CAT/C/DNK/CO/6-7
(d)
Abolishing the practice of voluntary exclusion from association and
putting into place mechanisms for the immediate removal and relocation of detainees
who fear for their own safety.
Conditions of detention of minors and women
34.
The Committee notes that very few juvenile offenders are placed in a carceral
environment. It also notes that their best interest and safety prevail when placed with adults,
and due consideration is given to the selection of co-detainees with whom they are in
contact. Moreover, the Committee notes that women are detained in mixed gender prisons
and that protection measures are in place to reduce the risk of abuse and exploitation
(art. 16).
35.
The State party should be attentive that measures in place continue to protect
minors placed with adults, and women in mixed gender prisons, against abuse and
exploitation. The Committee encourages the State party to undertake a study on both
regimes, identifying the advantages and risks, as well as the impact on minors and
women’s reintegration in society after their release from prison.
Separation of convicts and remand prisoners
36.
The Committee is concerned that occasionally convicts serving short sentences are
placed in remand prisons (art. 16).
37.
The State party should cease the practice of placing convicted persons with
pretrial detainees.
Obligation to report torture
38.
The Committee is concerned that medical professionals’ obligation of confidentiality
trumps the need to report torture and ill-treatment uncovered during visits of places of
detention in the State party (art. 12).
39.
The State party should:
(a)
Establish an obligation for medical professionals to report torture and
ill-treatment of individuals deprived of their liberty, and to seek, whenever possible,
victims’ consent for the use or disclosure of such information;
(b)
Put in place adequate channels for directing and handling such reports,
taking into account the utmost importance of ensuring the safety of victims.
Coercive measures in psychiatric institutions
40.
The Committee is concerned at the frequent recourse to coercive measures, often
accompanied by immobilization of patients, in psychiatric institutions, in spite of the fact
that the Psychiatric Act stipulates that they should be used as a last resort (art. 16).
41.
The State party should:
(a)
Ensure that every competent mental health patient, whether voluntary
or involuntary, is fully informed about the treatment to be prescribed, and given the
opportunity to refuse treatment or any other medical intervention. Any derogation
from this fundamental principle should be based upon law;
(b)
Revise and tighten regulations with clear and detailed guidance on the
exceptional circumstances where the use of restraints may be allowed, with a view to
considerably decreasing the recourse thereto in mental health care.
6