CAT/C/DNK/CO/6-7
11.
The Committee reiterates its previous recommendation to make torture a
punishable offence per se. Drawing the attention of the State party to general
comment No. 2 (2007) on the implementation of article 2 by States parties, the
Committee recalls that, by naming the offence of torture as distinct from other crimes,
States parties will directly advance the overarching aim of preventing torture and illtreatment by, inter alia, alerting everyone — including perpetrators, victims, and the
public — to the special gravity of the crime of torture; strengthening the deterrent
effect of the prohibition itself; and enhancing the ability of responsible officials to
track the specific crime of torture.
Incorporation of the Convention in domestic law
12.
The Committee appreciates the affirmation by the delegation of the State party that
the Convention is a source of law. Nonetheless, it remains concerned that as the Convention
has not been incorporated in domestic law, it may not be used in courts as a basis for a case.
The Committee also notes that the State party intends to start a process to reconsider the
matter.
13.
The Committee reiterates its previous recommendation to incorporate the
Convention into Danish law so that it can be invoked directly in courts.
Fundamental safeguards
14.
The Committee is concerned at reports, as referred to in the 2014 Report to the
Danish Government on the visit to Denmark carried out by the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT/Inf
(2014) 25), of instances where the fundamental legal safeguards provided for by the State
party’s laws and regulations have not been afforded to individuals from the outset of
deprivation of liberty (art. 2).
15.
The State party should ensure that the fundamental legal safeguards are
diligently respected in all cases upon arrest: the right of individuals to be informed of
their rights, to receive independent legal assistance promptly, to receive medical
assistance, and to contact relatives. The State party should put into place mechanisms
for monitoring and keeping records of compliance with relevant regulations thereon.
Statute of limitations in civil proceedings
16.
The Committee values the fact that, since 2008, there has been no statute of
limitations for torture in the Penal Code. However, it is concerned that, as civil
compensation may be adjudicated independently of criminal proceedings in the State party,
the one-year rule introduced in 2007 on civil claims subsequent to criminal convictions may
not be applicable to all civil proceedings.
17.
Recalling the continuous nature of the effects of torture and that, for many
victims, passage of time does not attenuate the harm, the Committee recommends that
the State party take the necessary legal measures to ensure that civil proceedings
related to torture and ill-treatment are not subject to statutes of limitations, which
could deprive victims of the redress, compensation and rehabilitation due to them, as
referred to in paragraph 40 of the Committee’s general comment No. 3 (2012).
Transfer of detainees in armed operations abroad
18.
The Committee is concerned that the mandate of the Commission of Inquiry on the
Danish participation in the wars in Iraq and Afghanistan – set up, inter alia, to investigate
circumstances of the transfer of prisoners by the Danish contingent of the International
Security Assistance Force to the custody of other States’ forces – was terminated without
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