CAT/C/32/D/202/2002
Page 5
County Hospital of Nykøbing, Zealand forwarded his opinion on the complainant’s
mental health, concluding that “the only proper treatment would be to unite [the
complainant] with her children as soon as possible, either with her parents or in one of
the institutions of the Prison and Probation Service, and to give her adequate
psychotherapeutic help in this environment”. On 14 July 1998, this report was
produced before the District Court, which decided to extend the complainant’s pretrial detention but also decided, with her consent, that she be placed in alternative
detention at the Lyng Halfway House of the Prison and Probation Service, together
with her three children. She was transferred there on 17 July 1998 and remained in
this facility until her trial on 29 October 1998.
2.8 On 30 April 2001, the complainant’s representative, Professor Bent Sørensen, an
expert in the field of torture identification and research, wrote to the Director of
Public Prosecutions (thereinafter “the DPP”) requesting an investigation into the
possibility that the complainant had been subjected to psychological torture by virtue
of her detention in solitary confinement. On 14 August 2001, the DPP responded that
he found no basis for initiating such an investigation as, in his opinion, “there is no
basis for believing that the pre-trial detention in solitary confinement was effected for
the purpose of obtaining information or a confession from the person charged or a
third party, making it an act of torture as defined in the Convention against Torture.”
Despite two further subsequent requests to initiate an investigation, the DDP refused
to reconsider his decision.
The complaint:
3.1 Ms. Jensen claims that the State party violated articles 1, paragraph 1, and 16 of
the Convention, by subjecting her to psychological torture and acts of cruel, inhuman
or degrading treatment or punishment, by detaining her in solitary confinement from
29 April to 18 June 1998, despite medical evidence demonstrating its adverse effect
on her mental health.
3.2 The complainant contends that the State party violated article 12 of the
Convention, as the DPP failed to carry out a prompt and impartial investigation into
the allegations of psychological torture, as requested by her representative.