the proportionality test used by the courts in deciding on detention in solitary confinement. Complainant’s comments 5.1By submission of 13 October 2003, the complainant submits that an application for leave to appeal to the Board of Appeal is a mere theoretical possibility. The records of the Board show that in 1996 (when it was established) and 1999 no grants for leave to appeal were made in cases concerning pre-trial detention and solitary confinement; for leave to appeal to be granted, it is necessary to prove exceptional circumstances, such as youth or prior mental problems. Moreover, the few cases concerning remand in solitary confinement in which leave to appeal to the Supreme Court was granted, are unlikely to be overturned. Thus, the complainant argues, exhaustion of domestic remedies is not necessary, as “it is established that the application of domestic remedies … would be unreasonably prolonged or would be unlikely to bring effective relief to the presumed victim”.i 5.2The complainant argues that in her merits response below, it is demonstrated that the violation of her rights is not solely attributable to the Danish judiciary but also to the prison authorities and the Kalundborg police, for failure to secure her removal from solitary confinement, when, as early as 15 May 1998, medical experts did document the devastating psychological harm she had suffered through solitary confinement. Furthermore, it is within the remit of the DPP to initiate investigations of local police districts, such as the Kalundborg police. 5.3On the argument that she should have sought compensation, the complainant submits that her purpose in submitting a complaint to the Committee is not to seek compensation, but to establish that the State party violated her rights under the Convention. Denmark is a “dualist” State, which chose not to incorporate the Convention into Danish law. Consequently, the Danish courts have no power to hear complaints brought by individuals based on the provisions of the Convention. A complaint before the Danish courts seeking to establish a violation of her Convention rights would have been futile, thus rendering a compensation claim under section 1018 a (2) an ineffective remedy for an alleged violation of the Convention. The complainant also notes that the Danish courts have consistently refused to acknowledge that illness during police custody can entail violations of the Convention and article 3 of the European Human Rights Convention. 5.4On the argument that her allegations do not fulfil 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 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. 5.5The 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 authorized 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. 5.6The 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 concluding observations on the fourth periodic report of Denmark, the Committee stated that: “… (c) The State party should continue to monitor the effects of solitary confinement on detainees and the effects of the new bill, which has reduced the number of grounds that can give rise to solitary confinement and its length.”j It is clear from the Committee’s concluding observations that solitary confinement, particularly in cases of pre-trial detention, is considered to have extremely serious mental and psychological consequences for the detainee; States parties are encouraged to abolish the practice. Although abolition is preferable, the concluding observations of the Committee reveal that solitary confinement should be applied only in exceptional cases and not for prolonged periods of time. 5.7The complainant refers to other review bodies to demonstrate the harmful effects of such confinement, including the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (the “CPT”) which has produced several reports focusing on this issue. In the CPT’s report to the Danish Government following its visit to Denmark from 28 January to 4 February 2002, it stated, inter alia, that “Solitary confinement can, in certain circumstances, amount to inhuman and degrading treatment; in any event, all forms of solitary confinement should be as short as possible.” The Human Rights Committee, which has considered the issue of solitary confinement in the examination of individual complaints, country reports and general comments, has expressed its concern about its practice. Upon consideration of Denmark’s fourth period report, it noted, inter alia, “that solitary confinement is a harsh penalty with serious psychological consequences and is justifiable only in cases of urgent need; the use of solitary confinement other than in exceptional circumstances and for limited periods is inconsistent with article 10, paragraph 1, of the Covenant. Denmark should reconsider the practice of solitary confinement and ensure that it is used only in cases of urgent necessity.”k 5.8The complainant also invokes the case law of the European Court of Human Rights in particular to the judgement, in the case of McGlinchey and Others v. United Kingdom,l in which the Court found that article 3 “provides that the State must ensure that a person is detained in conditions which are compatible with respect for her human dignity, that the manner and method of the