CAT/C/32/D/202/2002
Page 13
5.4 On the argument that her allegations do not fulfill the conditions of article 1,
paragraph 1, the complainant submits that the medical evidence, in the form of
statements from several doctors and therapists in the spring of 1998, demonstrates that
she did experience “severe pain and suffering”, within the meaning of this provision.
The serious symptoms experienced by her are said to be commonly found in those
who have been held in solitary confinement. She refers to studies by the Danish NGO
“Isolations-gruppen”, who have lobbied for the abolishment of solitary confinement,
to show that persons held in such confinement are more likely to commit suicide.
Therefore, the State party was aware of the “severe pain and suffering” generally
experienced by those held in solitary confinement, and particularly in the
complainant’s case. Moreover, it was aware that the complainant had three young
children, a fact which would only increase her pain and suffering to be held in solitary
confinement. Ms. Jensen argues that her claim that the State party was aware of the
shortcomings of the legislation governing on solitary confinement for pre-trial
detainees at the time of her remand, is supported by the subsequent change in the
relevant provisions of the Act.
5.5 The complainant agrees that the purpose of the Act is not to obtain confessions or
information, but whether the third requirement of article 1 is fulfilled is not dependent
on the wording or purpose of the legislation but rather its effect in the individual case.
By interrogating the complainant on 4 and 5 June 1998 in the absence of her lawyer,
the Kalundborg Police went beyond what her lawyer had authorised them to question
her on during counsel’s absence. Prior to these interrogations, several doctors and
therapists had documented the complainant’s deteriorating mental state. It is also
alleged that the police investigator tried to force the complainant to confess to being
an accomplice to smuggling of hashish, despite there being no evidence for this.
Against this background, it is submitted that the Kalundborg Police (as a public
authority) used the instrument of solitary confinement to obtain information and
confessions in such a manner required for the purposes of proving a violation of
torture pursuant to article 1.
5.6 The complainant invokes the Committee’s concluding observations on several
State reports to demonstrate that articles 1 and 16 can be interpreted as including a
general prohibition against pre-trial detention in solitary confinement. Thus, in the