CAT/C/32/D/202/2002 Page 8 a Supreme Court judgment of 5 September 2000, a person who had been acquitted in a criminal case filed a claim for compensation for loss of employment and permanent disablement as a consequence of pre-trial detention in solitary confinement, which had caused mental illness.3 In support of the claim, the claimant submitted, inter alia, that he had been subjected to torture contrary to article 3 of the European Convention on Human Rights. The Supreme Court found that the pre-trial detention in solitary confinement was the main cause of the claimant’s mental illness and awarded compensation. 4.6 On the merits, the State party submits that for an act to be characterized as torture,it must fulfill all the conditions of article 1, paragraph 1, of the Convention. It submits that it cannot be inferred from the wording of article 1 that pre-trial detention in solitary confinement would come, in principle, within the definition of “torture” in article 1. Although the Committee’s Concluding Observations on Denmark’s third periodic report notes that the Committee was concerned about the institution of solitary confinement, particularly as a preventive measure during pre-trial detention”, it did not state that pre-trial detention in solitary confinement, in principle, comes within the definition of torture. 4 Nor, indeed, can this be inferred from Committee’s jurisprudence. 4.7 The State party submits that solitary confinement, is not, and in this particular case was not, effected to obtain information or a confession from the complainant, to punish her for an act she committed or was suspected of having committed, to intimidate or coerce her or a third person or for any reason based on discrimination of any kind. Under the current rules, pre-trial detention in solitary confinement presupposes that there are “specific reasons for assuming, in the circumstances of the case, that the person charged will hamper the prosecution of the case, particularly by removing clues or warning or influencing others”, and that “there are specific reasons to assume that the pre-trial detention is not in itself sufficient to prevent the detainee from influencing other persons charged through other inmates or from influencing others by threats or in another similar way”.5 If solitary confinement during pre-trial 3 Danish Law Reports 2000, p. 2385, Supreme Court, U 2000, p. 2385 H. A/52/44 5 Section 762(l)(iii) and 770 a(l)(ii) of the Act, respectively. 4