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

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