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
seek to change the current practice.
- Unforeseen events during the planning
process have delayed the opening of the new
institution in Nuuk until late 2015. The
conditions of female detainees in the new
institution will be at the centre of attention.
- According to Copenhagen Prisons, male
inmates are rarely placed in women‘s unit.
As of 2010, a new unit in the Herstedvester
Institution was only for female inmates. The
female inmates have the possibility to work
and study together with male inmates if they
wish to, however in the new unit it is
possible to choose to work and engage in
activities during leisure time without the
presence of male inmates.
- A research project focusing on female
inmates was concluded in November 2010
and will form the basis for an assessment on
how to improve the conditions for female
inmates.
(f) Refrain from the use of
diplomatic assurances as a
means of returning suspected
terrorists to countries known
for practicing torture.
The Government considered to
employ diplomatic assurances to
return suspected terrorists to
countries known for their
practice of torture;
Non-governmental sources: According to
Bill No. L 209 of 28 April 2009 on
administrative expulsion, etc. adopted on 28
May 2009, diplomatic assurances can be
used in concrete cases. Individual
assessment will be made in each case and in
Memorandum of Understanding light of Denmark‘s international obligations.
between the Ministry of
Defence of Afghanistan and the Government: Danish legislation contains
Ministry of Defence of
no provisions on diplomatic assurances, and
Denmark of 8 June 2005
this device has not been applied by
concerning the transfer of
Denmark. The white book upon which Act
persons between the Danish
No 209 of 28 May 09 on administrative
contingent of the International
expulsion was based, states that ―…it cannot
Security Assistance Force and
be denied, that it is possible to apply
the Afghan authorities.
diplomatic assurances without violating
international law, but the possibility is
Non-governmental sources: In June
2011, the High Court upheld the
decision of Hillerød Court not to permit
his extradition on the grounds that
diplomatic assurances from the central
Government were in fact
inconsequential and ineffective since the
central Government did not have control
over the conditions and practices of the
prison system in West-Bengali. On 1
July 2011, Denmark formally
communicated to the Working Group of
the UPR indicating that it had accepted
the UPR recommendation to strictly
observe the principle of non-refoulement
and not to resort to diplomatic
A/HRC/19/61/Add.3
36
Recommendations
(A/HRC/10/44/Add.2)
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