CAT/C/DNK/CO/6-7
having made definite conclusions as to whether there had been breaches of international
obligation by the State party not to expose those prisoners to ill-treatment. The Committee
also notes that examination by the Military Prosecution Service is under way with a view to
assessing whether information on the transfer of detainees in Iraq can form the basis of
criminal investigation (arts. 3 and 10).
19.
The State party should ensure that (a) investigations on the transfer of
prisoners to the custody of other States’ forces in its military operations abroad are
undertaken to completion by an independent body, and made public; and (b) if a
violation of article 3 of the Convention is established, those responsible are
appropriately prosecuted and victims are entitled to obtain redress.
Deportation of vulnerable individuals
20.
The Committee is concerned that a minor, accompanied by his adult brother, was
deported from Denmark to Afghanistan in December 2014 after the brothers’ request for
asylum had failed, without any measure of protection, and that the minor was reported
killed upon return to his country of origin (arts. 3 and 10).
21.
The State party should put into place mechanisms to monitor the situation of
vulnerable individuals and groups in receiving countries after their deportation, even
in cases where return is voluntary, and act upon reports of torture and ill-treatment,
including for the purpose of informing its asylum policies.
Screening of and assistance to asylum seekers who are victims of torture
22.
The Committee is concerned at the lack of a regular mechanism for the identification
of victims of torture throughout the asylum process. Moreover, the Committee is concerned
that intake procedures at the Ellebæk Prison for Asylum Seekers and Others Deprived of
their Liberty (Ellebæk Prison), where decisions on fitness of asylum seekers for detention
and identification of victims of torture are made by a nurse, are inadequate. It is also
concerned at the lack of a system for handling victims of torture upon their identification
during administrative detention (arts. 3, 13 and 14).
23.
The State party should (a) put into place procedures for the systematic
screening and medical examination of alleged torture victims by qualified personnel
throughout the asylum process, including at reception centres and places of detention
such as the Ellebæk Prison; and (b) ensure that victims of torture are not held in
places of deprivation of liberty and have prompt access to rehabilitation services.
Detention of asylum seekers
24.
The Committee regrets that the State party considers prison-like structural layout
and fixtures at the Ellebæk Prison as necessary for security reasons. The Committee also
finds excessive the total length of detention of asylum seekers of 18 months authorized by
article 37 of the Aliens Act. (arts. 11 and 16).
25.
The State party should:
(a)
Reduce the length of administrative detention of asylum seekers
authorized under the Aliens Act for as short a period as possible, bearing in mind that
detention should be used as a measure of last resort;
(b)
Ensure that facilities accommodating asylum seekers are appropriate for
their status and situations, especially as some of them may be victims of torture or illtreatment. As such, the State party should alter layout and fixtures so as to change the
carceral appearance of facilities hosting asylum seekers.
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