Denmark Follow-up Report to the Recommendations made by the Special Rapporteur on Torture (Manfred Nowak) in the report of his visit to Denmark from 2 March to 9 May 2008 (UN Doc. A/HRC/10/44/Add.2) 11. By letter dated 22 November 2011, the Special Rapporteur sent the table below to the Government of Denmark, requesting information and comments on the follow-up measures taken with regard to the implementation of the recommendations. The Special Rapporteur regrets that the Government has not responded to his request. He looks forward to receiving information on Denmark‘s efforts to follow-up to the recommendations and affirms that he stands ready to assist in efforts to prevent and combat torture and ill-treatment. 12. The Special Rapporteur takes note of Denmark‘s responses provided to the recommendations10 made in the course of its Universal Periodic Review on 2 May 2011. The Special Rapporteur trusts that the definition of torture, as covered by the existing provisions of the Danish Criminal Code, is in full conformity with the Convention against Torture, by which torture is defined as a serious crime, sanctioned with penalties commensurate with the gravity of torture. 13. On the issue of the continued practice of solitary confinement, the Special Rapporteur stresses that solitary confinement is a harsh measure which may cause serious psychological and psychological adverse effects on individuals regardless of their specific conditions. He defines prolonged solitary confinement as any period of solitary confinement in excess of 15 days.11 14. The Special Rapporteur encourages the authorities to ensure that detained persons held in solitary confinement are afforded genuine opportunities to challenge both the nature of their confinement and its underlying justification through the courts of law. This requires a right to appeal all final decisions by prison authorities and administrative bodies to an independent judicial body empowered to review both the legality of the nature of the confinement and its underlying justification. Thereafter, detained persons must have the opportunity to appeal these judgements to the highest authority in the State and, after exhaustion of domestic remedies, seek review by regional or universal human rights bodies.12 15. The Special Rapporteur welcomes the implementation by the Danish Parliament of the Directive 2008/115/EF of the European Parliament and the Council on common standards and procedures in Member States for returning third-country nationals illegally staying in member States, which sets an absolute limit to the length of detention of foreigners pending deportation. He expresses concern about the reports indicating that many asylum seekers continue to remain detained in Ellebæk for long periods of time and in excess of the 6-month period prescribed in the EU Directive 2008/115/EF. The Special Rapporteur is concerned that many of those individuals who are victims of trafficking, mentally ill or torture victims, are reportedly subjected to unduly long waiting periods and are allegedly held in solitary confinement. 11 12 A/HRC/18/4/Add.1, 13 September 2011. A/66/2685 August 2011, para. 79. A/66/268, 5 August 2011, para 98. 25 A/HRC/19/61/Add.3 10