Situation during visit in 2008
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
of an administrative decision by 7.189 in 2007, a decrease of 48%.15
the prison authorities as a
A report from the Danish Prison and
punishment for disciplinary
Probation Service shows that the number of
infractions;
solitary confinements imposed as
Solitary confinement of remand punishment for disciplinary infractions has
prisoners based on a court
decreased from 715 persons in 2006 to 631
decision was strictly restricted
persons in 2007.16
to situations where there are
Non-governmental sources: No new
specific reasons to presume that
legislation has been adopted regarding
the accused will impede the
solitary confinement since 2007.
prosecution of the case;
- On 30 March 2010, the Ministry of Justice
Administration of Justice Act
received a report from the Director of Public
contains no provisions
Prosecutions on the use of solitary
according to which solitary
confinement in 2008, according to which:
confinement can be imposed
following a court decision, the i. The total number of cases of solitary
decision to exclude a prisoner
confinement has increased 20% from 273
from association with others is cases in 2007 to 327 cases in 2008, while the
to be made after having
average duration of solitary confinement
presented the case to the legal
decreased from 27 days in 2007 to 21 days
staff of the Chief Constable‘s
in 2008.
office;
ii. Four persons under the age of 18 were
Instances where pre-trial
placed in solitary confinement.
detainees reported that the
iii. Solitary confinement was used in 5,3%
police used the threat of
extending solitary confinement of all instances of pre-trial detention. In
to coerce detainees to cooperate approximately 91% of the cases it was used
in relation to serious criminal offences.
in an investigation.
- On 1 June 2010, the amendment of the
Criminal Code lowering the age of criminal
liability from 15 years to 14 years, could
potentially impact on the use of solitary
15
16
forms the basis for the decision. The
measure can be imposed on prisoners on
suspicion that they are pressuring or
threatening other inmates, but evidence
to substantiate such suspicions does not
have to be presented or procured.
Anvendelsen af varetægtsfængsling i isolation i 2007, Rigsadvokaten, journal no. RA-2007-120-0037, available in Danish at
http://www.justitsministeriet.dk/fileadmin/downloads/Pressemeddelelser2008/redegoerelse_isolation.pdf (20.08.2009)
Statistik 2007, Kriminalforsorgen [Danish Prison and Probation Service], available in Danish at:
http://www.kriminalforsorgen.dk/publika/Statistik%202007/html/default.htm (20.08.2009)
A/HRC/19/61/Add.3
28
Recommendations
(A/HRC/10/44/Add.2)
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