Retsudvalget 2019-20
REU Alm.del Bilag 177
Offentligt
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United Nations
CAT
/C/DNK//8
Distr.: General
Original: English
English, French and Spanish only
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Committee against Torture
Consideration of reports submitted by States
parties under article 19 of the Convention pursuant
to the optional reporting procedure
Eight periodic report of States parties due in 2019
Denmark
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I. Introduction
1.
Pursuant to article 19 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, the Danish Government is pleased to hereby submit its
eight periodic report. Denmark is using the optional reporting procedure adopted by the
Committee against Torture at its thirty-eighth session. Prior to the submission of this eight
periodic report, the Committee against Torture provided the Danish Government with a list
of issues adopted by the Committee at its sixty-third session (CAT/C/DNK/Q/8). The list of
issues contains 36 paragraphs, comprising a series of questions with regard to the
implementation of the Convention. This report replies to those questions.
II. Replies to the issues raised in the Committee’s list of issues
Articles 1 and 4 of the Convention
Reply to the issues raised in paragraph 1 of the list of issues
2.
Reference is made to the replies to the issues raised in paragraphs 3, 9 and 20 of the
list of issues.
Reply to the issues raised in paragraph 2 of the list of issues
3.
The Government maintains that the current Danish legislation is a sufficient and
adequate implementation of the obligation to criminalize the crime of torture. Reference is
made to the Government’s reply to paragraph 2 of the list of issues in Denmark’s sixth and
seventh periodic reports.
Article 2
Reply to the issues raised in paragraph 3 of the list of issues
4.
The Government notes that the Rapporteur for Follow-up to Concluding
Observations, on behalf of the Committee, questioned how incorporation of the Convention
in Danish law entails a risk that power is shifted from the legislature to the courts. Therefore,
the Government wishes to elaborate on its position below.
5.
Generally, ensuring compliance with conventions entails a choice between different
concrete implementation measures. Even conventions containing relatively self-executing
provisions require in-depth interpretation and detailed implementation efforts when
transposing the rights and principles enshrined in said conventions into national law systems.
When a convention is incorporated in national law, as opposed to ensuring that national law
is in accordance with the convention, there is a risk that detailed implementation is left to the
courts, whereby political choices are removed from the democratically elected legislature.
6.
This position has been subject to thorough political debate and deliberations in two
expert committees that in 2001 and 2014 delivered in-depth reports on the issue.
7.
However, the choice of non-incorporation merely reflects a choice of the means to
ensuring Convention compliance, and the Government reiterates its firm commitment to
ensuring the compliance of Danish law with the Convention. Furthermore, the Government
observes that Danish courts, although the Convention is not incorporated in Danish law, do
consider and attach weight to the provisions of the Convention.
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8.
Firstly, in Denmark, the law is applied in accordance with the international
conventions that Denmark has acceded to. In cases where there is doubt as to the proper
interpretation of a national a rule, the courts and other authorities interpret the national rules
in such a way as to avoid conflict with Denmark’s international obligations (the so-called
“interpretation-rule”). Also,
the courts and other authorities presume as a general rule that
the legislature did not intend to act in contravention of Denmark's international obligations.
Accordingly, the courts and the authorities must as far as possible apply national rules in a
way that avoids violating international obligations (the so-called
“presumption-rule”).
9.
Secondly, conventions that are not incorporated into Danish law can be and are
invoked before Danish courts. Recent examples, where the Convention (CAT) has been
invoked and explicitly considered by Danish courts, include, inter alia, the following
decisions and judgments:
Supreme Court decision of 26 May 2011, case no. 365/2010, regarding the
submission of evidence possibly obtained through torture committed abroad.
Supreme Court decision of 24 October 2014, case no. 86/2014, regarding, inter alia,
the conformity of the dismissal of a case with Denmark’s human rights obligations,
including those enshrined in the Convention.
High Court of Eastern Denmark judgment of 22 August 2016, case no. B-3448-14,
regarding Danish statutes of limitation as interpreted in light of, inter alia, the
Convention.
10.
These decisions and judgments have not been translated but copies in Danish can be
submitted upon request.
Reply to the issues raised in paragraph 4 of the list of issues
11.
Pursuant to paragraph 1(2) of Circular no. 9155 of 18 March 2010, persons detained
by the police must be informed of their rights as set out in the Circular, e.g. access to a lawyer
and the informing of relatives or others about the arrest. The information must be given in a
language the detainee can understand, and an information sheet must be provided at the police
station. The information sheet is available in Danish, English, German, French, Spanish,
Turkish, Arabic, Lithuanian, Polish, Bulgarian, Romanian and Somali. If the detainee does
not understand any of these languages, the police must ensure that the information is given
in a comprehensible way without undue delay
–
for instance by summoning an interpreter.
In exceptional cases where it is not possible to inform the detainee of the rights before his/her
release, e.g. because an interpreter is not available, the information sheet should be handed
out in English.
12.
As regards the right to notify a relative or any other person, it is stated in paragraph
2(2) of Circular no. 9155 that the police without undue delay must give the detainee the
opportunity to inform his closest relatives or other relevant persons about the arrest. However,
pursuant to paragraph 2(3), the detainee can be denied this right temporarily or definitively,
if, due to the specific circumstances of the case, information about the arrest in itself may
compromise the investigation. If the detainee is denied this right, the police must, as a general
rule, notify his/her relatives or other relevant persons, if the detainee so wishes, cf. paragraph
2(4). However, the police may refrain from doing so, if, due to the circumstances of the case,
there are specific reasons to presume that information about the arrest in itself would interfere
with the investigation of the case and refraining from notifying is crucial for reasons of the
investigation.
13.
Regarding the right to have access to a lawyer, it follows from paragraph 3(1) of
Circular no. 9155 that the police without undue delay must allow the detainee to contact a
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lawyer who meets the requirements for representing the defendant in the case, cf. chapter 66
of the Administration of Justice Act (retsplejeloven).
14.
As regards the right to request and receive an examination by an independent medical
doctor in full confidentiality, it follows from paragraph 4(1) that the police, without undue
delay, must transport the detainee to a hospital, summon a doctor to the police station or allow
the detainee to contact a doctor, if the detainee requires medical attention. Pursuant to
paragraph 4(3), the examination should, to the extent possible, be conducted in full
confidentiality without the presence of the police, if the detainee so requires and if deemed
safe.
15.
Observance of the above-mentioned safeguards must be recorded in, for example, the
arrest report or protocol, cf. paragraph 1(3), 2(6), 3(5) and 4(4).
16.
In addition, there are specific standards for the treatment of intoxicated detainees in
Administrative Order no. 988 of 6 October 2004 and The National Police regulation no. 55
of 10 March 2016. Pursuant to Administrative Order no. 988, section 9 (1) and regulation no.
55, section 13 (1), an intoxicated detainee must always receive an examination by a medical
doctor before he/she is definitively placed in the detention cell. In addition, the police must
inform an intoxicated detainee of the right to contact his/her relatives and/or employer, cf.
Administrative Order no. 988, section 7 (1) and regulation no. 55, section 9 (1). Pursuant to
regulation no. 55, section 4, the police must complete a detention report with information
about - inter alia - observance of the above-mentioned safeguards. The report must be stored
at the police station for at least two years, cf. regulation no. 55, section 28.
Reply to the issues raised in paragraph 5 of the list of issues
17.
The Ombudsman’s activities and
achievements are reflected in the annual and
thematic reports from the Ombudsman. In the reports one can find the information concerning
activities and achievements with respect to the prevention of torture and ill-treatment for the
period 2014 to 2018, including briefs on the ombudsman’s meetings with representatives
from the authorities and representatives from civil society. Please find reference hereto in the
enclosed annex 1.
18.
The reports also contain data on all visits to places of detention carried out by the
National Preventive Mechanism (The Parliamentary Ombudsman in cooperation with
DIGNITY
–
Danish Institute Against Torture and The Institute for Human Rights) during the
period and the recommendation to the institutions. The data in the reports concerns adults
(the Ombudsman´s Monitoring Division) and children (the Ombudsman´s Children´s
Division).
19.
During the period, the Ombudsman has carried out 50-60 visits (including forced
return inspections) in average per year. Almost all visits have resulted in recommendations
from the ombudsman. The following major achievements could be mentioned:
Adults
20.
Within the Prison and Probation Service’s institutions, the Ombudsman in cooperation
with DIGNITY have made many recommendations concerning the health-care service. Thus,
the Prison and Probation Service has been recommended a more general change in the way
the health-care service is organized. This recommendation has been given in order to improve
among other things the continuity and the quality of the treatment. The Prison and Probation
Service is now considering such changes.
21. With the aim of creating a better framework for a more uniform and efficient health
service for inmates in the institutions of the Prison and Probation Service, the Prison and
Probation Service has initiated a pilot project on the health service in the Prison and Probation
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Service in Southern Denmark. The pilot project proposes to set up a medical unit under the
Prison and Probation Service in Southern Denmark with one consultant doctor and two
doctors. The unit is planned to be located in Nyborg State Prison, from where the doctors in
the unit together with the nurses in the area's other prisons and remand prisons will be
responsible for the health care management of all the area's institutions. The pilot project
must be able to be implemented in the other three areas of the Prison and Probation Service
if the model is found suitable for this purpose.
22.
Within the areas of the Mental Health Care System, the Police, and the Prison and
Probation Service the Ombudsman’s visits have led to a number of recommendations
concerning the documentation and reporting on
–
especially the reasons for - the use of
fixation, the use of physical force and the use of isolation. The Police’s reports concerning
forced deportations and the use of force have improved considerably and within the Mental
Health Care System and Prison and Probation Service the personnel have received further
instructions and courses on satisfactorily reporting.
Children
23.
In 2016, Parliament passed the Act on Adult Responsibly for children and young
persons at a placement facility. The Act (Voksenansvarsloven) is to a great extent based on
recommendations from the Committee on the Use of Force Towards Children and Young
Persons at Placement Facilities. The Committee was set up following monitoring visits by
the Ombudsman in which he raised questions about the rules on the use for force.
24.
During monitoring visits in recent years, the Ombudsman has continuously focused
on the teaching provided for children and young people placed outside their home, e.g. in
local and state prisons or in-house schools for children and young persons at placement
facilities. The ombudsman has raised a number of questions with the relevant authorities,
which, for instance, has led to the introduction of new rules, which ensures that young people
serving time are offered schooling, which bears comparison with that provided in primary
and secondary schools.
25.
As important results of the activities, the Ombudsman produces thematic reports every
year. Please also find reference hereto in the enclosed annex 1.
Material, human and budgetary resources allocated to the NPM work
26.
15 persons (overhead not included) working for the Ombudsman are on a daily basis
involved in the NPM work, which equals approximately nine full-time persons. The NPM
budget is not a separate budget, but part of the Ombudsman´s budget. The Ombudsman´s
annual budget was raised by Parliament as of 2009 when the NPM work began. DIGNITY
–
Danish Institute Against Torture contributes to the NPM work with approximately one full-
time medical doctor and the Institute for Human Rights contributes with approximately 0.6
full-time human rights expert.
Reply to the issues raised in paragraph 6 of the list of issues
27.
Denmark has had five national action plans on intimate partner violence since 2002.
The current action plan to combat psychological and physical violence in close relationships
covers the period 2019-2022. DKK 101 m was allocated to the plan, which has 18 initiatives
under the heading of three focus areas:
Prevention and recognition of psychological violence, including awareness raising
targeting women and men and specifically children and young women and men.
This focus is in line with the Government’s bill on introducing a separate section
concerning psychological violence in the criminal code.
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Further strengthening of ambulatory counselling and treatment programs for female
and male victims of physical and psychological violence in intimate relations.
Increased knowledge gathering, including a nationwide study of the prevalence of
physical and psychological violence in intimate relation disaggregated by sex.
28.
The new action plan also allocates permanent funding for the Danish Stalking Center
and strengthens measures to combat digital violence.
29.
In March 2019, the Danish Parliament adopted a bill on psychological violence in
close relations (family etc.), which entered into force on 1 April 2019. The act amends the
Criminal Code by introducing a new separate section on psychological violence in close
relations. Civil society has played an important role in the preparatory legislative process. In
April 2019, the Danish National Police issued a set of guidelines to the police districts on
cases regarding psychological violence (Rigspolitiets retningslinjer for politiets behandling
af sager om psykisk vold). Furthermore, police officers receive training in various “Risk
Assessment Tools”, which are, among other things, used to assess the risk of recurrent
psychological violence. Reference is made to section 39.
30.
Furthermore, a number of initiatives aimed at strengthening efforts against stalking
have been initiated. In March 2016, the Ministry of Justice and the Ministry of Children,
Education and Gender Equality presented the package of initiatives “Stop Stalking”, which
contains seven initiatives and has the purpose of strengthening police efforts against stalking,
improving help and counseling for persons exposed to stalking and strengthening the
knowledge about stalking among professionals and the general population. As part of the
implementation of “Stop Stalking”, the regulation on stalking was amended with effect as of
1 January 2017, by which the police were given the possibility of imposing a temporary
restraining order.
31.
In addition to the national action plan, the Parliament agreed to launch the initiative
“Collective effort to end violence in intimate relations” (Samlet
indsats mod vold i nære
relationer)
in 2017.
32.
The initiative has three focus areas:
Funding for the Mother's Aid counselling and treatment programs for victims of
domestic violence.
Funding for Dialogue against Violence's treatment programs for perpetrators of
domestic violence.
Establishment of a national unit against violence in intimate relations. The purpose
of the new unit, which started functioning in 2017, is to establish a collective and
inclusive approach to violence in intimate relations. The unit runs a national hotline;
offers counselling to men and women exposed to domestic violence and provide
information on the different kinds of violence in intimate relations, including both
psychological and physical violence. The unit has adopted the name
Lev Uden Vold
(Live Without Violence).
Please also provide updated information on the protection and support services available
to victims of all forms of violence against women that involve actions or omissions of the
State authorities. Has the State party taken steps to ensure the availability of an adequate
number of shelters for women and children subject to domestic violence?
33.
The action plans and the collective effort against violence in intimate relations do not
stand-alone, but complement the extensive nationwide support system. Every municipal
council has a legal obligation to provide temporary accommodation for women who have
experienced violence, threats of violence or any similar crisis in relation to family or marital
status. Women may be accompanied by children and receive care and support during their
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stay. Women staying at women’s shelters receive introductory
and coordinated counseling,
and the municipal council must offer psychological treatment to children accompanying their
mother at the shelter.
34.
Table 1
below shows that the number of women’s shelters has increased during the
past 5 years.
Table 1
–
Number of
Women’s
Shelters in Denmark 2015-2019
Year
Number of women’s shelters
2015
38
2016
38
2017
41
2018
46
2019
52
Note: Status by end of February.
Source: Data from the national database on social service institutions ”Tilbudsportalen”
Please include statistical data, disaggregated by the age and ethnicity or nationality of the
victims, on the number of complaints, investigations, prosecutions, convictions and
sentences recorded in cases of gender-based violence since the consideration of the
previous periodic report of Denmark.
35.
According to the Director of Public Prosecutions and the National Police Service, it
is not possible to provide statistical data, disaggregated by the age and ethnicity or nationality
of the victims, on the number of complaints, investigations, prosecutions, convictions and
sentences recorded in cases of gender-based violence. It would require going through all
cases of violence manually to provide such statistical data.
Please provide up-to-date information on the measures taken to strengthen training
programmes for law enforcement officers aimed at raising awareness about domestic and
sexual violence.
36.
Training aimed at raising awareness about domestic and sexual violence is an
important part of the basic education of the police.
37.
During their first 11 months at the Danish Police Academy, students are trained in the
handling of victims as the students study a case of violence and a case of (street) robbery.
Through the cases the students are trained
in the police officer’s special obligations regarding
domestic violence as mentioned in the Director of Public Prosecutions’
notice on domestic
violence. Further, the students are introduced to the Act on Restraining Orders and Dismissals
under which the police may ban an offender from contacting a victim and have an offender
expelled from the residence.
38.
Additionally, as part of their training in patrol services, police students are trained in
the operational part and the following criminal proceedings, as well as in the special
obligations of the police with regard to guidance of victims in cases on domestic violence.
39.
During the last part of police student’s
basic education, training
of the students takes
place both as a theoretical reflection on violence as a phenomenon and at the case processing
level with the following learning objectives for the students:
To handle criminal proceedings on sexual matters in a necessary, proportionate and
professionally responsible manner.
To handle rape cases in a professionally responsible manner, and to take
responsibility for guiding and advising rape victims and victims of other crimes, and
to involve other authorities and bodies who can provide further guidance and
support for the victim.
40.
Further, police officers are offered training in
“Risk
Assessment Tools”. The purpose
of this course is to ensure that all police districts have employees who are certified users of
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the risk assessment tools SARA, SV, SAM and PATRIARK, which are used to assess the
risk of recurrent stalking, acute violence and very serious/fatal violence in domestic-related
cases, as well as
stalking and crimes of “honor”.
41.
Relevant police officers are also offered education in handling cases on assaults,
including sexual assaults against children. The purpose of this training is to ensure the
relevant level of competence in the investigative units that are involved in the handling of
cases of abuse against children under the age of 15, some cases of abuse against young person
up to the age of 18 and cases of abuse against adults with permanent disabilities.
Reply to the issues raised in paragraph 7 of the list of issues
42.
In the period 2015-2018, 409 persons were identified as victims of human trafficking
in Denmark.
Table 2 - Number of persons identified as victims of human
trafficking disaggregated by year
140
121
120
100
80
60
40
20
0
2015
2016
2017
2018
93
98
97
43.
Of the 409 victims of human trafficking, 28 victims were under the age of 18 years
and 381 victims were over the age of 18 at the time of identification with an age range from
1 year to 58 years.
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Table 3 - Number of persons identified as victims of human
trafficking disaggregated by age and year
140
120
100
80
60
40
20
0
Over the age of 18
Under the age of 18
2015
87
6
2016
112
9
2017
95
3
2018
87
10
44.
Of the 409 victims of human trafficking, 286 victims were female; 118 victims were
male and five were transgendered.
Table 4 - Number of persons identified as victims of human
trafficking disaggregated by gender and year
140
120
100
80
60
40
20
0
Transgendered
Male
Female
2015
0
42
51
2016
0
7
114
2017
4
8
86
2018
1
61
35
45.
The 409 victims of human trafficking originated from 44 different countries. The
number of victims from each country range from one victim to 217 victims. Nigerians
constitute more than 50 pct. of the victims.
46.
Six countries (including Nigeria) have 10 victims or more in total. All together, these
six countries make up 83 pct. of the total number of victims in the period 2015-2018. 38
countries have five or less victims in total and make up less than 10 pct. of the total number
of victims in the period 2015-2018. For statistical data on complaints, charges, prosecutions
and sentences in cases of trafficking in persons in the period 2014-2019, please see the
enclosed annex 2, table 1.
47.
Section 262 a of the Criminal Code criminalizes human trafficking and provides for a
penalty of imprisonment for a term not exceeding ten years. For statistical data regarding
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number of persons prosecuted and convicted for violation of section 262a, please see annex
2, table 2.
Please also provide information on:
(a)
Any new legislation or measures that have been adopted to prevent, combat or
criminalize trafficking in persons;
48.
The fifth national action plan to combat trafficking in human beings was adopted in
2018 and covers 2019-2021.
1
This action plan builds on and develops previous efforts and
ensures that Denmark continues to live up to international conventions. The budget of the
action plan is 63 million DKK.
49.
The objectives of the Action Plan are to
Build confidence in and knowledge about the possibilities for support and assistance
for victims and potential victims of human trafficking
Provide information on human trafficking in relevant communities and build
knowledge and awareness about human trafficking and thereby prevent and reduce
demand.
Prevent human trafficking through training relevant players and through knowledge
and information.
Identify victims of human trafficking in order to offer assistance, support and
prepared repatriation.
Offer prepared repatriation and reintegration to foreign nationals who are victims of
trafficking, and who must or want to leave Denmark, to help them to a life without
human trafficking.
Investigate and prosecute traffickers to help curb human trafficking.
Cooperate and coordinate to contribute to flexible, targeted and effective efforts
against human trafficking.
Provide knowledge about human trafficking to strengthen efforts and limit demand
for the services provided by victims.
Cooperate internationally to ensure exchange of experience and help maintain focus
on human trafficking on the international agenda.
(b)
The measures adopted to ensure that victims of trafficking have access to
effective remedies and reparation;
50.
Guidelines on how the police forces and the prosecution service should deal with cases
of trafficking in persons appear in the Director of Public Prosecutions’ set of instructions on
human trafficking. Section 2.5 of the notice includes guidelines on how to treat victims of
trafficking. The notice is continuously amended in accordance with development in the area.
51.
According to the Administration of Justice Act, section 741(b), the police must inform
a potential victim of trafficking of his/her right to legal representation. The legal
representative may assist the victim during questioning and in connection with the victim’s
claim for compensation if relevant. According to the Administration of Justice Act chapter
89, the police must also inform the victim about the right to claim for compensation during
the criminal case.
1
The action plan is available in English: http://um.dk/~/media/UM/Danish-
site/Documents/Ligestilling/Publikationer/2018/153843%20Handlingsplan%20til%20bekmpelse%20
af%20menneskehandel%20UK.pdf?la=da
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52.
Section 2.5.2 in the notice from the Director of Public Prosecutions prescribes that the
police must inform the victim on the rules regarding appointment of legal assistance (legal
advocate). The legal advocate may assist the victim during questioning and in connection
with the calculation of a claim for compensation where relevant.
53.
In the Director of Public Prosecutions’
notice
on guidance of the injured party, general
guidelines are issued to the prosecution service and the police on how to inform victims about
support services and the legal measures available to them, such as appointment of legal
advocate. The prosecutor has to inform and guide the victim about the case. The information
and guidance should be given regularly and should include information about the court case,
witness rights and duty, getting help throughout the process and the possibility of getting a
legal advocate.
54.
In addition hereto, the police contacts the Danish Centre against Human Trafficking
if they encounter a potential victim of human trafficking. Depending on the circumstances of
the case, the Centre against Human Trafficking carries out counselling to the victim,
including about the victim’s
access to effective remedies.
55.
Further, a victim of human trafficking can be assigned a contact person within the
police, if the police considers that the victim in question might have to testify in court. The
contact person will often be a police officer who will provide gives guidance and information
on the legal process.
56.
According to the current Action Plan to Combat Trafficking in Human Beings 2019-
2022, the Prosecution Service will continue to focus on the handling of cases of trafficking
in human beings by discussing the subject in the academic networks for personal and
organized crime, where all police districts and the State prosecutors are represented.
57.
The Director of Public Prosecution is currently producing written information
material targeted the Danish Centre against Human Trafficking and relevant NGOs about the
course of a criminal case and about the victim’s rights in that regard.
58.
In addition to that, it is noted that the Director of Public Prosecutions is continuously
updating the database on convictions for human trafficking so that the prosecutors working
on such cases will have knowledge of the development of legal practice and precedence on
this area. The database is public and available at the homepage of the Prosecution Service.
(c)
The measures taken to ensure that non-custodial accommodation is provided,
with full access to appropriate medical and psychological support, for potential victims
of trafficking while identification processes are carried out;
59.
To ensure a holistic and harmonized support, The Danish Centre against Human
Trafficking, which is part of the National Board of Social Services, coordinates the support
to victims and potential victims of trafficking in Denmark.
60.
During the identification process, potential victims can be accommodated if needed.
During the identification, potential victims are also offered access to medical treatment,
psychological assistance, legal and social counselling and information according to their
individual needs.
61.
Financed through the Government’s National Action Plan, both NGOs and private
operators provide accommodation. In some cases, victims can also be accommodated in the
asylum system. Two shelters are reserved for trafficked women.
62.
To ensure support for potential victims, outreach is carried out by the Danish Centre
against Human Trafficking and the NGO’s that hold
a contract under the National Action
Plan. Outreach takes place in massage parlours, on the street, with persons who do escort and
private/discrete prostitution, in asylum centres, in prisons and other places where potential
victims of trafficking might be found.
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63.
In Copenhagen, a counselling centre and health clinic for foreign women in
prostitution is established, and in Aarhus, there is a health clinic, which assists potential
victims of trafficking.
64.
The Danish Centre against Human Trafficking provides accommodation for potential
victims of trafficking while identification processes are carried out when possible and
appropriate in relation to the needs and security of the individual potential victim.
(d)
The signature of agreements with countries concerned to prevent and combat
trafficking in persons.
65.
List of multilateral agreements signed and ratified by Denmark (in chronological
order):
ILO Convention No. 29 on Forced Labour of 28 June 1930 and the Protocol thereto
Protocol P29 of 2014
Universal declaration of human rights of 10 December 1948 (prohibition against
slavery)
Convention for the Suppression of the Traffic in Persons and of the Exploitation of
the Prostitution of Others of 2 December 1949
European Convention on Human Rights of 4 November 1950 (prohibition against
slavery and forced labour)
ILO Convention No. 105 on Abolition of Forced Labour of 25 June 1957
International Covenant on Civil and Political Rights of 16 December 1966
(prohibition against slavery)
The Convention on the Elimination of All Forms of Discrimination against Women
of 18 December 1979 (prohibition against slavery)
Convention on the Rights of the Child of 20 November 1989 (prohibition against
slavery)
ILO Convention No. 182 on Worst Forms of Child Labour of 17 June 1999
Convention against Transnational Organized Crime of 15 November 2000 and the
Protocols thereto, Protocol to Prevent, Suppress and Punish Trafficking in Persons,
especially Women and Children and Protocol against the Smuggling of Migrants by
Land, Sea and Air
The Council of Europe Convention on Action against Trafficking in Human Beings
of 3 May 2005
Charter of Fundamental Rights of the European Union of 2 October 2000 (prohibition
against forced labour)
66.
Directive 2011/36/EU of the European Parliament and the Council of 5 April 2011 on
preventing and combating trafficking in human beings and protecting its victims (replacing
Council Framework Decision 2002/629/JHA) are covered by the Danish opt-out on EU
justice and home affairs. However, Denmark has passed Act no. 275 of 27 March 2012
amending the Criminal Code in accordance with the EU Directive.
67.
To the knowledge of the Government, no bilateral agreements on trafficking in human
beings have been signed by Denmark.
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Article 3
Reply to the issues raised in paragraph 8 of the list of issues
68.
Denmark has implemented the principle of non-refoulement directly in the Aliens Act,
section 31. The principle is also found in the Aliens Act, section 7, which determines that an
alien will be granted asylum if he or she is in risk of being subject to torture or cruel, inhuman
or degrading treatment or punishment, if returned to the country of origin.
69.
If a claim for asylum is rejected by the Immigration Service it is automatically
appealed to the Refugee Appeals Board. The merits of an asylum claim will therefore be
examined twice to ensure that an asylum seeker is not returned to a country or territory where
he/she risks being exposed to human rights violation, including torture and cruel, inhuman
or degrading treatment or punishment in accordance with the principle of non-refoulement.
70.
An alien will be referred to reside in Denmark on tolerated stay if the alien is excluded
from obtaining a residence permit, or if the alien has lost his or hers already obtained
residence permit on the grounds of crime etc., but meets the conditions for asylum, and
therefore cannot be returned to the country of origin due to the principle of non-refoulement.
The alien can stay in Denmark on tolerated stay until the Refugee Appeals Board approves
that the alien’s rights according to the principle of non-refoulement
are no longer in danger
of being violated.
71.
If an alien is facing expulsion or return due to a decision made by the Immigration
Service, the decision will contain information about how to appeal the decision to the
Immigration Appeals Board.
72.
If an alien argues reasons for staying in Denmark that are related to asylum the
Immigration Service will guide the individual accordingly. If a decision from the
Immigration Service sets a time limit for departure, the Immigration Appeals Board will
decide whether there are special circumstances, which allows the person to stay in Denmark
while the case is being processed by the board. An appeal does not automatically have a
suspensive effect. That is decided on a case-by-case basis.
73.
If the police after an individual assessment of a specific case have reason to believe
that the alien wants to apply for asylum, he/she will be referred to the relevant authority and
instructed about how to apply for asylum.
74.
Throughout the asylum procedure at the Immigration Service and the Refugee
Appeals Board it is ensured that either oral or written interpretation is provided.
75.
If an alien receives a rejection of his/her claim for asylum from the Immigration
Service, the alien will be designated a lawyer free of charge to assist the alien with the appeal
before the Refugee Appeals Board.
76.
If an alien receives a rejection from the Immigration Service stating that the
application has been considered manifestly unfounded, the application will be given to the
Refugee Council for review in order to determine whether the Refugee Council agrees with
the decision made by the Immigration Service.
77.
If the Refugee Council disagrees with the Immigration Service the case will be
rejected in the normal procedure and automatically appealed to the Refugee Appeals Board.
78.
If the Refugee Council agrees with the decision made by the Immigration Service, the
Refugee Council offers legal guidance to the alien. Legal guidance is also available for other
aliens who have had their application for asylum rejected and aliens who have had their case
treated in accordance with the Dublin Regulation (Regulation No. 604/2013) in which the
criteria and mechanisms are established for determining the Member State responsible for
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examining an application for international protection lodged in one of the Member States by
a third-country national or a stateless person.
Reply to the issues raised in paragraph 9 of the list of issues
Number of asylum applications
79.
For the individual figures for the 10 largest nationalities as well as total number of
asylum applications lodged in Denmark (gross application figure) in the period 1 January
2015-31 August 2019, please see the enclosed annex 3, table 1.
Number of residence permits
80.
For the individual figures for the 10 largest nationalities as well as total number of
residence permits regarding refugee status or other protection status in Denmark in the period
from 1 January 2015 to 31 March 2019, please see the enclosed annex 3, table 2.
Number of applications concerning victims of torture
81.
The Immigration Service’s
case processing system
does not have structured data on
asylum seekers’ grounds for applying for asylum, which is a prerequisite for providing the
statistics requested. A manual examination of all asylum cases would be required in order to
provide such information. Therefore, it is not possible to provide the requested statistics.
Rejected Asylum Seekers
82.
It is noted
that the police and immigration authorities’ statistics are derived on the
basis of registrations made in the electronic case and document handling system. They are
not designed as actual statistical systems and therefore, there is some degree of uncertainty
attached to the figures provided. Further, it is noted that post-registrations can occur which
might not be reflected in the present figures.
83.
Rejected asylum seekers, who were returned the most in 2018, had the following
nationalities: Iraqi, Afghani, Georgian, Iranian and Albanian.
84.
For the individual figures for returns of these five nationalities and disaggregated on
escorted, non-escorted and voluntary returns in the years 2015-2018 and for the first quarter
of 2019, please see enclosed annex 3, table 3-7.
85.
Rejected asylum seekers are most commonly returned to the country in which they
have citizenship. In 2018, 87% of the rejected asylum seekers were returned to the country
in which they have citizenship. Other countries to which rejected asylum seekers are returned
to are countries in which they have legal stay.
86.
It is noted that the figures above is subject to some uncertainty as the information is
based on a case management document, which is not intended for statistical use.
Reply to the issues raised in paragraph 10 of the list of issues
87.
Reference is made to the Government’s
reply to
the Committee’s previous concluding
observations paragraph 23 provided on 9 December 2016 (CAT/C/DNK/CO/6-7/Add.1). The
procedures described herein are unchanged.
88.
The Special Rapporteur for Follow-up
to Concluding Observations’
follow-up letter
of 10 May 2018 gives cause to the following elaboration of the procedure regarding asylum
seekers who claim to be victims of torture.
89.
Most asylum seekers are accommodated in asylum centres. If an asylum seeker's
health conditions require so, the operator of the asylum centre can contact the Immigration
Service with a request that the asylum case is accelerated for that reason. Asylum seekers
who are accommodated elsewhere may also submit such a request to the Immigration
Service. If the responsible case officer at the Immigration Service considers the request
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grounded, he or she must then ensure that the asylum case is processed as soon as possible.
If the application for asylum is rejected by the Immigration Service and thereby automatically
appealed to the Refugee Appeals Board, the Board is also requested to prioritize the case on
the grounds of health reasons.
90.
The above-mentioned procedure was also applicable in 2016, but was not described
in details in
the Government’s reply of 9 December 2016.
91.
Throughout the entire asylum procedure, asylum seekers have access to medical staff.
92.
In cases where torture is invoked as one of the grounds for asylum, the immigration
authorities can initiate a medical examination of the asylum seeker to identify whether the
asylum seeker is a victim of torture before deciding on the application for asylum.
93.
A medical examination to assess for signs of torture will be conducted if of
significance to the decision regarding the application for asylum, decision hereof to be based
on a specific and individual assessment of the circumstances of the case.
Reply to the issues raised in paragraph 11 of the list of issues
Extradition cases
94.
According to the Extradition Act (udleveringsloven) section 6 (2) and section 10 (h)
(2) a person shall not be extradited if there is a risk, that the person will suffer torture or other
inhuman or degrading treatment or punishment after extradition. The provisions are based on
the European Convention on Human Rights article 3, and obliges the Director of Public
Prosecutions to make an assessment of the possible conditions, for example prison
conditions, that the person will be subject to after extradition.
95.
In the period 10 December 2015-31 May 2016, Denmark has not extradited any
persons on the basis of the acceptance of diplomatic assurances or the equivalent thereof
regarding prison conditions.
96.
Unfortunately, for technical reasons, it has not been possible to recover information
regarding the period 1 June 2016-31 January 2017.
97.
In the period 1 February 2017-16 May 2019, Denmark has extradited 33 persons on
the basis of the acceptance of diplomatic assurances or the equivalent thereof regarding
prison conditions.
98.
Denmark has not been asked to offer diplomatic guarantees in regards to torture or ill
treatment for the purpose of extraditing a person to Denmark.
99.
If it is deemed necessary on the basis of a concrete assessment, Denmark ensures that
the Danish authorities have unrestricted access to persons who have been extradited on the
bases of the acceptance of diplomatic assurances or the equivalent thereof.
Expulsion cases:
100. It is noted, that Denmark has deported one individual to Morocco, who had been
expelled. The person in question argued that he would risk treatment contrary to article 2 and
3 of The European Convention of Human Rights in Morocco. The Government did not find
that he was in risk of such treatment. The person in question brought the case before The
European Court of Human Rights. The court dismissed the case as manifestly ill-founded,
see app. 74411/16.
Articles 5–9
Reply to the issues raised in paragraph 12 of the list of issues
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101. In 2002, the Ministry of Justice decided to set up a Jurisdiction Committee
(Justitsministeriets Jurisdiktionsudvalg) with the task of evaluating the provisions on
jurisdiction in the Criminal Code (straffeloven). As part of the task the Committee assessed
whether the legislation on jurisdiction in force at the time should be amended as consequence
of international development. Based on the Committee’s report No. 1488/2007 from June
2007 the regulation on jurisdiction was among others amended by Act no. 490 of 17 June
2008.
102. As regards to article 5 (1) (a) in the Convention against Torture the existing legislation
comprised all offences committed in any territory under Danish jurisdiction or on board a
ship or aircraft registered in Denmark, and Act no. 490 of 17 June 2008 only contained minor
adjustments, which were primarily made for linguistical reasons.
103. As regards to article 5 (1) (b) the existing legislation established jurisdiction over
offences committed by a person who is a Danish national or is resident in Denmark. By Act
no. 490 of 17 June 2008 the existing regulation was expanded so jurisdiction could be
established even if a person is not a Danish national or resident in Denmark, if the person
instead has a similar permanent residence in Denmark.
104. As regards to article 5 (1) (c) the existing legislation only established jurisdiction due
to a crime committed outside another state’s jurisdiction against a Danish national or a person
who is resident in Denmark, if the acts committed could entail imprisonment for a period of
4 months or longer. This provision was also included in Act no. 490 of 17 June 2008.
However, by Act no. 490 of 17 June 2008 it was included that jurisdiction could also be
established, when a crime is committed within another state’s jurisdiction
against either a
Danish national, a person who is resident in Denmark or a person who has a similar
permanent residence in Denmark, provided that the crime committed is also punishable by
law in the state, where the crime was committed, if the crime can be punished with
imprisonment for a period of at least 6 years, and the crime committed is either intentional
homicide, gross violence, deprivation of liberty, robbery, an offence dangerous to the public,
a sexual offence, incest or female circumcision.
105. As regards to article 5 (2) the existing legislation established jurisdiction
irrespectively of the home country of the offender, where extradition for the purpose of
prosecution in another country of a person provisionally charged is refused, and the act,
provided that it was committed within the territory of another state, is a criminal offence
under the legislation of the country in which the act was committed, and the act may carry a
sentence under Danish legislation of at least one year in prison. Act no. 490 of 17 June 2008
only contained minor adjustments, which were primarily made for linguistical reasons.
106. Please, find below a list of extradition treaties and agreements concluded between
Denmark and other nations:
Council Framework Decision of 13 June 2002 on the European Arrest Warrant
and the Surrender Procedures between Member States.
European Convention on Extradition of 13 December 1957.
Agreement on Extradition between the United States of America and the
European Union signed 23 June 2003 as to the application of the Treaty on
Extradition between the United States of America and the Kingdom of Denmark
signed 22 June 1972.
Treaty on Extradition between the Kingdom of Denmark and Canada of 30
November 1977.
Convention on surrender on the basis of criminal offences between the Nordic
countries of 15 December 2005 (the Nordic Arrest Warrant).
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107. The Danish Criminal Code does not contain a separate offence of torture. However,
the current provisions of the Criminal Code meet the purpose of a provision on the crime of
torture as they underline the seriousness and gross nature of acts that are committed by the
use of torture. Add to this that the current provisions mean that the character of the specific
crime will be clearly reflected in connection with the criminal case.
108.
Thus, instead of being convicted of the general crime of “torture”, which is a wide
concept, the perpetrator will be convicted in accordance with the relevant specific provision
with reference to the fact that the criminal act was committed by the use of torture (for
example,
“assault
of a particularly dangerous nature by the use of
torture” or “confinement
by the use of torture”). Reference is made to the Government’s reply to paragraph 2 of the
list of issues.
109. Therefore, it is possible to extradite a person for using torture if the general conditions
for extradition are fulfilled.
Reply to the issues raised in paragraph 13 of the list of issues
110. In the periods 10 December 2015-31 May 2016 and 1 February 2017-29 May 2019,
Denmark has not rejected extradition of individuals suspected of having committed torture.
111. Unfortunately, for technical reasons, it has not been possible to recover information
regarding the period 1 June 2016-31 January 2017.
Reply to the issues raised in paragraph 14 of the list of issues
112. Please, find below a list of the mutual assistance treaties and agreements concluded
between Denmark and other nations:
The European Convention on Mutual Legal Assistance in Criminal Matters of 20
April 1959.
First Additional Protocol of 17 March 1978 to the European Convention on Mutual
Legal Assistance in Criminal Matters of 20 April 1959.
Second Additional Protocol of 8 November 2001 to the European Convention on
Mutual Legal Assistance in Criminal Matters of 20 April 1959.
The European Convention on the Transfer of Proceedings in Criminal Matters of 15
May 1972.
The Nordic Agreement on Mutual Legal Assistance of 26 April 1974.
United Nations Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances of 20 December 1988.
The European Convention on Laundering, Search, Seizure and Confiscation of the
Proceeds from Crime of 8 November 1990.
Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the
Member States of the European Union.
Protocol of 16 November 2001 to the Convention of 29 May 2000 on Mutual
Assistance in Criminal Matters between the Member States of the European Union.
The Schengen Agreement of 19 June 1990.
Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in
the European Union of orders freezing property or evidence.
The European Convention on Cybercrime of 23 November 2001.
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The Additional Protocol to the European Convention on Cybercrime, concerning
the Criminalization of Acts of a Racist and Xenophobic Nature committed through
Computer Systems of 28 January 2003.
Agreement between the Government of the Hong Kong Special Administrative
Region of the People’s Republic of China and the
government of the Kingdom of
Denmark concerning mutual legal assistance in criminal matters of 23 December
2004.
Legal Assistance Agreement of 23 June 2005 concluded by Denmark and the United
States of America.
113. It has not been possible to draw statistics that provide information on whether or not
mutual legal assistance based on treaties or agreements have in practice led to the transfer of
any evidence in connection with prosecutions concerning torture and ill-treatment.
Article 10
Reply to the issues raised in paragraph 15 of the list of issues
114. During training of police officers at the Police Academy basic human rights including
the provisions of the Convention against Torture are addressed.
115. A police officer is employed as an official and must therefore comply with Section 10
of the Staff Regulations, which states that the official must conscientiously ”comply with the
rules governing his position, both in and out of service, worthy of the respect and trust, as the
job requires.”
116. The Police Basic Training program qualifies the student to exercise the executive
power in society in a professional, ethical and responsible manner, in accordance with the
laws and regulations applicable to the exercise of police authority and the requirements for
the quality of police work, in respect of the democratic rules of national law as well as
applicable conventions, including the Convention against Torture.
117. From the beginning of the training, the student is introduced to the purpose, tasks and
methods of the police work, and is made aware of the special responsibilities and duties of
the police profession. The student must, among other things, gain knowledge of the rules for,
and become aware of, the special responsibility associated with the exercise of police power
and the use of force. After completing the course, the student should be able to handle police
powers and means of power in a responsible, situational, professional and ethical way, in
which all citizens are treated with dignity and respect and according to national law and
applicable conventions.
118. The Police Academy has included DIGNITY
–
Danish Institute Against Torture and
the Institute for Human Rights in the development of teaching materials for the police basic
education in order to ensure engagement of relevant organizations.
119. Students are regularly tested during their education both through exams and through
practical exercises.
120. In addition to providing students with basic police training to act in an ethically correct
and sound manner, students are continuously evaluated during their education on both their
personal competences and their overall understanding. This includes evaluation on their
ability to verbally and nonverbally communicate in a respectful manner, and whether the
police student is fundamentally "a proper person" who understands the social role of the
police and respects the ethical and moral responsibility it entails.
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121. The basic police training in conjunction with the continuous training of police officers
ensures that police officers are made fully aware of the provisions of the Convention against
Torture and know that breaches will not be tolerated and will be investigated, and that any
offenders will be prosecuted.
122. The National Police has not developed a specific methodology to assess the
effectiveness of training and educational programs in reducing the number of cases of torture
and ill-treatment.
123. Torture and ill-treatment committed by police officers will be investigated by the
Independent Police Complaints Authority. The Independent Police Complaints Authority is
charged with investigating criminal offences committed by police personnel while on duty
and handling complaints concerning the conduct of police personnel, as well as investigating
cases concerning the death or injury of persons in police custody. The Independent Police
Complaints Authority is an autonomous government agency, which
–
in accordance with
section 118a and 118b of the Administration of Justice Act
–
is independent of the police,
prosecution service and the Ministry of Justice.
124. The prison staff (prison officers, prison overseers and prison transport officers)
receives education in the provisions of the Convention against Torture, including information
about the prohibition of degrading treatment and torture of inmates. The prison staff also
receives education about human rights in general, the European Prison Rules and the
Programme of Principles for Prison and Probation Work in Denmark, which among others
contains ethical guidelines.
125. The prison staff is specifically educated in identifying torture and degrading ill-
treatment of inmates, and they are informed about recent and historical international cases of
torture, including the consequences for the inmates. In addition, in several occasions during
the prison staff’s education, it is stressed that the use of torture and other degrading ill-
treatment is strictly prohibited.
126. The Prison and Probation Service uses a case based teaching method regarding these
topics. Based on practical experiences, the prison staff composes their own cases and identify,
analyse and discuss the ethical dilemmas. Each module of the prison staff’s education is
evaluated subsequently.
127. The Prison and Probation Service has not developed a methodology to assess the
effectiveness of the educational programme.
128. Border guards carry out border control, which requires highly specialized skills.
Border control is primarily performed by police officers supported by specially trained
civilians. The civilians are not allowed to detain, search or conduct interviews of those
detained.
129. The police officers have two different levels of education about border control. Both
levels add to the knowledge acquired during basic training at the police academy. The course
is separated in first line work and second line work as defined in the Schengen Common Core
Curriculum. The classes in first line work has a duration of one week as part of which three
hours focuses on human rights and vulnerable groups. Police officers can only attend classes
in second line work after attending classes and passing the exam on first line work. Second
line work classes has a duration of two weeks as part of which further three hours focuses on
human rights and vulnerable groups. The course is concluded by an examination.
130. Civilian border guards attend a training program lasting nine weeks. Seven weeks on
site and two weeks at the police academy. Hereof two hours are dedicated to the topic of
human rights and vulnerable groups. The subjects are revisited throughout the course, due to
their importance. These subjects form a major part of the exam.
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131. Both police officers and civilians have to pass the exams concluding the mandatory
courses. The exams include both a written test, which includes human rights and vulnerable
groups, a practical test on site, which also concerns the subjects in question, as well as an
overall screening of conduct. All these requirements must be met in order to conduct border
control.
132. Beyond the national measures ensuring high standards for all border guards, all
member states of Frontex are subject to unannounced monitoring from the international
Frontex office.
133. The basic training at the police academy together with the continuous training of
police officers after finishing the police academy, ensures that police officers and border
guards are made fully aware of the provisions of the Convention and are aware that breaches
will not be tolerated, will be investigated and that any offenders will be prosecuted.
134. Regarding educational programmes for prosecutors, reference is made to the
Government’s reply to paragraph 16 of the list of issue.
Reply to the issues raised in paragraph 16 of the list of issues
135. The Higher Education Institutions in Denmark are self-governing institutions. The
Ministry of Higher Education and Science lay down the overall regulations for the institutions
(admission, structure of studies, awarding of degrees etc). The individual institutions draw
up and update their study programmes, which indicate the aims, scope, duration, form and
contents of the individual courses, as well as prepares the syllabus.
136. The education programmes for medicine students requires, that the students must
obtain knowledge of the Convention Against Torture and the medical aspect of torture. The
postgraduate medical education and training program in forensic medicine describes
specifically requirements for obtaining skills in examining victims of torture. Competences
on identification of torture lesions, examination of victims and knowledge about the
obligation to report is achieved during training. Nurses are trained to observe and identify
phenomena associated with reactions to psychological problems and suffering.
137. Furthermore, the partly state funded NGO, DIGNITY - Danish Institute Against
Torture (DIGNITY) works on developing and communicating knowledge on health related
consequences of torture. Moreover, health professional experts work on developing health
professional capacity at partner organisations around the world. In Denmark, medical
students are taught about torture as part of the course ‘Clinical Social Medicine’ at the
University of Copenhagen, and each semester a small group of medical students have clinical
training at DIGNITY as part of the course. A small number of physiotherapists and
psychotherapists are able to do internships within DIGNITY’s rehabilitation department and
thereby gain knowledge on torture.
138. With regard to the education of prosecutors, the Director of Public Prosecutions offers
almost 50 courses which covers mandatory training for all newly hired prosecutor trainees
and optional courses for all prosecutors. There is no course specifically on the sequelae of
torture or on the Istanbul Protocol. However, international legislative obligations and human
rights issues are an important part of the content in all courses. All relevant courses
implement the latest jurisprudence regarding human rights and other international legislative
topics. For instance, the course ”Expulsion of foreigners” educates prosecutors on aliens on
tolerated stay, who are excluded from obtaining a residence permit or who has lost their
already obtained residence permit on the grounds of crime etc., but meets the conditions for
asylum, and therefore cannot be returned to the country of origin due to the principle of non-
refoulement.
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139. Similarly, with regard to judges, no special training focusing on the Istanbul Protocol
alone is offered at present. Human rights conventions and the Istanbul Protocol will normally
be incorporated as a topic in courses and training programs when relevant. For example, in
the two day training on the rules regarding expulsion of foreigners that have committed
criminal offences, the Istanbul Protocol is included as a topic. Additionally, the Court
Administration offers international training on the subject through international partners.
Article 11
Reply to the issues raised in paragraph 17 of the list of issues
140. As of 4 April 2016, the National Police has extended the reporting scheme regarding
administrative deprivations of liberty. Hereunder, the police districts are required to report
administrative deprivations of liberty performed under sections 5, 8 and 9 of the Act on Police
Activities (politiloven) where the police district, the National Police or the courts have
subsequently found that the conditions for administrative deprivation of liberty have not been
met. An annual report on the matter is drafted by the National Police and forwarded to the
Ministry of Justice and the Parliament.
141. As of 1 April 2019, the National Police has issued a new action card regarding
reporting on deaths and serious suicide attempts while in police custody which has expanded
the reporting obligation. The reporting scheme includes all deaths and serious suicide
attempts that have occurred while the individuals were in police custody, i.e. detentions or
administrative deprivations of liberty, which are reported to the Ministry of Justice, the Public
Prosecutor and the National Police. Subsequently, the Ministry of Justice notifies the
Parliamentary Ombudsman.
142. As regards psychiatric institutions,
reference is made to the Government’s reply to
paragraph 25 of the list of issues.
Reply to the issues raised in paragraph 18 of the list of issues
143. For statistical data regarding remand and convicted prisoners and occupancy rate,
please see the enclosed annex 4, table 1-7.
144. The Danish Health Data Authority is responsible for a number of databases
concerning treatment in the healthcare system. From The Registry of Coercive Measures in
Psychiatric Treatment (TIP) and The National Patient Register (LPR) The Danish Health
Data Authority has calculated the average number of persons admitted to psychiatric ward
by court order, the average number of persons in mental health detention in 2015-2017, and
all persons admitted to any psychiatric ward or mental health detention. Reference is made
to the enclosed annex 4, table 8-10.
Reply to the issues raised in paragraph 19 of the list of issues
145. In order to remand a suspect, the person in question must be older than the minimum
age of criminal liability of 15 years, according to the Criminal Code (straffeloven), Section
15, cf. the Administration of Justice Act, Section 755 (1).
146. However, if the suspect is younger than 18 years, the person may often be subject to
the general rule that less intrusive measures than remand shall be used, if the purpose of
remanding can be met through such measures, cf. the Administration of Justice Act, Section
765.
147. Minors younger than 15 years old cannot be remanded in custody, but can be withheld
by the police provided that the general requirements for remand are fulfilled and the purpose
of the withholding cannot be met by less intrusive measures, cf. the Administration of Justice
Act, Section 821 a (1).
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148. Minors are generally placed in special wards. The Prison and Probation Service has
three institutions with special wards for minors: A ward for minors in an open prison, a ward
primarily for minors in a closed prison and a section for underage remand prisoners in a larger
remand prison. Minors can also be placed in ordinary wards together with adult inmates, but
it must be done in a ward where being in company with the other inmates is considered to be
in accordance with the minor's interests, and with consideration of protecting the minor
against unfortunate influence.
149.
There are currently four state prisons that accommodate women in Denmark.
150. In three of the state prisons, if the conditions allow, women can choose to serve their
sentence separated from male inmates. Furthermore, in some of the state prisons, it is possible
for women to choose employment in locations where there are no male inmates.
151. From the multi-annual budget agreement for the Prison and Probation Service for the
period 2018–2021, it follows that the Prison and Probation Service must establish an actual
women’s prison to increase women's safety in relation to harassment and abuse from male
inmates and to make it possible to provide activities and employment tailored to female
inmates. The Prison and Probation Service is currently adapting Jyderup Fængsel, which has
been designated as the future women's prison, to this purpose.
152. Female inmates in Greenland are either placed in the open section of the prison
institution in Ilulissat or the open section of the prison institution in Nuuk. In Ilulissat, female
inmates are placed separately from male inmates. In Nuuk, the female inmates are placed in
the same section as male inmates, but are separated from male inmates to the greatest extent
possible. Female remand prisoners from all over Greenland are placed in Nuuk, separately
from male remand prisoners.
153. The Prison and Probation Service in Greenland has initiated the drafting of guidelines
for staff on the handling of female inmates, including guidelines for the separation of female
and male inmates.
Reply to the issues raised in paragraph 20 of the list of issues
154. Reference is made
to the Government’s reply to the Committee’s previous concluding
observations paragraph 37 provided on 9 December 2016 (CAT/C/DNK/CO/6-7/Add.1).
From this it follows that according to national law, convicted prisoners are, as a main rule,
placed in state prisons, whereas remand prisoners are placed in remand prisons or in separate
units in state prisons.
155. In certain circumstances, however, a convict may be placed in a remand prison
together with remand prisoners.
156. Thus, a convict may serve a short-term sentence in a remand prison if deemed
necessary in view of the overall utilisation of the places in the institutions of the Prison and
Probation Service. Otherwise, there would be a risk of overcrowding in certain prisons.
Furthermore, a convict may be placed in a remand prison for individual reasons, for instance
in order to protect the convict from assault, to prevent escape, for medical reasons or for
compelling personal reasons.
157. As regards the risk of subjecting remand prisoners to negative influence from
convicted prisoners, a convict placed in a remand prison may take part in joint activities with
remand prisoners, but such joint activities take place under supervision of the staff or in the
presence of staff members, if deemed necessary for reasons of order or security.
158.
Furthermore, each inmate has a private cell, where he or she is imprisoned at night.
159. The living conditions in both state prisons and remand prisons are subject to control
by the National Prevention Mechanism (the Parliamentary Ombudsman) who carries out
inspections in the institutions.
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160.
The Government notes that the remarks made in paragraph 33 of the Government’s
reply to the Committee’s previous concluding observations, regarding special units for
certain groups of inmates, e.g. members of organized criminal groups are no longer relevant
as such units no longer exist.
161. Regarding the separation of juveniles from adults in all places of detention, reference
is made
to the Government’s reply to paragraph 19 above.
162.
As regards contact with the outside world, remand prisoners’ and convicted prisoners’
access to visits, exchange of letters and phone conversations are regulated in the
Administrative Order on Detention (varetægtsbekendtgørelsen), Sections 40–76, and the
Criminal Enforcement Act (straffuldbyrdelsesloven), Sections 51–57, respectively.
163. The major difference between the rights of remand prisoners and convicted prisoners
is the rules on letter and visitation control, cf. the Administration of Justice Act, Sections
771–772, which applies only to remand prisoners.
164. According to Section 771 (1), a remand prisoner can receive visits to the extent
allowed to maintain order and security in the remand prison. The police may, in the interest
of ensuring the purpose of the remand custody, oppose that a remand prisoner receives a
visitor, or the police may demand that a visit takes place under supervision.
165. According to Section 772 (1), a remand prisoner has the right to receive and send
letters. The police may look through the letters before the remand prisoner receives or sends
the letters. The police must deliver or send the letters as soon as possible, unless the content
could be damaging to an investigation or to the maintenance of order and security in the
remand prison. However, according to Section 772 (2), a remand prisoner has the right to
communicate with the courts, his or her attorney, the Minister of Justice, the director of the
Danish Prison and Probation Service and the Parliamentary Ombudsman without any
supervision by the police.
166. As regard statistics concerning letter and visitation control, please see the enclosed
annex 5, table 1-2.
167. Similarly, the police may, to ensure the purpose of the remand custody, oppose that a
remand prisoner has phone conversations.
168.
Any measure regarding letter and visitation control is subject to judicial control.
169. In order to limit the use of solitary confinement, particularly during pretrial detention,
new rules concerning solitary confinement entered into force on 1 January 2007 (Act No.
1561 of 20 December 2006 amending provisions in the Administration of Justice Act).
170. The Administration of Justice Act provides strict rules for the use of solitary
confinement with regard to remand prisoners. As a general principle in Section 770, remand
prisoners are only subject to the restrictions necessary to ensure the purpose of the remand in
custody or the maintenance of order and security in the remand prison. Sections 770a, 770b
and 770c set out the conditions for the use of solitary confinement as regards remand
prisoners as well as the duration thereof. Furthermore, Section 770 b stipulates that solitary
confinement may only be used during remand in custody when the aim of the solitary
confinement cannot be attained by less invasive measures, when the solitary confinement is
not disproportionate to the importance of the case and the expected legal ramifications if the
defendant is convicted, and the investigation of the suspected criminal offence is carried out
with the speed which is required in such cases. Furthermore, according to Section 767 and
770d, the court must continuously review the basis for remand in custody and solitary
confinement.
171.
Reference is made to Denmark’s combined sixth and seventh periodic report
paragraphs 60-67.
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172. Concerning data on the use of solitary confinement with regard to remand prisoners,
the Director of Public Prosecution has informed that 37 remand prisoners were put in solitary
confinement by court order in 2016 (average length 26 days), whereas the number was 17 in
2017 (average length 11 days) and 14 in 2018 (average length 14 days). For comparison, in
2001, just before the Prosecution Service launched its initiative to reduce the use of solitary
confinement, the number was 553. Concerning remand prisoners under the age of 18, one
person under the age of 18 (17 yrs.) was placed in solitary confinement for 13 days in 2017.
In 2018 no remand prisoners under the age of 18 was placed in solitary confinement.
Consequently, the data shows that the use of solitary confinement of remand prisoners has
been reduced considerably, both regarding the number of persons and the average length of
the confinement. Denmark continues to keep the use of solitary confinement under close
review, in particular on the basis of the annual reports from the Director of Public Prosecution.
173. According to the Criminal Enforcement Act, Section 67 (1), the Prison and Probation
Service is allowed to use disciplinary punishment, including solitary confinement, against
convicted inmates who commit certain breaches of the law or disciplinary offences.
174. Solitary confinement includes penalty cell, cf. the Criminal Enforcement Act, Section
68 (1), which in regards to convicted prisoners can be imposed for a period of no longer than
four weeks, cf. the Criminal Enforcement Act, Section 70 (1), first sentence. If the convicted
prisoner is under the age of 18, the maximum period is seven days, unless the case concerns
violence against staff in the institution, cf. the Criminal Enforcement Act Section 70 (1),
second sentence, which was introduced in Act no. 1541 of 18 December 2018.
175. The Government will consider the need for an amendment of the disciplinary
punishment system as part of the implementation of the multi-annual budget agreement for
the Prison and Probation Service for the period 2018–2021.
176. For statistical data regarding the number of instances of solitary confinement,
including unconditional penalty cell and exclusion from community, disaggregated by year
and length of time, please see the enclosed annex 5, table 3-4. It is noted that the statistical
data regarding 2018 and 2019 are preliminary.
177. Inmates must be offered the same health treatment as the rest of the population. It is
the duty of the Prison and Probation Service to ensure that inmates who need psychiatric or
psychological support and help receive the relevant treatment.
178. The state prisons and remand prisons have affiliated psychiatrists. Some state prisons
also have affiliated psychologists. Treatment may also take place at a hospital or at a
specialised doctor.
179. Some of the convicted inmates may serve their sentence in Anstalten ved
Herstedvester, which has full-time psychiatrists and psychologists employed.
180. If a convicted inmate suffers from an actual mental illness (psychosis), the person
must be transferred to a hospital or another applicable treatment institution as soon as possible.
181. If a convicted inmate does not suffer from a mental illness, but another psychiatric
disorder requiring treatment, the person in question may in special cases be allowed to serve
their sentence in an institution outside of the Prison and Probation Service, cf. the Criminal
Enforcement Act, Section 78.
182. In addition, the Prison and Probation Service has launched a screening system for 15–
17-year-olds who are to be placed in an institution under the Prison and Probation Service.
The system entails that the minors are screened for potential psychiatric disorders.
183. Finally, it should be noted that the Danish healthcare system is based on consent. If
an inmate, who is assessed as being able to make his or her own decisions, does not wish to
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receive psychiatric or psychological treatment, this treatment may not be forced on said
inmate.
Reply to the issues raised in paragraph 21 of the list of issues
184. For statistical data on the number of instances of violence and threats of violence
committed by inmates against other inmates, please see the enclosed annex 6, table 1.
185.
The Government is not in possession of statistical information on cases “involving
possible negligence on the part of prison personnel, the number of complaints made in this
regard and their outcome”, but it should be noted that the inmates can complain about the
prison personnel to the areas under the Prison and Probation Service. The areas’ decision
can
be appealed to the Department of the Prison and Probation Service. The Government is not
aware of cases of this nature within the Department of the Prison and Probation Service.
186. As regards measures for the prevention of violence between inmates, it should be
noted that the Prison and Probation Service continually works on reducing the amount of
episodes of violence between inmates, inter alia, through systematic safety assessments of all
inmates to ensure the safest and most appropriate placement of each inmate.
187. The episodes in the individual institutions are analysed, and any potential learning is
extracted and used. There is zero tolerance towards inmates who exhibit violent behaviour,
and violent behaviour will, inter alia, be sanctioned by disciplinary punishment, transfer to
another institution or the filing of a police report.
Reply to the issues raised in paragraph 22 of the list of issues
188. As regards statistical data concerning deaths in custody, reference is made to the
enclosed annex 7, table 1-2.
189. The areas under the Prison and Probation Service supervise the institutions on
handling of instances of, among others, death, suicide and suicide attempts which pertain to
an inmate in the Prison and Probation Service’s custody.
190. When a case is concluded in an area belonging to the Prison and Probation Service, it
is forwarded to the Parliamentary Ombudsman, who reviews the case.
191. The rules on the handling of the above mentioned cases follows from Circular no.
9916 of 14 July 2015 on the Prison and Probation Service’s areas’ treatment and reporting of
incidents concerning deaths, suicides, qualified suicide attempts and other qualified self-
harming acts and other suicidal or self-harming behaviour among inmates in the Prison and
Probations Service’s custody. Further, the Prison and Probation Service has on 9 January
2018 sent an instruction to all prison staff on how to observe inmates who are deemed as
being at certain risk of exposing themselves to danger. The instruction pertains to prison
wardens and other supervisory staff and concerns observation of inmates who are deemed to
be at a certain risk of exposing themselves to lethal danger, but where the staff has not found
cause to transfer the client to an observation cell or solitary confinement.
192. According to the Administration of Justice Act, Section 1020 (2), the Independent
Police Complaints Authority (Den
Uafhængige Politiklagemyndighed)
examines all deaths
or serious injuries which follow as a consequence of police intervention or while the
individual is in police custody. During the period from January 2014 until May 2019, the
Independent Police Compliant Authority has reviewed 28 cases involving deaths under
Section 1020 a (2). Of the 28 cases, six cases involve deaths in police detention. Please find
data on the 28 cases involving deaths, disaggregated by place, age, gender and nationality
enclosed in annex 7, table 3.
193. None of the cases above led to criminal charges being raised against police officers
following investigations. Unfortunately, it is not possible to provide statistical data on
potential compensation in these cases.
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Reply to the issues raised in paragraph 23 of the list of issues
194. The use of pepper spray by prison staff is regulated in the Criminal Enforcement Act,
Section 62, Administration Order no. 296 of 28 March 2017 On the Use of Force Towards
Inmates in the Institutions Belonging to the Prison and Probation Service
(magtanvendelsesbekendtgørelsen) and Letter no. 9315 of 30 March 2017 On the
Administration Order on the Use of Force Towards Inmates in the Institutions Belonging to
the Prison and Probation Service.
195. Here it is stated, inter alia, that (1) use of force may not be carried out if it would be a
disproportionate intervention according to the purpose of the intervention and the violation
and discomfort which the intervention may be assumed to cause; (2) use of force must be as
gentle as the circumstances allow; (3) before pepper spray is used the inmate must, to the
extent possible, be informed that pepper spray will be used if the staff’s instructions are not
followed; (4) it should be ensured, to the extent possible, that the inmate is able to follow the
instructions; (5) as a general rule, pepper spray should not be used in a closed room if other
and less intrusive means of force can be used and are sufficient; (6) after the use of pepper
spray, the inmate must be offered appropriate remediation of the nuisances caused by the use
of pepper spray.
196. Furthermore, the Prison and Probation Service has by Letter of 3 November 2014 and
orally on 21 May 2015 emphasized to the institutions that staff must be cautious with their
use of pepper spray in closed rooms and given general information on the use of pepper spray,
including the principle of least intrusive measures with regard to the use of force.
197.
The wardens’ option to carry
pepper spray as part of their usual equipment has been
clarified in Act No. 203 of 28 February 2017. The legislative amendment created a legal base
allowing the Minister for Justice to determine that wardens in closed prisons, in closed
remand prisons and in remand prisons may carry pepper spray as part of their usual
equipment, cf. Letter No. 9315 of 30 March 2017.
198. By Act no. 1722 of 27 December 2016, the Parliament adopted an amendment to the
Act on Police Activities regarding the use of pepper spray by police staff. The purpose of the
amendment was to put the already existing rules into statutory form. Generally, the Act on
Police Activities stipulates that police officers may use pepper spray only if necessary and
justified, and only by such means and to such an extend as is reasonable with regards to the
interest which the police are seeking to protect. In the specific assessment the number of
persons involved and their physics and state of mind must, inter alia, be taken into account.
In addition, the police must exercise particular restraint with the use of pepper spray on
handcuffed individuals.
199. Furthermore, pursuant to the Act on Police Activities, Section 20 a, the police must,
to the extent possible, warn a person of the intention of using pepper spray before the person
is exposed hereto. In addition, the person exposed to pepper spray shall immediately receive
medical attention if needed.
200. The National Police continuously monitor the use of pepper spray by police staff and
has noted that the use of pepper spray has declined over the last years.
Reply to the issues raised in paragraph 24 of the list of issue
In the light of the previous concluding observations (paras. 22–25), please indicate the
measures taken by the State party to ensure that detention of asylum seekers, including
unaccompanied children, is used only as a last resort, where necessary and for as short
a period as possible, and to further implement in practice alternatives to detention.
201.
If less coercive measures such as depositing the alien’s passport, ordering a des-
ignated residence or a duty to report to the police, cf. the Aliens Act, section 34 (1), are not
deemed sufficient to secure the possibility of a return, the police shall as far as possible, upon
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a concrete assessment, administratively detain the alien, cf. section 36 (1), first sentence. The
decision to detain an alien can be appealed by the alien to the National Police Commissioner
if the alien is released within 72 hours, cf. section 48 (3). This does not suspend enforcement
of the decision.
202. If the alien is not released within 72 hours the decision to detain shall be reviewed by
a court of justice. The court will assign the alien a lawyer and rule on the lawfulness of the
detention, cf. section 37 (1), first sentence.
203. If the decision to detain is upheld, the court must set a time limit for the continued
detention. The time limit can subsequently be extended by the court, but only for four weeks
at a time, cf. section 37 (3), second and third sentences. When assessing the duration of the
detention, the court considers the principle of proportionality and Denmark’s international
obligations. In this connection, the court shall take into account whether the return
proceedings are progressing and whether there are prospects of a return within a reasonable
period of time.
204. Detention for the purpose of return under section 36 may not exceed a period of 6
months. The court may extend this period for up to 12 additional months if there are special
circumstances, including cases where, notwithstanding all reasonable efforts, the return
process may be expected to take a long
time owing to the alien’s lack of cooperation in the
return, or delays in obtaining the requisite travel documents and entry permit. The detention
must be as brief as possible and may only be upheld while the return proceedings are being
arranged and duly carried out.
205. The police is aware that detention is a very intrusive measure and the police has
developed a strategy for the use of administrative detention pursuant to the Aliens Act. The
strategy establishes the main framework for the application of detention and is based on the
main principle that detention should be used with care and only if and as long as it is
necessary to accommodate the targeted objective purpose. The police prioritizes and
promotes cases of administrative detention of aliens as much as possible and the police strives
to ensure that detention is as short as possible.
206. The above mentioned rules do not distinguish between adults and minors, and
administrative detention of children
–
including unaccompanied children
–
is also covered
by these provisions. It should be noted that as a general rule the police does not detain minors
pursuant to the provisions of the Aliens Act, and such cases only rarely happens and for short
periods of time. The Government agrees that detention of children should only be used in
exceptional cases, as a measure of last resort and for the shortest time possible.
Please provide statistical data, disaggregated by sex, age and nationality, on the number
of persons detained pursuant to the Danish Aliens Act.
207. It is not possible to extract the requested information regarding detained aliens, who
are or have been detained according to the Aliens Act section 36 in the period 2017-2019
from the National Police’s case management system (POLSAS).
208. The data in the enclosed annex 8, table 1-3 is based on the compilation of data from
POLSAS and an internal case management sheet. The data is subject to some uncertainty, as
the internal case management sheet is kept solely for the purpose of administering the status
of aliens deprived of their liberty and not for the purpose of compilation of data for
publication, as POLSAS is a case management system rather than a statistical system. In this
regard, it is noted that the numbers are dynamic and therefore can be subject to alterations
primarily due to post-regulations.
209. Table 1 and 2 in the enclosed annex 8 show the number of aliens, who were detained
in the period 2017-2018, cf. the Aliens Act, section 36, disaggregated by
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adults/unaccompanied minors, nationality and sex. These numbers are based on the
compilation of data from POLSAS as of 14 May 2019.
210. Table 3 in the enclosed annex 8 shows the number of aliens, who were detained in the
period 1 January 2019-18 June 2019, cf. the Aliens Act, section 36. These numbers are based
on the compilation of data from POLSAS as of 18 June 2019.
211. In tables 1-3, aliens who were under the age of 18 at the time of detention, but turned
18 before the time of release, are included as minors for the years of their detention. It is
noted that during the period January 2017 to 18 June 2019, no accompanied minors have
been detained pursuant to the Aliens Act, section 36.
212. Tables 1-3 include the following categories of aliens named as: Rejected asylum
seekers, asylum seekers, illegal stay, Dublin-cases, waivered application for asylum and
persons who have had their application for asylum rejected on grounds of already being
granted asylum elsewhere.
213. The data in the tables 1-3 have been collected based on the abovementioned legal
grounds of detention, which was registered at the time of release or at the time of calculation
on 14 May 2019 and on 18 June 2019, if the alien was still detained.
214. Tables 1-3 also include information about the aliens registered in POLSAS at the time
of calculation on 14 May 2019 and on 18 June 2019. It is noted that nationality is not
necessarily the same as the subsequent destination in the event of return.
215. It is noted, that tables 1-3 show the number of detentions and not the number of
persons. If a person has been detained and released several times during the relevant period,
the person will be included in the data several times.
216. The abovementioned tables do not include cases of brief detention on the actual day
of return.
What concrete measures have been taken to address concerns regarding the
amendment to the Aliens Act adopted in November 2015 that allows the temporary
suspension of fundamental legal safeguards, including judicial oversight over detention,
in situations of a high influx of migrants and asylum seekers qualified as
“special
circumstances”?
217. Section 37 k of the Aliens Act, which in special circumstances allowed for temporary
suspension of an automatic judicial review of administrative detention of aliens, was
amended in June 2018. As a consequence, it is no longer possible to suspend the judicial
oversight, but the normal deadline of three days for the judicial review can still be extended
for up to 4 weeks in special circumstances. It should be noted, that the possibility in the
former provision to suspend judicial oversight was never used. Moreover, section 37k is
connected to a sunset provision. Therefore, it will automatically be nullified in December
2021.
Please also provide information on the steps taken to ensure the early identification of
victims of torture and other vulnerable individuals and groups, and to ensure that such
individuals are not detained within the context of asylum procedures (paras. 22–23).
218. All newly arrived asylum seekers are offered an initial medical interview following
their arrival at the reception centre. The purpose of the initial medical interview is to assess
the overall physical and mental health of the alien and to determine if the alien has any urgent
or otherwise necessary health related issues that needs treatment.
219. The medical interview includes a questionnaire designed by DIGNITY - Danish
Institute Against Torture with the purpose of identifying victims of torture. The medical
interview is conducted by a nurse, but based on the individual needs of the alien the nurse
may refer the asylum seeker to further consultations with a doctor.
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220.
In connection with asylum seekers’ entry into Denmark the task of the Police solely
consists of an initial registration of the individuals name, date of birth, nationality, etc. The
case is then transferred to the Immigration Service.
221. If the Police, during this initial registration, becomes aware of an asylum seeker who
is suffering from physical or mental illness, the police can contact the Danish Red Cross,
where healthcare professionals are employed. Furthermore, the police provides the individual
with guidance about the possibility of establishing contact with the Danish Refugee Council.
222. Detention of asylum seekers is not a part of the regular asylum case proceedings in
Denmark, but may be used in connection to a criminal case. When the police initiates the
detention of an alien, the individual is provided with guidance about the detention. In this
connection, the individual is asked to inform the police whether the individual is suffering
from any illness that demands treatment. The police does not have access to any other
information about the alien’s health conditions.
223. In cases of detention, where the immigration authorities have rejected the asylum
seeker’s request for asylum,
it may occur that the police receives health information,
including initiated torture examinations, in the case files sent from the immigration
authorities.
224. The police takes all available information on personal matters, including health, into
consideration when determining to initiate or maintain a detention.
225.
All detainees have a right to receive medical treatment as well as other healthcare.
226. When a foreigner arrives at the Centre for Foreigners (udlændingecenter) for the first
time, a nurse attends the foreigner as soon as possible. If necessary, the nurse can refer to a
doctor.
227. The personnel at the Centre for Foreigners is continually checking to see whether there
is need for supervision by a specialised doctor. An increased attention is given in the first two
weeks of the stay.
228. The healthcare professionals in the institutions belonging to the Prison and Probation
Service are aware of the fact that the detainees might have been victims of abuse, violent
trauma or torture
–
even in cases where a detainee denies such a thing when directly asked.
Thus, the healthcare professionals carry out an individual and specific assessment of the
detainee’s health condition.
229. If there is suspicion of abuse, torture or ill-treatment, or if the detainee speaks of
nuisances caused by torture, relevant questions will be asked. If deemed necessary, the
detainee will be referred to a doctor, who takes care of the detainee as soon as possible after
the referral. The doctor may refer the detainee to further examination, e.g. at a hospital. The
institution’s healthcare professionals will simultaneously perform treatment at the institution.
What concrete measures have been taken to improve conditions of detention in
deportation centres, in particular at the detention facility of Vridsløselille?
230. Since 1 February 2018, no third-country nationals have been detained in Vridsløselille
and the institution is no longer in use. The conditions for female inmates in Ellebæk have
been improved. During the summer of 2016, female inmates were placed in a separate
building not connected with the institution’s main building. As female inmates are placed in
a separate building, they are protected against potential harassment from male inmates.
Please provide information on educational and recreational activities as well as
adequate social and health services in asylum centres.
Educational and recreational activities
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231. According to the Aliens Act, section 42 c, asylum seekers older than 18 years of age
are required to enter into a contract with the asylum centre. The contract with the asylum
centre requires that the asylum seeker assists with necessary daily tasks at the asylum centre,
participates in activities at the asylum centre and/or participates in activities outside the
asylum centre, e.g. unpaid job-training programs, and attends classes either at, or in affiliation
with, the asylum centre.
232. Asylum seekers, who are granted a residence permit in Denmark, will be offered
intensive Danish language courses until they are relocated to the municipality where they are
going to live.
233. Asylum seekers who meet certain requirements may request the Immigration Service
to approve an offer of employment until he/she is granted a residence permit or until he/she
leaves Denmark voluntarily or is deported from Denmark, cf. the Aliens Act section 14 a (1).
234. Asylum seekers older than 17 years of age may opt to participate in the same education
and other activities as adult asylum seekers.
235. All migrant children of mandatory school age who have the expenses of their stay and
necessary healthcare services defrayed by the Immigration Service have access to primary
and lower secondary education equivalent to the education available to bilingual children
residing legally in Denmark. Teenage migrants older than the mandatory school age who
have the expenses of their stay and necessary healthcare services defrayed by the Immigration
Service have access to upper secondary education, provided they possess the required
academic qualifications.
Social and health services
236. According to the Aliens Act, section 42 a (1), asylum seekers will have the expenses
of healthcare services defrayed by the Immigration Service, provided the treatment is
necessary and urgent and/or pain-relieving. Whenever treatment is deemed necessary, the
centre-operator needs to request the Immigration Service to provide a guarantee of payment.
Further, certain forms of treatment can be initiated by the healthcare professionals at the
asylum centre on their own initiative.
237. Minor asylum seekers obtain procedural stay and are entitled to the same healthcare
services as any other children in Denmark.
238. According to established practice, social measures are also considered within the
framework of necessary healthcare.
Reply to the issues raised in paragraph 25 of the list of issues
239. The rules describing involuntary admission and the use of coercive measures are
found in the Mental Health Act. According to the Mental Health Act, section 5, involuntary
admission and coercive measures, such as the use of fixation or coerced medication, can only
be used at a mental health facility if the patient is insane or suffers from a similar condition.
Compulsory admission to a psychiatric ward also requires that the patient would otherwise
not be cured, that the mental health of the patient would otherwise not significantly improve,
or that the patient would otherwise impose a threat to himself or to others.
240. Persons sentenced to treatment at a mental health facility due to a mental disorder or
a comparable condition at the time of committing a crime are also covered by the provisions
of the Mental Health Act.
Physical restraints and forced medication
241. In order to limit the use and duration of physical restraints, the Mental Health Act,
section 14 stipulates that fixation must only be used short term and to the extent necessary to
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prevent harm against the patient or others, to prevent the patient from following or harassing
other patients, or if the patient vandalizes property in a significant degree.
242. However, a patient can be restrained for more than a few hours if the restraining of
the patient ensures the life or security of the patient or others. When restraining a patient,
only belt-, hand- and foot restraints and gloves can be used.
243. When a patient is restrained, the Mental Health Act requires medical supervision three
times a day as a minimum and continuous assessment of whether restraint should cease or
continue. If the physical restraint lasts more than 24 hours, an independent doctor has to attest
that use of physical restraints is necessary, cf. section 21. When considered necessary to
forcibly medicate a patient, only tested medication can be used with a usual dose and with as
few side effects as possible, cf. section 12.
244. As a general rule, all kinds of coercion may only be used after attempts to seek the
patient’s acceptance of treatment has failed.
The use of coercion must be proportional and
must be used as gently as possible, so unnecessary discomfort is avoided, cf. the Mental
Health Act, section 4.
Legal rights for psychiatric patients
245. The Mental Health Act contains a number of legal rights actions to ensure that
coercion is used as little as possible. Among other, every use of coercive measures has to be
registered in a protocol with a description of the coercive measure and why it was deemed
necessary to use it, cf. section 20. The protocol is monitored by the Danish Health Authority.
246. Every time coercion has been used, the medical staff is obligated to offer the patient
a conversation about the coercion and why the medical staff thought it necessary to use
coercive measures, cf. section 4. The patient also has a right to talk to a patient adviser, cf.
section 24. The patient adviser must assist and guide the patient in relation to questions about
the treatment. The patient adviser must also assist the patient, if the patient wishes to
complain. The patient can complain to either an independent board or the courts, cf. Mental
Health Act, section 34-37.
Minor psychiatric patients
247. Since 2015, the Mental Health Act and the ensured procedural safeguards found in
the provisions mentioned above also cover patients between 15-17 years, who do not consent
to admission or treatment. This practice was adopted to clarify the legal position of minor
psychiatric patients.
248. The Mental Health Act does not apply to minors under the age of 15, if the parent has
given parental consent to admission or treatment. However, as stipulated in the Health Act
all minor patients, including psychiatric patients, under the age of 15, must be informed and
involved in the treatment to the extent that the minor understands the situation. The Mental
Health Act also contains an obligation to report interventions performed on children under
the age of 15 to the National Board of Health, regardless of whether the intervention is made
with parental consent or not.
249. Lastly, the parent who has custody must be informed that he or she has the opportunity
to withdraw consent for use of coercion against the minor. If the parent does not wish to
decide or do not consent, the Mental Health Act will apply if the other conditions for use of
individual coercive measures are met.
Alternative forms of treatment and other forms of outpatient treatment programs.
250. The psychiatric wards use a variety of treatments to help psychiatric patients. The
basic principle is to offer the most effective, sufficient and gentle treatment possible. Every
treatment is individual and the treatment is, if possible, decided in cooperation with the
patient.
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251. The following forms of treatment can be mentioned as examples: physical activity and
training, musical therapy, training of social skills, creative workshops and behavioral therapy.
The number of persons deprived of the liberty in psychiatric hospitals and other institutions
252. In regards to the question of the number of persons deprived of the liberty in
psychiatric hospitals and others
institutions, reference is made to the Government’s reply to
paragraph 18 of the list of issues.
Initiatives to reduce coercion in psychiatric hospitals
253. In general, Denmark has a strong focus on reducing coercion in psychiatric hospitals
and a number of initiatives have been taken to contribute to reduce the use of coercive
measures.
254. For instance, 70m DKK (9,300,000 euros) has been earmarked per year to establish
new intensive psychiatric wards for adults. The wards will focus on intensive care and
prevention of coercion. Also for the period 2018-2021, 25m DKK (3,350,000 euros) has been
earmarked to inter-sectoral teams to reduce coercion.
Articles 12–13
Reply to the issues raised in paragraph 26 of the list of issues
255. Reference is made to the enclosed annex 9, table 1. The Government notes, that due
to technical reasons, it has not been possible to automatically draw statistics regarding
complaints about torture and ill-treatment. Thus, the data in table 1 is based on manual
searches in the case management tools of the Department of Prison and Probation Service
and does not necessarily provide a complete list of relevant cases.
256. Table 1 includes cases where the inmate explicitly complained about torture or ill-
treatment and cases where the inmate did not explicitly complain about torture or ill-
treatment, but where the Prison and Probation Service has found it relevant to include the
case.
257. The Independent Police Complaints Authority has registered reports on torture and
ill-treatment under a separate category since 2016. Before 2016, said reports were filed under
other categories, and therefore it is not possible to provide statistical data on cases from
before 2016.
258. During the period 2016 to May 2019, the Independent Police Complaints Authority
has examined six cases involving reports of torture and ill-treatment.
259. Please find enclosed in annex 9, table 2, data on the six cases disaggregated by place
of detention, gender, age and nationality.
260.
No disciplinary sanctions have been imposed by the police in these six cases.
261.
The Psychiatric Patients’ Board of Complaints is responsible for administrative
decisions in first instance concerning complaints from psychiatric patients who have
received coercive psychiatric treatment in psychiatric facilities in Denmark.
262. From 2015 to 2018, the Board received 6,675 complaints from psychiatric patients
who received coercive psychiatric treatment in psychiatric facilities in Denmark.
263.
The Board’s
statistical data concerning complaints from psychiatric patients does not
differentiate between complaints from psychiatric patients admitted or treated due to court
order and other psychiatric patients. The number of complaints thus covers all complaints
received by the Board regardless of, whether the complainant has been admitted or treated
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due to a court order or not. Furthermore, the Board does not register statistical data on
parameters such as sex, age, ethnic origin or nationality or place of detention and is thus not
able to disaggregate data accordingly.
Reply to the issues raised in paragraph 27 of the list of issues
264. The Danish Military Prosecution Service may conduct preliminary examinations or
investigations into potential breaches of international law committed during military operations,
including breaches of international human rights law and the law of armed conflict, which fall
under Danish criminal jurisdiction.
265. Preliminary examinations or investigations may be launched on the basis of a report from
military commanders or individuals when there is a reasonable suspicion that a criminal act
including breaches of international law has been committed, or
ex officio
by the Military
Prosecution Service as required by international law. The Military Prosecution Service does not
form part of the military chain of command and accordingly its investigations are conducted
independently of the military chain of command.
266. Furthermore the Danish Military Manual was published in September 2016. It is
based on findings from an in-depth study of the experience gained by the Armed Forces over
the last 20 years and is binding on all members of the armed forces as a Joint Operation Staff
Directive. The Manual was published in English in March 2019.
2
267. Chapter 12 of the Manual sets out rules for armed forces in connection with the
deprivation of liberty; how they are to be treated, how they are to be accommodated, which
procedures are to be followed, and what is to happen when they are released or transferred
to another State/for prosecution.
268.
The Manual confirms that “all persons deprived of liberty are to be treated humanely,
with respect, and are guaranteed their rights”. In addition
to binding international law, chapter
12 refers to various international instruments, such as the Copenhagen Principles and
international human rights law; according to section 1.3 “[human rights law] applies in all
conflict scenarios and plays a particularly important role in the area of deprivation of liberty
because, in these circumstances, Danish jurisdiction is established from the time Danish
forces have physical power and control over the person concerned.”
269. Chapter 12, section 14.2 describes the transfer of persons deprived of liberty and
confirms the principle of non-refoulement:
“Denmark may not transfer a person deprived of
liberty to another State if there are substantial grounds for believing that there is a real risk
that the person will be subjected to torture or any other form of cruel or degrading treatment.
Nor is a transfer allowed if the transferred person risks the death penalty or a life sentence
without the possibility of a reduction of sentence. Furthermore, case law indicates that, in
exceptional instances, the transfer of a person deprived of liberty may be inconsistent with
the European Convention of Human Rights if the person has already suffered or risks
suffering a flagrant denial of a fair trial in the receiving State. Whether a real risk exists must
be based on an individual assessment. The general conditions are also relevant to assessing
the risk, but the crucial factor is the real risk to which the person deprived of liberty is
exposed.” The Manual confirms that the prohibition
is absolute.
270. The prohibition applies to the transfer of persons from Danish territory or from a
foreign territory in cases in which Danish jurisdiction is established. The prohibition applies
not only to the primary State to which Denmark transfers a person but also to any subsequent
transfer to a third State.
271. Over the last decade, Denmark has entered into agreements on transfers in connection
with the deployment of Danish troops to three different mission areas. The written
2
The manual can be found at: www.fmn.dk/eng/allabout/Pages/military-manual.aspx.
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agreements are adapted to the specific circumstances of the operation and describe the
obligations of both Denmark and the host State in relation to the deprivation of liberty and
transfer of persons.
Reply to the issues raised in paragraph 28 of the list of issues
272. It is, given the circumstances, legal for a healthcare professional to report such
findings. According to the Criminal Code there is no general duty to prevent or report crimes.
However, the Criminal Code, section 141 provides a duty for everyone who obtains
knowledge of certain serious crimes to do everything in his or her power to prevent the
mentioned crimes and their consequences, when necessary by reporting to the authorities.
The mentioned crimes includes crimes, which create threat to the life of persons and their
welfare.
273.
Further, reference is made to Government’s reply to paragraph 24 of the list of issues.
Article 14
Reply to the issues raised in paragraph 29 of the list of issues
274. In cases where the claim for damages or compensation in relation to torture is dealt
with during the criminal proceedings, and the accused is found guilty, the perpetrator can be
ordered to pay damages or compensation to the victim of torture even if the general three-
year limitation period is expired.
275. The
victim’s claim can also be made under separate civil proceedings if they are
commenced within one year after the final decision of the criminal case (in which the accused
is found guilty).
276. In June 2018, the High Court of Eastern Denmark ordered the Danish Ministry of
Defence to pay compensation to 18 Iraqi claimants for Danish complicity in the ill-treatment
they had been exposed to by Iraqi police in 2004. The Danish Ministry of Defence has
appealed the decision to the Danish Supreme Court and the Court’s decision is expected
in
2021.
277. There are no statistics available regarding specific cases where redress and
compensation measures, including means of rehabilitations ordered by the court, have been
given. The Government is not aware of cases of such nature in the reporting period.
Reply to the issues raised in paragraph 30 of the list of issues
278. Denmark has universal health coverage which means that patients have the right to
medical treatments if necessary no matter the cause.
279. In Denmark there are 10 specialized outpatient treatment facilities for traumatized
refugees
–
seven public and three private.
280. The cost for these public specialized treatment facilities are estimated to DKK 150
mill. in 2018 (for two of the clinics these costs also covers treatment for war veterans.) The
three private treatment facilities receive approximately DKK 54 mill. in public funding for
the treatment of traumatized refugees.
Article 15
Reply to the issues raised in paragraph 31 of the list of issues
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281. According to the Administration of Justice Act, section 750, the police cannot impose
on anyone to make statements during an interrogation or use any kind of coercion in order to
obtain such statements. The court can dismiss evidence obtained in violation of the
Administration of Justice Act, section 750.
282. There are no statistics available regarding specific cases where evidence was declined
on the grounds that said evidence was obtained through torture or other cruel or degrading
treatment. The Government is not aware of cases of such nature in the reporting period.
Article 16
Reply to the issues raised in paragraph 32 of the list of issues
283. There are numerous definitions of the term intersex. However, they all share that
intersex de-notes
human beings “that are born with sex characteristics (including genitals,
gonads and chromosome patterns) that do not fit typical binary notions of male or female
bodies." The umbrella term DSD (disorders of sex development or differences in sex
development) is often used as a general medical term for congenital conditions in which
development of chromosomal, gonadal, or anatomical sex is atypical. In the following
descriptions the Government uses the term DSD. The Government recognizes that
widespread use of the term DSD is problematic, and has in its normative work highlighted
the need to use more precise descriptors of the individual conditions, such as Klinefelter and
Adrenogenital syndrome. The Government also notes that the term is rarely used by health
professionals as it is most common to use the name for the specific condition. The
Government is in the process of finalizing a review of the regulation of specialized hospital
services related to DSD-conditions, that has also addressed the need for non-stigmatizing
terminology in the field. Furthermore, the Government has in its normative work highlighted
the fact that the vast majority of epi- and hypospadias (congenital defects of the male urethra)
are idiopathic (of unknown origin) and should only rarely be associated with a DSD-
condition. Finally, the Government notes that both the term intersex, and the term DSD, can
be seen as stigmatizing, as some individuals will consider the term intersex as more fitting to
their identity and regard DSD as medicalizing gender identity issues, while others with DSD-
conditions feel that the term intersex is highly stigmatizing because they have no ambiguity
of sex characteristics or gender identity.
Respect for physical integrity
284.
Surgery on cosmetic indication for children under the age of 18 is illegal in Denmark.
285. Differences in sex development (DSD) includes a broad variety of conditions some of
which require immediate medical intervention and others that are less serious and require
little or no medical intervention. Surgical treatment is rarely relevant for children under the
age of 15. Surgery is always conducted on medical indication and only after thorough medical
evaluation by medical DSD-experts in a multidisciplinary setting. Surgery on genitals in
children with DSD conditions are very rarely performed in Denmark and it is never
performed solely with the intention to decide the sex of the child or for gender normalization
reasons.
286. Advantages and disadvantages of surgical treatment, in particular of children, will
always be carefully evaluated. Surgical treatment is offered at the appropriate time in the
child's or young
person’s
life in order to achieve the best possible outcome of the surgery and
taking into account the development of the child, including the anatomical and developmental
conditions of tissues and organs, etc. There may be several purposes for offering surgery,
including preventing urinary tract diseases such as infections and incontinence, preventing
fluid accumulation in the vagina and cervix, preserving the possibility for future reproduction,
preventing the development of gonadal cancer and improving the child’s development
and
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quality of life. Surgical treatment of children and adolescents with DSD conditions can only
be performed by two highly specialized hospital departments approved by the Danish Health
Authority. The specialized hospital departments are members of the relevant international
professional forums such as the European Reference Networks (ERN): Endo-ERN, and
eUROGEN. The members of the ERNs consult, exchange information and share knowledge,
review patient diagnosis and treatment, and can also develop guidelines.
287. To further improve the quality of the overall treatment of patients with DSD
conditions and to ensure increased national and international collaboration, The Danish
Health Authority is in the process of finalizing a review of specialized hospital services for
DSD-conditions. As a result of this review, the requirements for providing these services has
been strengthened to include requirements for highly specialized care for very rare conditions
as well as the setting up a national multidisciplinary teams to discuss rare and difficult cases.
With this in the relevant medical specialties. The recommendations of this work will include
an increased national and international collaboration in the field of both medical and surgical
services for patients with DSD-conditions, the Government considered the provision and
quality of these services in Denmark to be at the highest international level.
288. Children with DSD conditions are followed regularly by paediatricians and medical
professionals from other relevant specialties, such as urologists, gynaecologists,
endocrinologists surgeons and mental health professionals, when needed.
Counselling
289. Hospitals services for children with DSD conditions are centralized in three highly
specialized university hospital departments depending on the age of the patient and the
specific condition. This ensures that children with DSD conditions, the child’s parents and
adults with DSD conditions receive the appropriate information, support and counselling
before treatment is offered. As mentioned, treatment
–
medical as well as surgical
–
must
only be carried out after informed consent. The patient's consent therefore must be given on
the basis of adequate information from the healthcare professional, and the patient can at any
time revoke the consent. Surgical treatment is offered at the appropriate time in the child's or
young person’s life in order to achieve the best possible
outcome
290. In accordance with Danish law, the information should include information on
relevant prevention, treatment and care options, including information on other treatment
options and in-formation on the consequences of no treatment being initiated. The
information should be more comprehensive when the treatment poses a close risk of serious
complications and side effects.
Consent
291. According to Danish law, full, free and informed consent is required to conduct all
medical treatments
–
surgical as well as non surgical. In Denmark a person is able to give
their informed consent at age 15. Until the person turns 15 the required informed consent is
given by the parents. No matter the age, the preferences of the person under 15 should always
be taken into account. As mentioned above it is illegal to perform surgery on cosmetic
indication for children under the age of 18 in Denmark.
292. Surgery will always be preceded by a thorough medical and interdisciplinary
assessment where the advantages and disadvantages of the intervention, the child's or the
young person's development, etc. is taken into account. It is considered good clinical practice
to offer surgery at the time that is most optimal for the child's development, anatomy and in
terms of achieving the best possible outcome with the least adverse effects. Surgery that can
wait until later in life should therefore be postponed accordingly.
Redress possibilities
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293. The Agency for Patient Complaints serves as a single point of entry for all patients
who wish to complain about healthcare professionals and/or treatment provided in the
healthcare system (public and private). Particularly serious cases may be submitted to the
public prosecutor with a view to bringing the case before a court.
294. Patients who have sustained injuries caused by treatment in hospitals or by authorized
healthcare professionals may be entitled to compensation, and patients can seek
compensation by reporting injuries to the Patient Compensation Association. The Patient
Compensation Association is responsible for applying the legislation that deals with injuries
occurring in connection with treatment in the public and private healthcare system.
295. The Patient Compensation Association may also award compensation in injuries
related to pharmaceutical products, i.e. in cases where patients are injured because of side
effects of medicines. Compensation is given for losses and expenses as a consequence of the
injuries. The legislation and practices apply to all patients, including intersex persons.
296. The Patient Compensation Association has a registry of more than 150,000 claims, all
with medical codes for referral diagnosis, surgical or medical treatment, and possible
complications. The Patient Compensation Association has reviewed relevant data to identify
cases where intersex children have undergone gender reassignment surgical or medical
treatment. The Patient Compensation Association has searched for cases where the referring
diagnosis was:
gender dysphoria (which could possible results from child gender reassignment
surgery or medication)
sex chromosome anomaly
297. The Patient Compensation Association has received six complaints in the period 2007-2017. Two
of the cases were dismissed in the initial face of the complaint process. Three of the complaints were
regarding lack of treatment. One complaint addressed the result of treatment.
Reply to the issues raised in paragraph 33 of the list of issues
298. The National Police is overall responsible for countering hate crimes in Denmark and
has taken several measures as part of an effort to reduce the number of hate crimes committed
in Denmark.
299.
For instance, the National Police has increased their focus on the public’s willingness
to report hate crimes. The National Police has organized a number of initiatives with the
purpose of informing the public about hate crimes and the importance of reporting hate
crimes to the police, e.g. by attending relevant events, answering questions and encouraging
people to report hate crimes. Furthermore, the National Police has initiated a dialogue
regarding hate crimes with a number of significant stakeholders such as The Muslim Council
and The Jewish Community in Denmark. This was set in motion to establish a closer and
ongoing cooperation with the stakeholders and to obtain input to considerations regarding
future efforts of the police in this area. The dialogue also serves the purpose of improving the
cooperation in order to get more victims to report hate crimes to the police and to highlight
any difficulties or barriers regarding the reporting process.
300. Additionally, in 2015 the National Police launched a monitoring program on hate
crimes to strengthen the registration and handling of hate crimes in the police districts and to
obtain an overview of hate crimes committed.
301. Further, as part of the Danish effort regarding prevention of extremism and
radicalization, there are different initiatives targeted at prevention of the development of risk
behaviour. An important part of this prevention effort contributes to providing children and
young people with democratic skills, honing their critical thinking and social competencies,
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and thereby preventing the development of risk behaviour. The effort includes a systematic
effort in day-care facilities, primary schools and upper secondary schools to strengthen
democratic skills and citizenship, mobilization of young people in prevention of hate speech
and radicalisation online, and a nationwide youth dialogue corps consisting of young people
aged between 18 and 35 who run discussions and workshops to fuel a debate among young
people on topics significant to their development. This includes topics such as identity,
discrimination and non-discrimination, images of friends and enemies, intolerance,
extremism, etc.
302. Furthermore, supplementary training is offered to a range of professionals working in
close contact with youngsters e.g. in the social services, schools and upper secondary school
so that they may be able to prevent and respond to signs of risk behaviour.
Other issues
Reply to the issues raised in paragraph 34 of the list of issues
Greenland
303. The rights enshrined in the Convention are primarily legislatively secured through the
Administration of Justice Act and Criminal Code for Greenland. The acts entered into force
in January 2010 and form part of a greater judicial reform in Greenland following a report
from the Commission on Greenland’s Judicial System (Den
Grønlandske
Retsvæsenskommission).
304. According to the mandate of the Commission, it was, inter alia, the task of the
Commission to ensure that the judicial system of Greenland is in conformity with the
international obligations, which the Realm must observe, including in particular human rights
obligations. The consideration for human rights has for example led to the codification of a
number of fundamental principles regarding criminal proceedings.
305. Furthermore, the Commission made a thorough examination of the accordance of
indeterminate sentences (safe custody) with international obligations, including articles 1 and
16 of the Convention against Torture. Another example is the legal regulation of treatment
of prisoners which has been updated in conformity with international obligations in this field.
306. Additionally, the mandate of the Danish Institute for Human Rights was expanded in
2014 to also cover Greenland, which gives the institute a mandate to monitor the promotion
and protection of human rights in Greenland, including the Convention against Torture.
Faroe Islands
307. The Faroese Criminal Code is in most areas identical with Danish Criminal Code. The
Faroes criminal law, as the Danish, does not have a specifik provision on the crime of torture.
Instead all acts covered by the definition of torture in article 1 of the Convention against
Torture
–
including acts where mental pain and suffering is inflicted on the victim, are
covered by existing provisions of the Faroese Criminal Code.
308. The Faroese Criminal Code also has a similar special provision, which makes torture
an aggrivating circumstance in the dertermination of a penalty for violation of the Criminal
Code.
309. The Faroese special provision deviates from the Danish in a single area: Handicap has
been added as an aggrivating cause for torture.
Reply to the issues raised in paragraph 35 of the list of issues
310. As regards measures taken by the State party to respond to threats of terrorism,
reference is made to Denmark’s sixth and seventh periodic reports.
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311.
Since then, Denmark has,
inter alia,
taken the following steps:
312. By Act no. 9 of 7 October 2015, the Defence Intelligence Service Act
(Lov om
Forsvarets Efterretningstjeneste)
was amended to allow the Defence Intelligence Service of
information about Danish residents staying overseas when there are certain reasons to believe
they participate in activities that may involve or increase threats of terrorism to Denmark and
Danish interests.
313. By Act no. 1880 of 29 December 2015, Parliament passed an amendment to the
Criminal Code regarding penalty for joining a hostile armed force. With the amendment,
foreign fighters risk life imprisonment under particular aggravated circumstances if they join
a hostile armed force. Recruitment for and incitement to join a hostile armed force is
punishable by up to 16 years imprisonment.
314. By Act no. 642 of 8 June 2016, Parliament amended the Criminal Code in respect of
armed conflicts occurring overseas. Thus, the maximum penalty for being recruited for
terrorism or otherwise furthering terrorism was raised from 6 years’ imprisonment to 10 years’
imprisonment
– and to 16 years’ imprisonment under particular aggravated
circumstances
–
in those cases where the crime is related to the perpetrator’s having joined an armed force.
Furthermore, the Government was authorised to designate areas where Danish nationals and
residents are not allowed to go without prior permission from the Danish authorities. An area
may be designated if a terrorist organisation is a party to an armed conflict in the area.
315. Furthermore, by Act no. 674 of 8 June 2017, the Administration of Justice Act was
amended with a view to enable the police, after obtaining a court order, to require Danish
Internet Service Providers to assist the Police in blocking access to a website if there is reason
to believe that violations of the Criminal Code's rules on terrorism are committed from the
website.
316. On 20 December 2018, Parliament passed the so-called PNR Act. The Act creates a
legal basis for law enforcement to access PNR data (Passenger Name Records) and to
establish a Danish PIU (Passenger Information Unit) under the Danish National Police. The
Danish PIU processes PNR data for the prevention, detection, investigation or prosecution of
terrorist offences and serious crime. The Danish PIU appoints a data protection officer
responsible for monitoring the processing of PNR data and implementing relevant safeguards.
317. Denmark observes that the above-mentioned measures are in compliance with the
European Convention on Human Rights, the Convention against Torture and other relevant
international legal instruments and human rights safeguards. Thus, the measures are generally
of important interests of society, including national security, public safety and the prevention
of crime, and do not go further than necessary to achieve the aims sought. Furthermore, anti-
terrorist measures performed by the Danish Security and Intelligence Service, such as
invasion of the secrecy of communication, are generally subject to prior approval by the
courts.
318. The European Convention on Human Rights is particularly relevant for the work of
the police. Teaching on the European Convention on Human Rights and its relevance for
policing takes place at the National Police Academy as a part of the theme: “Law enforcement
and cultural understanding”. The Police Academy has close relations with the Institute for
Human Rights and DIGNITY - Danish Institute Against Torture.
319. Police officers employed by the Danish Security and Intelligence Service (PET) have
completed the basic training programme of the Danish Police Academy. As part of their
employment with PET, police officers undergo special training in relation to, among other
topics, antiterrorism and they are given instructions on the topic of civil rights. Furthermore,
a separate training programme is provided for special units under PET, such as the Personal
Protection Unit and the Special Intervention Unit.
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 REU, Alm.del - 2019-20 - Bilag 177: Danmarks 8. periodiske rapport til FN’s Torturkomité om Danmarks overholdelse af FN’s Torturkonvention, fra udenrigsministeren
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CAT/C/DNK/QPR/8
320. Since 10 December 2015, there have been a total of 18 convictions of crimes related
to terrorism.
321. Consolidated data regarding complaints of non-observance of international standards
are not available.
General information on other measures and developments relating to
the implementation of the Convention in the State party
Reply to the issues raised in paragraph 36 of the list of issues
322.
Since the Committee’s consideration of Denmark’s sixth and seventh periodic reports,
Denmark has prepared a revised version of the common core document on Denmark for
reporting under the international human rights conventions of the United Nations. The
revised version of the common core document was presented to the OHCHR 28 March 2018.
The
revised common core document includes a full account of Denmark’s legislation,
policies, and administrative framework relating to human rights policy and implementation
of conventions to which Denmark is a State Party. Specific reference is made to section II of
the common core document, which gives an overview of the general framework for the
protection and promotion of human rights in Denmark, including the right to freedom from
torture.
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