimes and
increased the maximum
penalties for such acts.
Information received in the reporting
Steps taken in previous years and (See
A/HRC/13/39/Add.6; A/HRC/16/52/Add.2A) period
Government: The Committee on Criminal
Law has thoroughly assessed the need for
the adoption of a specific provision on the
crime of torture in Danish criminal law. It
did not recommend this mainly due to the
fact that all acts considered to be covered by
Art. 1 CAT, are covered by existing
provisions of Danish criminal law. The
current legislation – including the provision
in Section 157 (a) of the Criminal Code is a
sufficient and adequate response to the need
to criminalize torture.
Non-governmental sources: The
situation remains unchanged. Several
politicians have expressed an interest in
working for the inclusion of a specific
crime of torture in the Danish criminal
law.
On 1 July 2011, Denmark formally
communicated to the Working Group of
the UPR that it had accepted the UPR
recommendation to ensure that all acts
of torture are specific offences under its
criminal law. Denmark considers that all
Non-governmental sources: The Minister of acts of torture are cirminalized in the
Justice re-affirmed that the position of the
Danish Criminal Code, thus implying
Government, expressed in para 157 (a) of
that there is no need for a specific crime
the Danish Criminal Code, considering
of torture in the criminal code.
torture as an aggravating circumstance, but
not as a specific crime, remains unchanged.
Government: The status has not changed.
(b) Further reduce the use of
solitary confinement, based
on the unequivocal evidence
of its negative mental health
effects upon detainees.
Non-governmental sources: In 2009, there
was no new legislation concerning solitary
confinement. The statistics for 2008 were
not available.
Government: A report from the Danish
Director of Public Prosecutions from 31
October 2008 shows that there has been a
significant decrease in the use of solitary
confinement of remand prisoners in 2007
compared to previous years. The total
number of days remand prisoners were in
solitary confinement was 13.838 in 2006 and
Non-governmental sources:
Reportedly, administrative solitary
confinement imposed on remand
prisoners and convicted prisoners cannot
be appealed to independent judicial
review, but only appealed
administratively to the Prison
Directorate and ultimately the Minister
of Justice. In addition, there is no upper
limit to the extent of this measure, nor is
the person subjected to this measure
entitled to access to the information that
27
A/HRC/19/61/Add.3
Solitary confinement of remand
prisoners on the basis of a court
decision was used to isolate
suspects during criminal
investigations in pre-trial
detention, whereas
administrative solitary
confinement (reduced or total
exclusion from association with
other detainees) may be
imposed on remand and
convicted prisoners on the basis
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents