Recommendations
(A/HRC/10/44/Add.2)
Situation during visit in 2008
(a) Incorporate a specific
crime of torture in the
criminal law;
Section 157 (a) of the Criminal
Code referred to torture as
aggravating circumstance in
relation to existing crimes and
increased the maximum
penalties for such acts.
Steps taken in previous years
Information received in the reporting
period
Government: the Committee on Criminal
Law (Straffelovrådet) has thoroughly
assessed the need for the adoption of a
specific provision on the crime of torture
in Danish criminal law. The committee did
not recommend this mainly due to the fact
that all acts considered to be covered by
the definition of torture in Art. 1 CAT is
already covered by existing provisions of
Danish criminal law.
The Danish Government is still of the
opinion that the current legislation –
including the specific provision in Section
157 (a) of the Danish Criminal Code to
make torture an aggravating circumstance
in the determination of a penalty for a
violation of the Criminal Code – is a
sufficient and adequate response to the
need to criminalize the crime of torture.
(b) Further reduce the use of
solitary confinement, based
on the unequivocal evidence
of its negative mental health
effects upon detainees
Non-governmental sources: A report from
the Danish Director of Public Prosecutions
[Rigsadvokaten] from October 31 2008
shows that there has been a significant
decrease in the use of solitary confinement
of remand prisoners in 2007 compared to
previous years. The total number of days
remand prisoners were in solitary
confinement was in 2006 13.838 compared
to 7.189 days in 2007. This is a decrease
of 48%.1
Non-governmental sources: There has
been no new legislation concerning
solitary confinement.
The statistics covering 2008 are not
available at the present time.
Anvendelsen af varetægtsfængsling i isolation i 2007, Rigsadvokaten, journal no. RA-2007-120-0037, available in Danish at
http://www.justitsministeriet.dk/fileadmin/downloads/Pressemeddelelser2008/redegoerelse_isolation.pdf (20.08.2009)
49
A/HRC/13/39/Add.6
1
Solitary confinement of remand
prisoners on the basis of a court
decision was used to isolate
suspects during criminal
investigations in pre-trial
detention, whereas
administrative solitary
confinement (reduced or total
exclusion from association with
other detainees) may be
imposed on remand and
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