and even torture, if exceeding 15 days without meaningful human contact.260
Concerns have been raised that detainees held under these circumstances may
confess to crimes they did not commit, just to have the restrictions lifted.
118. In a third Western European OSCE participating State, the Administration of
Justice Act allows the placement of remand prisoners in solitary confinement for
up to eight weeks for adults and four weeks for minors, which was criticized by the
UNCAT in its concluding observations in 2016. It was recommended that the conditions and the length under which solitary confinement during pre-trial detention
is permitted, be further restricted and to limit its duration to 15 days.261 Recently,
the European Committee for the Prevention of Torture found that the country made
efforts to ensure that pre-trial detainees are only placed in solitary confinement in
exceptional circumstances, and recommended that the authorities pursue their
efforts “to ensure that court-ordered isolation of remand prisoners lasts no longer
than is absolutely necessary and to counter the negative effects of this measure.”262
Promising practice
119. Although pre-trial detention is overused throughout the OSCE region, there are
some examples of promising practices that help to reduce its excessive use and
the associated risk of torture. Several OSCE participating States have implemented
substantial reforms to execute relevant judgments of the ECtHR or have adopted
legal reforms, accompanied by practical measures that have led to a clear reduction in the number of pre-trial detainees and considerable improvements in the
treatment of detainees, even though abuses of pre-trial detention continue to occur. 263 It is promising to see that, in several OSCE participating States, the number
of detainees without final sentences makes up a very low percentage of the total
prison population.264
260 UN General Assembly, Sixty-sixth session, Interim report of the Special Rapporteur of the Human
Rights Council on torture and other cruel, inhuman or degrading treatment or punishment,
A/66/268, (August 2011).
261 Committee against Torture, Concluding observations on the combined sixth and seventh periodic
reports of Denmark, CAT/C/DNK/CO/6–7, 4 February 2016, para. 32–33.
262 Report to the Danish Government on the visit to Denmark carried out by the European Committee
for the Prevention of Torture (CPT) from 3–12 April 2019, CPT/Inf (2019)35.
263 PACE Resolution 2077 (2015), Abuse of pre-trial detention in States Parties to the European
Convention on Human Rights, para. 9–10 referring to Poland, Georgia, Russia and Turkey.
264 The Council of Europe Annual Penal Statistics (SPACE I 2013), February 2015: Poland (8.3),
Iceland (8.6), Bulgaria (8.8) and Romania (10.9).
73
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