CAT/C/DNK/CO/6-7
Advertisement placed in foreign newspapers
26.
The Committee notes that advertisements informing, among others, of cuts of
benefits for refugees has been placed in foreign newspapers with a view to discouraging
smuggling and immigration into the State party. The Committee also notes that a review of
the measure by the Parliamentary Ombudsman is under way (art. 3).
27.
The State party should ensure that measures aimed at preventing smuggling
and discouraging immigration should not deflect it from its obligations under article
3. In this regard, it should ensure that such a measure is not construed as dissuasive
by individuals in need of and seeking protection by the State party.
Tolerated stay
28.
While noting that, in accordance with the procedure of tolerated stay, individuals in
danger of being subjected to torture and ill-treatment if deported or expulsed are allowed to
remain in the State party, the Committee is concerned at the regime of control and
limitation of rights to which such individuals are subject, especially as they may be in such
status for long periods of time (arts. 3 and 16).
29.
The State party should introduce more detailed regulation of the conditions
and rights of foreigners on tolerated stay.
Use of pepper spray
30.
While noting that the use of pepper spray is regulated and has diminished, the
Committee is concerned at reports of its still fairly frequent use by the police and in prisons
(art. 16).
31.
The State party should take measures to further restrict the use of pepper
spray, and prohibit its use in confined spaces, on persons with mental disabilities or on
individuals who have been brought under control.
Solitary confinement
32.
While welcoming the significant decline in the use of solitary confinement during
pretrial detention since 2000, the Committee is concerned that the Danish Administration of
Justice Act allows the placement of remand prisoners in solitary confinement for up to eight
weeks for adults and four weeks for minors. The Committee is also concerned at the use of
solitary confinement as a disciplinary measure for convicts, which may be enforced for a
continued period of up to 28 days. Furthermore, the Committee is concerned at the
application of a regime of voluntary exclusion from association for detainees for their own
protection (arts. 2, 11 and 16).
33.
The State party should bring its legislation and practice on solitary
confinement into line with international standards, by:
(a)
in law;
Abolishing solitary confinement of minors and as a disciplinary measure
(b)
Further restricting, in accordance with international standards, the
conditions and the length under which solitary confinement during pretrial detention
is permitted in the interest of criminal investigations;
(c)
15 days;
Limiting the length of permissible solitary confinement to a maximum of
5