CAT/C/32/D/202/2002
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possible to borrow newspapers, and books can be ordered from the Kalundborg Public
Library. There are two daily outdoor exercise periods, one in the morning, one in the
afternoon, each for half an hour. It is possible to use a fitness room.
4.11 The State party submits that the complainant was not completely cut off from
contact with other people during her 50-day period of detention in solitary
confinement. She had contact with the prison staff on a daily basis; her parents and
children nine times; a social worker twice; the prison physician/doctor six times; the
emergency service physician twice; and a psychotherapist three times. She could
contact her counsel, a minister of religion or someone from the Prison and Probation
Service. From 29 to 30 May 1998, she was hospitalized at the County Hospital of
Nykøbing, Zealand; she was brought before the District Court three times in
connection with the requests for continued solitary confinement.
4.12 According to the State party, the charge of smuggling against the complainant
was of a particularly aggravated nature. At the hearing on 30 April 1998 charges
against the complainant related to the smuggling of about 1.1 million cigarettes. This
was subsequently extended, and the High Court judgment convicted her of
participation in the smuggling of 6.6 million cigarettes. The investigation was
comprehensive and difficult. Several individuals were involved in the case, including
some who were still at large. For this reason, it was feared that the complainant might
warn or otherwise contact these individuals, thus obstructing the investigation.
Moreover, solitary confinement was terminated as soon as the investigation was over,
i.e. on 18 June 1998, even though the period of her solitary confinement did not
expire until 23 June 1998. During the 50-day period, both the District and High
Courts considered the question of whether the conditions for solitary confinement
were met on six occasions - 30 April, 4, 11, 13, 26 and 28 May 1998. Thus, the State
party argues, the courts continuously struck a balance between the requirements of the
investigation and the needs of the complainant.
4.13 On the issue of the complainant’s mental health, the State party emphasises that
only oral information on her psychological state had been produced before the District
Court when it made its order on 26 May 1998. Prior to this date neither written nor