REU, Alm.del - 2024-25 - Bilag 234: Orientering om regeringens svar på anbefalingerne fra Den Europæiske Komité til Forebyggelse af Tortur og Umenneskelig eller Nedværdigende Behandling eller Straf (CPT), justitsministeren

Retsudvalget 2024-25
REU Alm.del Bilag 234
Offentligt

Reply of the Danish Government to the report of the Euro-

pean Committee for the Prevention of Torture and Inhuman

or Degrading Treatment or Punishment (CPT) on its visit to

Denmark from 23 May to 3 June 2024

Side 1/100

REU, Alm.del - 2024-25 - Bilag 234: Orientering om regeringens svar på anbefalingerne fra Den Europæiske Komité til Forebyggelse af Tortur og Umenneskelig eller Nedværdigende Behandling eller Straf (CPT), justitsministeren

Indhold

A. Police establishments ......................................................................... 6

Paragraph 10 in the CPT’s report

....................................................................... 6

Paragraph 11 in the CPT’s report

....................................................................... 7

Paragraph 12 in the CPT’s

report

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Paragraph 13 in the CPT’s report

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Paragraph 14 in the CPT’s report

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Paragraph 16 in the CPT’s report

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Paragraph 17 in the CPT’s

report

..................................................................... 10

Paragraph 18 in the CPT’s report

..................................................................... 11

Paragraph 19 in the CPT’s report

..................................................................... 12

Paragraph 20 (first part) in the CPT’s report

.................................................. 12

Paragraph

20 (second part) in the CPT’s report

............................................ 13

Paragraph 21 in the CPT’s report

..................................................................... 14

Paragraph 22 in the CPT’s report

..................................................................... 14

Paragraph 23 in the CPT’s report

..................................................................... 15

B. Immigration detention establishment ..............................................16

Paragraph 25 in the CPT’s report

..................................................................... 16

Paragraph 26 in the CPT’s report

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Paragraph 27 in the CPT’s report

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Paragraph 28 in the CPT’s

report

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Paragraph 30 in the CPT’s report

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Paragraph 31 in the CPT’s report

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Paragraph 32 in the CPT’s report

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Paragraph 34 in the CPT’s report

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Paragraph 35 in the CPT’s

report

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Paragraph 37 in the CPT’s report

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Paragraph 40 in the CPT’s report

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Paragraph 41 in the CPT’s report

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Side 2/100

Paragraph 42 in the CPT’s

report

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Paragraph 43 in the CPT’s report

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Paragraph 44 in the CPT’s report

..................................................................... 26

Paragraph 45 in the CPT’s report

..................................................................... 26

Paragraph 46 in the CPT’s

report

..................................................................... 27

Paragraph 47 in the CPT’s report

..................................................................... 27

Paragraph 48 in the CPT’s report

..................................................................... 28

Paragraph 49 in the CPT’s report

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Paragraph 50 in the CPT’s report

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Paragraph 51 in the CPT’s report

..................................................................... 29

Paragraph 52 in the CPT’s

report ..................................................................... 30

Paragraph 53 in the CPT’s report

..................................................................... 30

Paragraph 54 in the CPT’s report

..................................................................... 31

Paragraph 56 in the CPT’s

report

..................................................................... 33

Paragraph 57 in the CPT’s report

..................................................................... 33

C. Prison establishments ...................................................................... 35

Paragraph 61 in the CPT’s report

..................................................................... 35

Paragraph 62 in the CPT’s

report

..................................................................... 36

Paragraph 63 in the CPT’s report

..................................................................... 36

Paragraph 64 in the CPT’s report

..................................................................... 37

Paragraph 65 in the CPT’s report

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Paragraph 66 in the CPT’s

report

..................................................................... 38

Paragraph 67 in the CPT’s report

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Paragraph 68 in the CPT’s report

..................................................................... 39

Paragraph 69 in the CPT’s report

..................................................................... 40

Paragraph 71 in the CPT’s report

..................................................................... 40

Paragraph 72 in the CPT’s

report

..................................................................... 42

Paragraph 73 in the CPT’s report

..................................................................... 43

Paragraph 74 in the CPT’s report

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Paragraph 75 in the CPT’s report

..................................................................... 45

Paragraph 76 in the CPT’s

report

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Paragraph 77 in the CPT’s report

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Side 3/100

Paragraph 78 in the CPT’s report

..................................................................... 48

Paragraph 80 in the CPT’s report

..................................................................... 49

Paragraph 81 in the CPT’s

report

..................................................................... 50

Paragraph 82 in the CPT’s report

..................................................................... 50

Paragraph 83 in the CPT’s report

..................................................................... 51

Paragraph 84 in the CPT’s report

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Paragraph 85 in the CPT’s report

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Paragraph 86 in the CPT’s report

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Paragraph 90 in the CPT’s report

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Paragraph 91 in the CPT’s report

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Paragraph 92 in the CPT’s report

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Paragraph 93 in the CPT’s

report

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Paragraph 96 in the CPT’s report

..................................................................... 58

Paragraph 97 in the CPT’s report

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Paragraph 99 in the CPT’s report

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Paragraph 100 in the

CPT’s report

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Paragraph 102 in the CPT’s report

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Paragraph 104 in the CPT’s report

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Paragraph 105 in the CPT’s report

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Paragraph 106 in the CPT’s report

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Paragraph 107 in the CPT’s report

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Paragraph 111 in the CPT’s report

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Paragraph 112 in the CPT’s report

................................................................... 68

Paragraph 114 in the CPT’s report

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Paragraph 115 in the CPT’s report

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Paragraph 118 in the CPT’s report

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Paragraph 119 in the CPT’s report

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Paragraph 120 in the CPT’s report

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Paragraph 121 in the

CPT’s report

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Paragraph 122 in the CPT’s report

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Paragraph 123 in the CPT’s report

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Paragraph 125 in the CPT’s report

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Side 4/100

D. Psychiatric establishments .............................................................. 77

Paragraph 137 in the CPT’s report

................................................................... 77

Paragraph 141 in the CPT’s

report................................................................... 77

Paragraph 145 in the CPT’s report

................................................................... 79

Paragraph 146 in the

CPT’s report

................................................................... 82

Paragraph 148 in the CPT’s report

................................................................... 83

Paragraph 150 in the CPT’s report

................................................................... 85

Paragraph 151 in the CPT’s report

................................................................... 87

Paragraph 158 in the CPT’s report

................................................................... 88

Paragraph 159 in the CPT’s report

................................................................... 89

Paragraph 161 in the

CPT’s report

................................................................... 91

Paragraph 162 in the CPT’s report

................................................................... 92

Paragraph 163 in the CPT’s report

................................................................... 93

Paragraph 166 in the CPT’s report

................................................................... 94

Annex 1

–

Statistics ............................................................................... 96

Table 1. Unconditional penalty cells, Ellebæk Centre for Foreigners ......... 96

Table 2. Capacity expansions, prisons and remand prisons ......................... 96

Table 3. Number of violent incidents and threats of violence committed by

inmates against other inmates ........................................................................... 97

Table 4. Unconditional penalty cells, prisons, adults ..................................... 98

Table 5. Unconditional penalty cells, prisons, juveniles ................................ 98

Table 6. Placements in observation cell by year, Enner Mark Prison ......... 98

Table 7. Placements in observation cell, duration.......................................... 99

Table 8. Mechanical restraint in security cell by facility type ........................ 99

Table 9. Mechanical restraint in security cell by gender ................................ 99

Side 5/100

A. Police establishments

Paragraph 10 in the CPT’s report

The CPT would like to be informed of the details of the rules of police

conduct (including as regards the resort to handcuffs and other means

of coercion) with respect to persons being brought against their will to

psychiatric establishments. The Committee would also like to be in-

formed of any special training provided to police officers in this partic-

ular context.

The Danish Police Act of 29 November 2019 regulates the use of force by

police officers and stipulates that they may use force only if necessary and jus-

tified, and only by such means and to such an extent as is reasonable with a

view to the interest that the police are seeking to protect.

The Danish Police Academy has issued guidelines on the principles of use of

force by the police and conflict management. The guidelines stipulate the gen-

eral rules of and ethical standards for use of force by the police, including the

instruction of police trainees in the use of handcuffs. These principles form

the basis for the teaching of all police students. The guidelines were last revised

in April 2022. The guidelines stipulate, inter alia, that handcuffs if necessary

–

for security reasons

–

are al-ways to be applied while the person is holding

his/her hands behind his/her back. It must be ensured that the handcuffs have

not been applied to tightly. During transportation, it must be ensured that the

handcuffs cause as little inconvenience to the person as possible. In case of

longer transports, a fixation belt may be applied, which restrains the person’s

hands in front instead of behind.

In order to support the implementation of the guidelines among the police

officers in the police districts, the publication is published on the internal web-

site “POLIntra” and placed in a public library available for the entire Danish

Police. The principles of the publication are furthermore reflected and incor-

porated in all relevant further education at the Police College

–

both in basic

training in the instructors courses held for the instructors in every district in

the country. As a premise for their competence, it is mandatory that they attend

a full-day maintenance course on which their skills and knowledge are updated

and reminded. Overall, the Danish Police finds that the basic police training in

conjunction with the ongoing evaluation of the police students and the contin-

uous further training of police officers ensure that police officers are made

aware and trained in respectful treatment of citizens and in only using force

Side 6/100

when strictly necessary, and with a clear emphasis on ethics and dignity, which

meets the recommendations in paragraph 10 in CPT’s report.

Specifically, with regard to section 10 of the Police Act the police has an obli-

gation to take care of persons, who are not able to take care of themselves due

to illness, injury or other kinds of helplessness.

The police have a central role with regard to implementation of the Danish Act

of use of Force within the Psychiatry. The role of the police is to ensure lawful

use of the legislation in connection with forced admissions to a psychiatric fa-

cility and to ensure, that any means of force is only applied when necessary and

justified, and only by such means and to such an extent as is reasonable with a

view to the interest that the police are seeking to protect.

All students at the Police Academy receive basic education both theoretically

and practically in handling mentally unbalanced citizens. The students learn

how to handle and communicate with mentally vulnerable persons. The stu-

dents are introduced to mental disorders and characteristics thereof and they

receive education in the procedure for forced admission to psychiatric estab-

lishments. The theoretic education is followed up by practical exercises where

the students have to handle a person in practice who shows signs of being

mentally ill and in pacifying a dangerous, mentally ill person.

Paragraph 11 in the CPT’s report

The CPT recommends that it be recalled to all police officers, in suitable

intervals, that they should use no more force than is strictly necessary

when carrying out an apprehension and that where it is deemed neces-

sary to handcuff a person, the handcuffs must never be excessively tight

and should only be applied for as long as is strictly necessary.

Reference is made to the response to paragraph 10.

Any claims on excessive use of force can be reported to the Independent Police

Complaints Authority. The Independent Police Complaints Authority is an in-

dependent authority that handles conduct complaint cases and investigates

criminal cases involving police and prosecution service personnel.

Paragraph 12

in the CPT’s report

Side 7/100

In this context, the delegation learned with interest that a dedicated team of

officers had been tasked at Odense Police Headquarters with overseeing staff’s

compliance with the safeguards for persons in police custody.

This is an ex-

ample of a good practice which merits being adopted throughout the

country.

The Danish National Police has noted the recommendation from the CPT.

Paragraph 13 in the CPT’s report

The Committee thus reiterates its recommendation that the existing le-

gal provisions be amended so as to subject any delay in the notification

of custody to the approval of a senior police officer unconnected with

the case at hand or a prosecutor.

Pursuant to Section 2(2) of Circular no. 9155 of 18 March 2010, all persons

detained by the police have the right to inform relatives or other relevant per-

sons about the arrest. Hence, the police must without undue delay give the

detainee the opportunity to inform his closest relatives or other relevant per-

sons about the arrest.

However, pursuant to the Section 2(3) of the Circular, the detainee can be de-

nied this right temporarily or definitively, if, due to the specific circumstances

of the case, information about the arrest in itself may compromise the investi-

gation.

The police must make this decision without undue delay. If the detainee is

denied notification due to certain steps of the investigation, these steps must

be completed as soon as possible.

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. Section

2(4). Such notification must be made without undue delay. The police must

notify the detainee about the result of the notification.

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 this is crucial for

reasons of the investigation.

Side 8/100

The decision to deny or delay the detained person his/her right to inform or

to have his/her relatives or other relevant persons informed of the arrest is

made by the officer on duty or by the officer in charge of the investigation, cf.

Section 2(6).

Furthermore, the Circular stipulates that compliance with the said procedures

must be recorded in the detention report or protocol. If notification is denied

the reason for this must furthermore be noted.

The Circular is issued by the Ministry of Justice to the police and the Prosecu-

tion Service and is as such binding upon the individual police officer.

The Ministry of Justice maintained in response to the visit by CPT in April

2019, that no additional regulation is needed. However, following the remarks

made in connection to the 2019 visit, it was stated, that the Danish National

Police would stress the compliances of the Circular before the Danish police

districts.

This was stressed in a letter to the police districts dated 3 February 2021.

Paragraph 14 in the CPT’s report

The CPT recommends that the Danish authorities take appropriate

steps to prevent such delays from occurring in the future.

When the Danish police initiates a detention in accordance with Section 36 of

the Aliens Act of an alien who has not applied for asylum, the police will inform

the individual of the right to establish contact to a representation of the country

of origin.

The Danish National Police is very aware of the consular obligations of the

Danish state contained in the Vienna Convention on Consular Relations of

1963. In practice, the local Danish police departments will see to arrange con-

tact between an alien and the consular post of the country of origin if the alien

requests this or if otherwise considered relevant.

Paragraph 16 in the CPT’s report

The Committee recommends that the aforementioned lacunas as re-

gards the recording of injuries and confidentiality of medical data be

remedied.

Side 9/100

The Danish National Police has noted the recommendation from the CPT.

However, it shall be emphasized, that all employees of the police, that will have

access to such data, are bound by the duty of confidentiality and can be disci-

plined in cases of breach of this.

Paragraph 17 in the CPT’s report

The CPT reiterates its recommendation that steps be taken to ensure

that all persons detained by the police

–

for whatever reason

–

are sys-

tematically informed of their rights, orally at the time of deprivation of

liberty and through the provision, upon their arrival at police premises,

of a written information sheet setting out their rights in a simple and

accessible language. This information sheet should be available in an

appropriate range of languages. Further, detained persons should be al-

lowed to keep the information sheet with them.

According to Section 1(2) of Circular no. 9155 of 18 March 2010, persons de-

tained by the police must be informed of their rights as set out in the Circular.

The information must be given in a language the detainee can understand.

In order to ensure that all persons detained receive sufficient guidance about

their rights, the Danish National Police has issued a leaflet that outlines the

most important rights for detainees including the right to have an attorney. The

information sheet is now available in 13 languages besides Danish and is pre-

sented to the detainee by the police in addition to oral guidance.

If the detainee does not understand any of these languages, the police must

ensure that the information is given in an understandable way as soon as pos-

sible

–

possibly by an interpreter.

In exceptional cases, where it is not possible to guide the detainee before re-

lease, e.g. because an interpreter is not available, the information sheet must be

handed out in English. Observance of these requirements must be reported in

for example the detention report or protocol, cf. Section 1(3) of the Circular.

The Ministry of Justice maintained in response to the visit by CPT in April

2019 that the current regulation is adequate.

However, following the remarks made in connection to the 2019 visit, the Dan-

ish National Police would stress the compliance with the Circular before the

Danish police districts.

Side 10/100

This was stressed in a letter to the police districts dated 3 February 2021.

Paragraph 18 in the CPT’s report

The CPT reiterates its recommendation that the relevant legal provi-

sions be amended to ensure that juveniles deprived of their liberty by the

police are never subjected to police questioning or requested to make

any statement or to sign any document concerning the offence(s) they

are suspected of having committed without the presence of a lawyer.

The option “does not wish to see a lawyer” should never apply to juve-

niles.

It follows from Section 15 of the Criminal Code that actions taken by children

under the age of 15 are not punishable. However, the police have the oppor-

tunity to investigate criminal offenses committed by children under the age of

15 to identify the extent of the crime, to ascertain whether other persons may

be suspected, and to recover any stolen items or other costs. Criminal proceed-

ings against persons under the age of 15 are regulated in Chapter 75b of the

Administration of Justice Act.

It follows from Section 821 e of the Administration of Justice Act, that in cases

where a juvenile under 15 years of age has to be questioned due to suspicion

of a violation of the law, which generally results in imprisonment, or an inter-

vention is initiated, which implies

–

according to the rules of the Administra-

tion of the Justice Act

–

that a charge has been pressed against the juvenile, the

holder of the parental rights or the police can ask the court to appoint a defence

lawyer for the juvenile, in case the juvenile, depending on the character and

severity of the case, presumably has a particular need for legal assistance. It

appears from the preparatory works that the purpose of this provision is to use

it in cases of homicide or violence of a particularly dangerous character.

A suspect is entitled to select a defence lawyer, and in certain cases

–

if the

suspect does not voluntarily select a lawyer

–

a lawyer is nevertheless appointed

to the suspect by the court. If a person is charged, this person must be in-

formed of the charge and instructed that he/she is not obliged to give evidence

to the police. The police also have to instruct the suspect that it is possible to

have a lawyer appointed by the court. It must appear from the questioning

report that these rules are respected. These rules apply to all suspects including

juveniles between the age of 15 and 17.

Side 11/100

In connection with the questioning of juveniles under 18 years of age, the po-

lice have to inform the responsible local authority of the case if the charge is

about violation of the penal code or about circumstances that, according to the

law, can result in imprisonment. However, information about the questioning

can be omitted in case the juvenile caught in the act and the offence does not

lead to a heavy sentence or fine. The representative of the responsible munici-

pality must, as far as possible, be allowed to attend police questionings.

Paragraph 19 in the CPT’s report

The delegation noted as a positive development the increased recourse to elec-

tronic recording of police interviews; in fact, several police officers with whom

the delegation spoke (especially those dealing with investigating serious organ-

ised crime) expressed the view that such recording should become mandatory

in all cases.

The Committee recommends that the Danish authorities se-

riously consider taking such a step.

The Danish National Police has noted the recommendation from the CPT.

The recommendation will be included in the considerations concerning a pos-

sible expansion of the use of electronic re-cording of police interviews.

Paragraph 20 (first part)

in the CPT’s report

Persons in police custody should never be questioned by the police without

benefiting from safeguards provided for by law, in particular the right of access

to a lawyer.

The CPT

would like to receive the Danish authorities’ obser-

vations on this subject.

Reference is made to the answer to paragraph 18.

Pursuant to Section 3(1) of Circular no. 9155 of 18 March 2010, the police

must without undue delay give all detainees the opportunity to contact an at-

torney, who can serve as representation in the detainee’s case. Access to such

contact should be given in immediate connection to the detainee being brought

to the police station.

The attorney shall in accordance with the rules in Chapter 67 of the Admin-

istration of Justice Act be given access to be present during police interroga-

tions of the detainee, cf. Section 3(3) of the said circular.

Side 12/100

Compliance with the abovementioned rules must in all cases be noted. It fol-

lows from Section 3 (5) in the Circular that this can be done in for example the

detention report. If a detention report is not made, a note must be made in the

daily report or like. In order to ensure that all persons detained receive suffi-

cient guidance about their rights, the Danish National Police has issued a leaflet

that outlines the most important rights for detainees including the right to have

an attorney. The document is translated into 13 besides Danish and is pre-

sented to the detainee by the police in addition to oral guidance.

Furthermore, Order no. 467 of 26 September 1978 stipulates that when the

police charges a person with a criminal offence which under the law can result

in a more severe penalty than a fine, the police is obliged to guide the person

about his/her right to an attorney. To make sure that all persons charged and

detained are aware of their right to be assisted by an attorney during the police

interrogation, the guidance must be given no later than the guidance about the

right not to give a statement.

Pursuant to Section 71 of the Constitution a detained person must be brought

before a court within 24 hours for a preliminary examination of the case. If a

person, who is charged with a criminal offence which under the law can result

in a more severe penalty than a fine, has not requested an attorney in connec-

tion with an interrogation, the person is assigned an attorney at the latest when

he/she is brought before the court for a preliminary examination with the pur-

pose of detention on remand or upholding of the arrest, cf. Section 731(1) a of

the Administration of Justice Act. The person and the attorney will always be

given the possibility to discuss the charge and the evidence before the court’s

preliminary examination, cf. Section 764(3) of the Administration of Justice

Act.

Following the previous remarks by the CPT, the Danish National Police

stressed the importance of complying with the abovementioned rules via-á-vis

the Danish police districts.

This was stressed in a letter to the police districts dated 3 February 2021.

Paragraph 20 (second part)

in the CPT’s report

The Committee also wishes to stress that

the aforementioned introduction

of mandatory electronic recording of all police interviews (from their

very start

including the information on the suspect’s legal rights) would

help fully eradicate the practice of “informal talks”.

Side 13/100

Reference is made to the answer to paragraph 19.

Paragraph 21 in the CPT’s report

At Bellahøj Police Station, the delegation saw that both the

venterum

and the

detentioner

had windows letting in natural light.

The Committee invites the

Danish authorities to make efforts to adopt a similar design in all cells

at police stations, especially as regards newly constructed or refurbished

facilities.

The Danish National Police has noted the recommendation from the CPT.

The recommendation will be included in the considerations concerning the

requirements for interior design for the

venterum

and the

detentioner.

Paragraph 22 in the CPT’s report

The Committee recommends that the existing rules be amended so as

to introduce a two-step strip search procedure in all police establish-

ments and to ensure that searches are not performed in premises under

CCTV surveillance.

If a person in police custody is brought to a police premises, the person must

undergo a security search before being placed in detention or a holding cell,

according to article 10 of the administrative order on placing persons in deten-

tion.

During such a search the person is removed of all items, which can be used to

inflict harm to the per-son in question or other persons or items. Searches must

–

as far as possible

–

always be carried out with two police officers present,

and if the search can be regarded as an act of indecency, the search must be

carried out by police officers of the same sex as the person in question.

If the situation calls for it

–

either because of suspicion of hiding illegal og

dangerous items or based on previous experience

–

the search can be carried

out as a strip search, including all clothes being removed. Such a search will

always be regarded as an act of indecency and must be performed by po-lice

officers of the same sex as the person in question.

Side 14/100

Paragraph 23 in the CPT’s report

The CPT would like to be provided with details of these rules and, in

this context, would like to be informed whether taking away detained

persons’ eyeglasses is a routine measure or whether it is based on an

individual risk assessment.

Reference is made to the answer to paragraph 22.

Removal of eyeglasses should only take place based on an individual risk as-

sessment, where it is as-sessed that the eyeglasses could pose a risk for the

security of the person in question or others.

Side 15/100

B. Immigration detention establishment

Paragraph 25 in the CPT’s report

The Committee therefore recommends that the relevant legislation be

amended in order to introduce a proportionate absolute time-limit for all

cases of detention under aliens legislation, including under Sections 14

and 15 of the Return Act.

Section 14 of the Danish Return Act concerns individuals expelled from Den-

mark by judgement.

Foreign nationals may be remanded into custody under Section 14 if necessary

to ensure their presence during criminal proceedings, appeal, or pending re-

turn.

The provision applies where rules of the Danish Administration of Justice Act

on detention do not allow continued custody after conviction, e.g. in cases of

conditional sentences or when the sentence is served by prior detention. Re-

mand may also be ordered after serving a sentence, if removal cannot take place

immediately. It may be upheld until the return order is enforced, provided there

is a reasonable prospect of removal within a foreseeable timeframe.

The provision does not apply to foreigners with permanent residence in Den-

mark, nor if the person is highly likely to be granted asylum.

Remand into custody under Section 14 of the Danish Return Act is subject to

judicial review and must comply with the principles of proportionality and ne-

cessity.

Danish law ensures that all cases involving deprivation of liberty are promptly

reviewed by the court. If an individual expelled by judgement is not released

within 24 hours of the initial deprivation of liberty, a judge must review the

decision. If the remand is upheld, the court must set a time limit for its contin-

uation. This time limit may only be extended by the court in increments of no

more than four weeks at a time, in accordance with Section 14(3) of the Danish

Return Act, cf. Section 767(1) of the Danish Administration of Justice Act.

When reviewing the duration of remand, the court takes into account the prin-

ciple of proportionality and Denmark’s international obligations. Each

Side 16/100

individual is assigned legal counsel in accordance with Section 14(3) of the

Danish Return Act; cf. Section 731(1)(a) of the Danish Administration of Jus-

tice Act, and the court rules on the lawfulness of the remand in accordance

with Section 14(1) or 14(2) of the Danish Return Act.

These safeguards ensure that remand into custody under the Danish Return

Act is subject to strict judicial oversight and remains in compliance with Den-

mark’s international human rights commitments.

Similar procedural safeguards apply under Section 15 of the Danish Return

Act, including judicial oversight and the right to legal counsel.

Paragraph 26 in the CPT’s report

Whilst welcoming this policy,

the CPT wishes to reiterate its view that

–

line with a continuing trend at the European and international level

–

measures should be taken to fully abolish immigration detention of mi-

nors.

As a matter of practice, the administrative detention of minors is not used,

except in highly exceptional cases and only as a measure of last resort for the

shortest possible time. The safeguards and overall principle indicated under

paragraph 25 also applies to minors, as Danish law does not differentiate be-

tween adults and minors in the wording of the legislation.

There have been cases in which minors subject to a deportation order follow-

ing a criminal conviction have been remanded in custody under Section 14 of

the Return Act. In such cases, detention typically takes place in surrogate cus-

tody, unless the Danish Prison and Probation Service deems this insufficient,

for example, due to a history of escape attempts.

These practices reflect Denmark’s commitment to ensuring that detention of

minors, where applied, remains an exceptional measure subject to strict safe-

guards and in compliance with international human rights standards.

Paragraph

27 in the CPT’s report

The average stay at Ellebæk Centre was 28 days and the median length was 14

days (both figures referring to the year 2023). Foreign nationals were frequently

held there for much longer periods. Of the persons accommodated at Ellebæk

Side 17/100

Centre at the time of the visit, 17 had been held there for more than 2 months

and 5 for more than 8 months. One person had been at Ellebæk Centre for 19

months. In this context,

reference is made to recommendation in paragraph

25 above.

Under this point, reference is made to the response provided under paragraph

25. Additionally, Denmark is considering it appropriate to maintain the ability

to assess each case individually, taking into account the specific circumstances

of each case. This includes the possibility of continued detention when neces-

sary to ensure the individual’s presence, while fully respecting Denmark’s in-

ternational obligations.

Paragraph 28 in the CPT’s report

The Committee recommends that it be recalled to all staff working at

Ellebæk Centre, in suitable intervals, that any form of ill-treatment of

detained foreign nationals (including verbal abuse) is illegal, unaccepta-

ble and will be punished accordingly

The Danish Prison and Probation Service would like to call attention to the

fact that Ellebæk Centre for Foreigners maintains an unceasing focus on en-

suring a professional and appropriate communication with all detained foreign

nationals.

If a staff member fails to meet the proper communication standards, an HR

investigation on misconduct will be initiated immediately.

Furthermore, Ellebæk Centre for Foreigners has been instructed to address the

issue regarding potential ill-treatment of detained foreign nationals on up-com-

ing staff meetings.

Finally, Ellebæk Centre for Foreigners has not had any registered complaints

from detainees regarding inappropriate language etc. from staff members in

the time period between the committees visits in 2019 and 2024 and after.

Paragraph 30 in the CPT’s report

When made aware of the problem, the Director of Ellebæk Centre assured the

delegation that all the lockers would be repaired without delay.

The CPT

would like to receive confirmation that this has indeed been done.

Side 18/100

The Prison and Probation Service can confirm that the personal lockers

(“safety boxes”) at Ellebæk

Centre for Foreigners have been repaired. The cen-

tre is aware of ongoing issues with the safety boxes, mostly due to vandalism,

and is considering solutions to prevent this.

Paragraph 31 in the CPT’s report

The CPT recommends that the Danish authorities take steps to elimi-

nate all prison-like features at Ellebæk Centre, taking into account the

above remarks.

Firstly, it should be noted that the facilities of Ellebæk Centre for Foreigners

have undergone significant modernisation with the purpose of reducing the

prison-like environment.

Secondly and by reference from the applicable aliens’ legislation, detainees at

Ellebæk Centre for Foreigners are subject to the rules on remand custody,

which obligates the prison service to prevent the possibility of evasion. Conse-

quently, high fences, barbed wire, barred doors and similar security measures

have been installed, as less intrusive measures have previously proven insuffi-

cient to mitigate the risk of evasion.

For instance, barred doors are installed at Ellebæk Centre for Foreigners pri-

marily for the purpose of sectioning and separating detainees, hereby ensuring

that individuals are appropriately accommodated, based on factors such as se-

curity risks, behaviour and needs. This also enhances security at the centre by

preventing potential conflicts between detainees and reducing the risk of vio-

lent incidents.

Regarding security measures, the staff members are equipped with the standard

security equipment as prison officers are for general tasks in order to ensure

the safety of both detainees and staff members at the centre.

Paragraph 32 in the CPT’s report

The Director of Ellebæk Centre told the delegation that she was aware of the

problem and was trying to find a way to accommodate couples together (unless

one of them opposes).

The Committee requests to be informed whether

such a solution has now been found.

Side 19/100

Ensuring family accommodation at Ellebæk Centre for Foreigners is of high

priority. The Danish Prison and Probation Service is currently in the process

of establishing a smaller section within the centre for the accommodation of

families and couples. Separate accommodation for families is expected to be

completed in the course of 2025-2026.

Paragraph 34 in the CPT’s report

The CPT recommends that the management of Ellebæk Centre step up

their efforts to expand the offer of organised activities, in particular for

those detained foreign nationals who remain at the establishment for

more than a few weeks.

Further,

steps should be taken to ensure that

detained foreign nationals are duly informed, in a language they under-

stand, of the existing offer of activities and the relevant procedures.

Ellebæk Centre for Foreigners is currently employing two pedagogical assis-

tants that work daily with and among the detainees. They have a particular

focus on detainees, who have been at the centre for a longer period.

Detainees have scheduled activities at Ellebæk. However, the assistants will

strive to ensure and take into account requests from the detainees regarding

other hobbies or sports activities in their planning of daily operations at the

centre.

Daily communication with the detainees is mainly in English. However, if the

assistants experience language barriers with some detainees, they have the op-

portunity to use electronic translation devices or ask another detainee, an em-

ployee or an interpreter to assist with translation to an understandable lan-

guage. Detainees are not excluded from leisure activities due to language bar-

riers.

Paragraph 35 in the CPT’s report

The Committee reiterates its recommendation that the Danish authori-

ties take the necessary steps to ensure that all detained foreign nationals

have in principle free access to an appropriate outdoor area throughout

the day, including on weekends.

As of January 2025, Ellebæk Centre for Foreigners has established a secured

outdoor area, granting detained foreign nationals free access to an outdoor

space in the period between 9 AM and 6 PM. The centre is currently planning

Side 20/100

to install exercise stations in the new secured outdoor area in the course of

2025. In addition, the detainees are allowed outdoor access 2x30 minutes a day

in a larger outdoor area. This applies to both men and women accommodated

at the centre.

Paragraph 37 in the CPT’s report

The CPT invites the Danish authorities to strive to ensure that health-

care staff (e.g.

coming from a nearby prison) can be called to Ellebæk Centre also at

night, on weekends and during public holidays, whenever a detained

foreign national is placed in solitary

confinement or in “special observa-

tion” (i.e. to prevent suicide or self-harm).

Regarding the distribution of

medicines by medically untrained custodial officers, reference is made

to the comments and recommendation in paragraph 42 below.

At night, on weekends and during public holidays, Ellebæk Centre for Foreign-

ers can request medical help for the evaluation of a detainee, placed under spe-

cial observation or in solitary confinement, from the medical help line (“1813”)

in the Capital Region of Denmark. Custodial staff at Ellebæk centre assess

whether the medical helpline should be contacted or consultation can await the

presence of a nurse on weekdays between 08:00 a.m. to 03:30 p.m. The custo-

dial staff can also call the nurse at Western Fængsel that is on duty 24 hours a

day.

The custodial staff also has the possibility of calling emergency services (“112”)

in the event of acute life-threatening illness or injury.

The Danish Prison and Probation Service has an ongoing focus on strength-

ening the custodial staff's qualifications in working with mentally vulnerable

inmates. Since 2023, the compulsory three-year basic training for all prison of-

ficers has had a significantly bigger focus on dealing with these inmates. Fur-

thermore, in 2024, the prison service launched an e-learning course and a 2-

day course on mentally vulnerable inmates, which custodial staff can take as

part of their on-going professional development.

Reference is also made to the responses to paragraph 49 and 51. As for the

distribution of medicine, reference is made to the response to paragraph 42.

Side 21/100

The Danish Prison and Probation Service finds that the health-care coverage

at Ellebæk Centre for Foreigners in this regard is adequate and sufficient, in-

cluding at night, on weekends, and during public holidays.

Paragraph 40 in the CPT’s report

Consequently,

the CPT calls upon the Danish authorities to ensure that

all detained foreign nationals newly admitted to Ellebæk Centre benefit

from a prompt physical examination carried out by a doctor or a nurse

reporting to a doctor.

Regarding the manner in which the examination should be carried out

and any observed injuries recorded, the Committee reiterates its recom-

mendation that the record drawn up after a medical examination of a

detained foreign national (whether newly arrived or not) contains:

an account of statements made by the person which are rel-

evant to the medical examination (including his/her description of

his/her state of health and any allegations of ill-treatment);

a full account of objective medical findings based on a thor-

ough examination (supported by

a “body

chart”

for marking traumatic

injuries and, preferably, photographs of injuries), and

ii)

the health-care

professional’s observations in the light of i)

and ii), indicating the consistency between any allegations made and

the objective medical findings.

iii)

Acknowledging that such cases were very rare at Ellebæk Centre,

the CPT

nevertheless wishes to emphasize that whenever injuries are recorded

which are consistent with allegations of ill-treatment made by a detainee

(or which, even in the absence of an allegation, are clearly indicative of

ill-treatment), health-care staff should be instructed to systematically

bring the record to the attention of the relevant investigatory authorities.

Health-care staff should further advise detained foreign nationals that

the forwarding of the report to the relevant investigatory authorities is

not a substitute for the lodging of a complaint in a proper form.

All detainees at Ellebæk Centre for Foreigners are offered an initial health as-

sessment by a nurse upon arrival and no later than the first coming weekday.

This assessment includes a somatic and mental health status.

The nurse's initial health assessment covers 12 key areas to systematically eval-

uate and document a patient’s condition, including functional level

and

Side 22/100

mobility, nutrition, skin and mucous membranes, pain and sensory perception,

respiration and circulation, and psychosocial factors such as family relations

and substance abuse. This structured approach ensures a comprehensive un-

derstanding of the patient’s

health and needs. The purpose of the initial medical

assessment is to identify potential physical and psychiatric problem areas.

Based on the assessment, the nurse can prioritise critical issues first, ensuring

a targeted and timely intervention.

If the nurse, in consultation with the patient, finds it indicated to involve the

doctor, the doctor will assess the patient and perform the relevant medical ex-

amination, including e.g. a medical history review, a physical examination, di-

agnostic tests if needed (blood tests, imaging, ECG). It may also involve

screenings for chronic diseases and preventive care. Based on the findings, the

doctor provides a diagnosis and treatment plan. Furthermore, ongoing medical

treatment is followed up on, including medical prescriptions. Finally, dental

status is assessed.

Injuries are objectively and thoroughly described and documented along with

the detainee’s account of the incident. The purpose being to diagnose, treat

and care for the injury and thus a “body chart” is not

relevant.

Based on the above the Danish Prison and Probation Service finds that the

initial medical screening conducted by a nurse is adequate and sufficient for

timely provision of somatic and mental health care.

As regards the recommendation that health-care staff should be instructed to

systematically bring the record to the attention of the relevant investigatory

authorities, the Danish Prison and Probation Service would like to call atten-

tion to the fact that healthcare staff are subject to a duty of confidentiality. This

means that they must not pass on confidential information about their patients

to others, including other authorities.

If the healthcare staff becomes aware that the detainee may have been a victim

of a criminal offence, the staff is required to advise the detainee of the possi-

bility of submitting a report to the appropriate authority. The Danish Prison

and Probation Service will disclose relevant information from patient records

to the relevant investigatory authority if the detainee has consented to this, or

if there is another legal basis for the disclosure of health information.

The Danish Prison and Probation Service will ensure that these procedures are

well known to the staff.

Side 23/100

As for the initial health assessment, reference is also made to the response in

paragraph 74.

Paragraph 41 in the CPT’s report

In the light of the above,

the Committee reiterates its recommendation

that specific screening aimed at identifying victims of torture and other

persons in situation of vulnerability be put in place at Ellebæk Centre

(unless the results of any such screening carried out prior to the de-

tainee’s admission are made available to health-care

staff working at the

establishment) and that appropriate treatment and care be provided

when necessary.

The CPT further recommends that the Danish authorities seek alterna-

tives to immigration detention for certain vulnerable categories of per-

sons, including victims of torture and trafficking and persons suffering

from severe mental disorders.

At Ellebæk Centre for Foreigners, which houses a majority of detained mi-

grants in Denmark, the staff is aware of the fact that detained migrants often

find themselves in an unresolved and difficult situation that can lead to special

physical and mental needs for medical examination and treatment.

Since 2020, the Danish Prison and Probation Service has introduced an en-

hanced admissions procedure in the centre in order to ensure a timely system-

atised and standardised uncovering of certain psychiatric conditions and of su-

icide risk. The admissions procedure is carried out primarily by custodial staff

and in some cases by the nurses in Ellebæk Centre for Foreigners and is based

on the manual, used in connection with admission to prisons and remand pris-

ons.

The health-care staff at Ellebæk Centre for Foreigners are attentive to the fact

that detainees might potentially have been subjected to abuse, violent trauma

or torture, even in cases where the person

–

when directly questioned

–

denies

it.

The health-care staff has received special training to this effect and are thus

aware of the fact that mental and physical trauma can manifest as aches and

pains from various parts of the body. They are attentive to the detainee’s reac-

tion to confinement, degree of strains, affective reactions, and offers support

Side 24/100

when needed. Thus, an individual and concrete assessment of the health of

detainees is made on an ongoing basis.

Paragraph 42 in the CPT’s report

The CPT therefore reiterates its recommendation that prescribed medi-

cines, as a rule, only be prepared at Ellebæk Centre and distributed by

qualified health-care staff. If, very exceptionally, a daily presence of

health-care staff is not possible, steps must be taken to ensure that indi-

vidual medicine doses are at least prepared exclusively by a health-care

professional and their distribution respects as far as possible the pre-

cepts of medical confidentiality.

The medical staff at Ellebæk Centre for Foreigners exclusively prepare medi-

cine prescribed by a doctor. However, ordinary over-the-counter medicine as

paracetamol can be administered by the custodial staff in case of urgent need.

Distributing medicine to detainees is handled by custodial staff who are trained

as medical assistants in accordance with the Danish rules on delegation of

health care. Custodial staff that act as a medical assistant must have access to

health information in order to distribute medicine.

As mentioned in the response to paragraph 82 the person who distributes med-

icine is, according to guidelines from the Danish Board of Patient Safety, re-

sponsible for checking that the number of pills on the medicine list matches

the pills distributed. To increase patient safety, a handheld scanner has recently

been introduced in the Danish Prison and Probation Service. The scanner is

used by the custodial staff, including at Ellebæk Centre for Foreigners, and

contains information relevant to insure safe distribution of medicine.

The custodial staff is however, not made aware of the reason why an inmate

must be handed the medicine in question, as information on prescription med-

icine and a person’s possible diagnosis is confidential information only known

by the healthcare staff.

The Danish Prison and Probation Service finds that the above-mentioned pro-

cedures sufficiently respect the balance between maintaining confidentiality

and securing proper distribution of medicine.

Paragraph 43 in the CPT’s report

Side 25/100

The Director of Ellebæk Centre acknowledged that the existing procedure was

incompatible with the principle of medical confidentiality and informed the

delegation that detained foreign nationals would shortly be enabled to make

requests for medical consultations using sealed envelopes.

The Committee

would welcome the Danish authorities’ confirmation that the modified

procedure has now been introduced.

The Danish Prison and Probation Service can confirm that it is now possible

to hand in requests for seeing a doctor or a nurse in a closed envelope to cus-

todial staff in Ellebæk Centre for Foreigners.

Paragraph 44 in the CPT’s report

The Committee would welcome the Danish authorities’ confirmation

that the modified procedure has now been introduced.

Currently, there is a shortage of prison officers in the Prison and Probation

Service for Eastern Denmark

–

and therefore occasionally overtime and extra

shifts for many prison officers in order to ensure compliance with safety and

order in the institutions and in order to handle other primary tasks, e.g. case

management and socialising efforts.

In order to deal with the shortage of prison officers, the Prison and Probation

Service for Eastern Denmark focuses on a daily basis on the planning of staff-

ing across the institutions in the area in order to ensure the sufficient staffing

on all locations, including at Ellebæk Centre for Foreigners.

The Prison and Probation Service and the trade union of the prison officers

cooperate on a regular basis in monitoring the compliance with applicable

working time rules.

Further reference is made to the response to paragraph 90.

Paragraph 45 in the CPT’s report

The Committee reiterates its recommendation that all staff (in particular

custodial officers) working at Ellebæk Centre be given specific training

for this task. The training should aim at developing staff’s inter-cultural

sensitivity and interpersonal communication and psycho-social skills in

the context of immigration detention. Staff should further be taught to

recognise possible symptoms of stress, vulnerabilities and previous

Side 26/100

experience of traumatisation displayed by detained persons and to take

appropriate action.

The Prison and Probation Service is considering setting up an education pro-

gramme for custodial staff working at Ellebæk Centre for Foreigners, i.e. a

programme where intercultural understanding, practices and tools would be in

focus.

Paragraph

46 in the CPT’s report

The CPT

reiterates its view that the ethos of an immigration detention estab-

lishment should not be carceral and therefore

recommends that staff work-

ing within immigration detention facilities should not routinely carry

“special means” (including handcuffs and pepper-spray)

whilst inside

the accommodation areas.

Further,

steps should be taken to ensure that custodial officers are always

identifiable, preferably by wearing name tags or short identification

numbers in a visible manner at all times whilst on duty.

The detainees in Ellebæk Centre for Foreigners are not allowed to leave the

facility, and they are subject to a safety regime that resembles remand prisons.

However, the detainees in Ellebæk are at no time locked inside their living

quarters. Consequently, they can walk around freely amongst the staff and

other detainees. It is therefore deemed necessary as a safety precaution that the

staff carry pepper spray and handcuffs at all times.

Concerning the recommendation on identification of custodial officers, all em-

ployees of the Danish Prison and Probation Service must always wear a visible

ID card when present at the workplace. This will be complied with at Ellebæk

Centre for Foreigners.

Paragraph 47 in the CPT’s report

The CPT reiterates its recommendation that disciplinary solitary con-

finement should never be imposed for more than 14 days for a given of-

fence (and should preferably be shorter). Whenever an additional period

of disciplinary solitary confinement is imposed on a detained foreign

national, there should be an interruption of several days between the two

placements.

Side 27/100

Reference is made to the response below regarding paragraph 92 on the new

disciplinary penalty system, which also applies to detained foreign nationals at

Ellebæk Centre for Foreigners.

For development in the use of solitary confinement as a disciplinary measure

(penalty cell) specifically at Ellebæk Centre for Foreigners, reference is made

to Annex 1, table 1.

Paragraph 48 in the CPT’s report

In particular, as was the case in some of the penitentiary establishments visited,

detained foreign nationals only received a copy of the disciplinary decision

upon their request.

The CPT reiterates its recommendation that detained

foreign nationals placed in disciplinary solitary confinement always re-

ceive a copy of the disciplinary decision in order to facilitate the exercise

of their right to appeal.

Reference is made to the response below regarding paragraph 96 on copies of

disciplinary decisions, as this also applies to detained foreign nationals at El-

lebæk Centre for Foreigners.

Paragraph 49 in the CPT’s report

The Committee reiterates its recommendation that, in addition to an in-

itial visit immediately after the person’s placement, health-care

staff

should visit detained foreign nationals in disciplinary solitary confine-

ment regularly thereafter at least once per day (including on weekends

and public holidays) to timely provide the required medical care. Refer-

ence is further made to the recommendation in paragraph 37 to enhance

the availability of nurses on non-working days.

Any detainee in solitary confinement has the possibility of being attended by

healthcare staff, incl. a doctor.

The Danish Prison and Probation Service has an ongoing focus on strength-

ening the custodial staff's qualifications in working with mentally vulnerable

inmates. Since 2023, the compulsory three-year basic training for all prison of-

ficers has had a significantly bigger focus on dealing with these inmates. Fur-

thermore, in 2024, the prison service launched an e-learning course and a 2-

day course on mentally vulnerable inmates, which custodial staff can take as

part of their on-going professional development.

Side 28/100

Following internal guidelines, disciplinary solitary confinement can be inter-

rupted if the prisoner’s physical or mental well-being

deteriorates. Consultation

with healthcare personnel is advised in such cases. Furthermore, the discipli-

nary solitary confinement should only be resumed if it is justified in terms of

the prisoner’s well-being.

As for availability of health staff on non-working days, reference is made to

the response to paragraph 37.

Paragraph 50 in the CPT’s report

In this context,

the Committee refers to the remarks and recommendation

in paragraph 118 below, which apply fully also to detained foreign na-

tionals accommodated at Ellebæk Centre.

Please refer to the responses to paragraphs 114-115 and 117-118.

Paragraph 51 in the CPT’s

report

The CPT reiterates its recommendation that the placement of a detained

foreign national in an “observation cell”, as well as its continuation, only

be carried out upon the authorisation of a medical doctor. Reference is

again made to the recommendation in paragraph 37 above to enhance

the availability of nurses on non-working days.

Custodial staff can according to the same procedures as in the penitentiary es-

tablishments place a detained foreign national under special observation in an

observation cell e.g. if they are concerned that the detainee might attempt self-

harm or suicide. Within office hours, a nurse is called immediately after. If

needed the nurse can refer the detainee to assessment by a doctor or psycholo-

gist. Reference is made to the response to paragraph 37.

The custodial staff check on the detainee regularly during the time in observa-

tion cell and the frequency is set depending on an individual assessment. All

observations are documented. If a detainee actively attempts self-harm or sui-

cide after being placed in an observation cell and cannot be handled at Ellebæk

Centre for Foreigners, the detainee will be transferred to Western Prison to be

placed in a security cell.

Side 29/100

As mentioned in responses above, including to par. 49, the Danish Prison and

Probation Service makes a continuous effort to enhance the qualifications of

custodial staff in managing mentally vulnerable inmates, including during the

basic prison officer training.

The Danish Prison and Probation Service finds that the above-mentioned pro-

cedures on the use of observation cells is suitable to ensure the safety of de-

tainees.

To further enhance the general and long-term safety of detainees, the Danish

Prison and Probation Service is currently working on updating and promoting

guidelines and procedures on self-harm and suicide prevention.

Paragraph 52 in the CPT’s report

The CPT reiterates its recommendation that such detainees be always

provided with rip-proof clothing appropriate to their specific needs.

The Danish Prison and Probation Service has a strong focus on preventing

self-harming behaviour among the detainees. A detainee may be placed in an

observation cell if special observation is required. This can be done, among

other things, in order to prevent self-harm.

If, after a specific assessment in the individual case, it is estimated that it is

necessary in order to prevent a detainee who is placed in an observation cell to

do harm to himself/herself, the detainee can pursuant to section 20(2) of the

Executive Order on exclusion from community be asked to undress so that

the clothes cannot be used for self-harming behavior. The undressing entails

that the detainee must, as a minimum, wear the institution's underpants or a

blanket. If the detainee is only wearing underwear, the detainee will be offered

a blanket.

When the risk of self-harm has decreased sufficiently, the detainee must be

given his own clothes back.

The Danish Prison and Probation Service continuously monitors best practices

within this area in relevant countries to assess whether such experiences can

possibly be transferred to a Danish context.

Paragraph 53 in the CPT’s report

Side 30/100

The CPT recommends that steps be taken to offer detained foreign na-

tionals accommodated at Ellebæk Centre better access to the telephone,

preferably by allowing them to keep (or at least have regular access to)

their own mobile phones. If necessary for reasons of security, detained

foreign nationals could be allowed to keep mobile phones provided the

phone has no camera. For mobile phones equipped with a camera, the

rule could be that detained foreign nationals may only use them in a

dedicated room and/or under staff supervision. Further, detainees at El-

lebæk Centre should be provided with access to the Internet (restricted

if needed) and to video calls on a free-of-charge basis.

The current legal framework prohibits detainees from using mobile phones in

remand prisons. As Ellebæk Centre for Foreigners is subject to the same rules

and regulations, the detainees are not allowed to access and use their personal

mobile phones at the centre. However, the prison and probation service would

like to reaffirm that detainees have the option of using telephones installed at

the corridors at Ellebæk with phone cards, which can be purchased at the shop

located at the centre.

Ellebæk Centre for Foreigners is currently working on a solution to provide

detainees with access to the internet, thereby enhancing their possibility of con-

tact with the outside world. This project is expected to be completed by the

end of 2025.

Paragraph 54

in the CPT’s report

In this context,

the CPT reiterates its recommendation that steps be taken

to ensure that all detained foreign nationals accommodated at Ellebæk

Centre be provided with a copy of the detention order, including infor-

mation on the grounds for detention and the modalities to lodge an ap-

peal. Detained foreign nationals who do not understand Danish should

further receive in writing at least a summary of the detention order in a

language and manner they understand.

Further,

the Committee would

like to be provided with a detailed and comprehensive account of all

written information given to detained foreign nationals (including by the

police, the Danish Return Agency and the Danish Refugee Council).

With regard to written information in general and possibilities for detainees to

be made aware of the legal procedures affecting them, reference can be made

to the CPT’s statements under paragraph 55.

The information brochure, given

to a detainee by the prison and probation service as part of the admissions

Side 31/100

procedure, contains general information about the rules at Ellebæk Centre for

Foreigners and other relevant information, including information on the de-

tainees’ rights and responsibilities, as well as appeal options in regards

to deci-

sions made in Ellebæk Centre for Foreigners.

The brochure does not contain appeal options related to the detention order,

as this is contained in the information given by the authorities responsible for

the detention.

Further, the Danish Return Agency is present at Ellebæk Centre for Foreigners

on a daily basis and is available for meetings with the detainees. Ellebæk Centre

for Foreigners will increase focus on informing about the possibility to get in

contact with representatives from the Danish Return Agency.

The Danish Return Agency does not deliver court documents or police deten-

tion notices. However, in some cases, the Agency may be responsible for serv-

ing decisions on behalf of other authorities, such as administrative return or-

ders, final rejections of asylum, and entry bans. This is typically done with in-

terpreter assistance.

These procedures are in place to make sure that people held in detention are

told clearly why they are being detained, in a language they understand, and

that they have access to relevant legal information about their case.

When a foreign national is detained under the Danish Aliens Act in accordance

with Section 36, the police will provide the individual with oral information

and guidance in a language the individual understands at the very outset of the

deprivation of liberty. This entails an oral explanation on the specific grounds

for detention under the different paragraphs pursuant to Section 36 of the

Danish Aliens Act. The individual will also receive oral information on the

modalities to lodge an appeal, information about the right to contact the rep-

resentation of his/her country, and that he/she (if being an asylum seeker) has

the right to contact the Danish Refugee Council. Furthermore, the police will

also at the very outset of the deprivation of liberty provide the individual with

a copy of the standard form P612-20 (enclosed) with the abovementioned in-

formation.

The police must provide the alien a written translation of the decision in a

language that the individual understands. Against this background, a standard

form for the deprivation of liberty has been drawn up. The form is available in

13 languages. If the foreign national speaks a language to which the form has

Side 32/100

not been translated, an interpreter will be used. Furthermore, it will be noted

whether the form has been handed over in a language that he/she understands

or whether the Danish version has been handed out.

The Danish National Police will stress to the Danish police districts to use the

mentioned P612-20 standard form in any relevant cases of deprivation of lib-

erty of foreign nationals.

Paragraph 56 in the CPT’s report

The CPT recommends that the information brochure at Ellebæk Centre

be amended so as to eliminate the aforementioned lacunas.

Ellebæk Centre for Foreigners will revise the information brochure during

2025. This includes adding a section describing the possibilities to complain,

including options for other than disciplinary decisions. The brochure will also

contain information about the possibility to get paper, a pen as well as an en-

velope upon request if a detainee wishes to file a complaint.

Furthermore, Ellebæk Centre for Foreigners will integrate as a part of the ad-

mission procedure that new detainees are also given verbal information on ar-

rival about their complaint options, e.g. on how to file a complaint to the Par-

liamentary Ombudsman.

Complaint mailboxes are available in the units. The mailboxes are emptied on

a daily basis by the head of unit, which gives a swift handling process.

Paragraph 57 in the CPT’s report

The Committee recommends that such a register be set up. Further, all

staff (including custodial officers) should be instructed to duly report to

the Director (or another authorised member of the management) all ver-

bal complaints received from detained foreign nationals which cannot

be resolved on the spot.

The Department of the Danish Prison and Probation Service notes that a na-

tional complaints register exists as regards to complaints on judicial decisions

regarding i.e. leave, visitation, disciplinary measures etc. These cases and com-

plaints are registered and processed in the Prison and Probation Service’s Cli-

ent Management System (Klientsystemet), which is used at Ellebæk Centre for

Foreigners as well as in all prisons and remand prisons.

Side 33/100

For complaints concerning personnel, reference is made to the response re-

garding paragraphs 124-125.

Side 34/100

C. Prison establishments

Paragraph 61 in the CPT’s report

The CPT calls upon the Danish authorities to step up their efforts to

ensure that all prisons operate within their official capacities. Further,

efforts to manage the prison population should be increased, taking due

account of the relevant Recommendations of the Committee of Minis-

ters of the Council of Europe, including Recommendation No. R(99)22

concerning prison overcrowding and prison population inflation, Rec-

ommendation Rec(2006)13 on the use of remand in custody, the condi-

tions in which it takes place and the provision of safeguards against

abuse, Recommendation Rec(2003)22 on conditional release (parole),

Recommendation CM/Rec(2010)1 on the Council of Europe probation

rules, Recommendation (2014)4 on electronic monitoring and Recom-

mendation CM/Rec(2017)3 on the European Rules on community sanc-

tions and measures. A comprehensive strategy and action plan must be

drawn up to achieve this goal, including precise deadlines and budget

allocations.

The CPT would like to be informed of the progress in devising such a

strategy and action plan. The Committee would also like to receive more

detailed information on the abovementioned Parliament decision to in-

crease budget allocations for the judicial system.

For a number of years the Danish Prison and Probation Service has been chal-

lenged by a high number of inmates. In order to address the capacity chal-

lenges, the multi-year

agreement for the penitentiary’s finances for the period

2022-2025 includes a number of initiatives, which intend to alleviate the short-

age of prison and remand prison capacity in both short and long term. Among

other things, several major capacity expansions have been decided, including

50 new cells in Ringe Prison as of February 2025, and 200 new cells in Sdr.

Omme Prison, which are expected to be ready for use by the end of 2025. In

addition, the establishment of a new remand prison with 400 cells in Slagelse,

a new prison with up to 400 cells in Viborg, and the rental of 300 cells in Gjilan

Prison in Kosovo are included as part of the multi-year agreement. Please refer

to Annex 1, table 2, for a more detailed overview.

With these capacity expansions, it is expected that the overcrowding can be

reduced in the long term, provided that it is simultaneously possible to increase

the number of prison officers.

Side 35/100

It is expected that the government will present a penal reform during 2025,

which among other things will include measures to ensure further capacity and

staffing in the future.

Paragraph 62 in the CPT’s report

The Committee requests to be provided, in due course, with the text of

the Co-operation Agreement implementing the aforementioned treaty.

A copy of the co-operation Agreement between the Danish Prison and Proba-

tion Service and the Kosovo’s Correctional Service has been sent to the CPT-

secretariat following the signing of the agreement, which took place on 31 Jan-

uary 2025.

Paragraph 63 in the

CPT’s report

Although the delegation could ascertain that these complaints had all been duly

followed and investigated by the respective prison Directors,

the CPT recom-

mends that it be recalled in suitable intervals to all prison officers

–

particular at the Western Prison and Nyborg Prison

–

that no more force

than is strictly necessary should be used to control prisoners. Further,

custodial staff should be remained that they should always refer to pris-

oners in a polite and respectful manner.

In this context, the delegation noted with interest the practice developed at

Enner Mark Prison, consisting of monthly reviews of all instances of use of

force by staff. The reviews were carried out by the establishment’s health and

safety department, with a view to analysing how such incidents could be

avoided or at least better handled in the future.

The Committee invites the

Danish authorities to extend this positive practice to all other prisons.

The Prison and Probation Service has a compulsory educational programme

for uniformed personnel concerning the use of force and conflict management.

Each employee is trained once a year. Each training session lasts 7.4 hours.

The content of the educational programme includes:

•

Use of force and self-defence

•

Conflict understanding and communication

•

Scenarios, including de-escalating communication

Side 36/100

In addition, the Prison and Probation Service has established a prevention and

mediation corps and plans to introduce mediation between prisoners and

prison officers to strengthen the work environment as well as the prison envi-

ronment for the inmates.

The Ministry of Justice is currently working on an amendment to the Danish

Sentence Enforcement Act, which would clarify that force can only be used

against prisoners when it is deemed strictly necessary.

Paragraph 64 in the CPT’s report

In order to facilitate the oversight of inter-prisoner violence,

the CPT recom-

mends that dedicated incident registers be set up in every prison in Den-

mark. It would also be advisable to compile more detailed statistics of

incidents, e.g. specifying the type of the violence involved (verbal or

physical) and its severity. Such statistical information could be first of

all collected in each prison and then on the regional and national level.

The Danish Prison and Probation Service has an incident register regarding

Violence and Threats in our Client Management System where the prison staff

has to report violent incidents and threats of violence between inmates, which

is therefore gathered in

–

and can be analysed for

–

each prison. Please refer

to Annex 1, table 3, for an overview of the data.

Paragraph 65 in the

CPT’s report

The Committee invites the Danish authorities to look into this matter.

The delegation was impressed by the initiative of opening supermarket outlets

at Nyborg and Enner Mark Prisons, where inmates could make their shopping

almost in the same manner as people in the outside community;

this is a pos-

itive practice that could usefully be expanded to other prisons.

The Danish Prison and Probation Service supplies inmates placed in remand

prisons or special wards in prison with ready-made meals produced and frozen

in one of our three kitchen facilities. The meals provided are based on an ad-

ministrative regulation regarding the required diet for inmates, which has a cor-

responding meal plan with a menu consisting of 21 different meals produced

in a continuous cycle with variations depending on the season.

The Danish Prison and Probation Service is currently in the process of updat-

ing the administrative regulation and meal plan, in order to adhere to the

Side 37/100

renewed national Danish dietary guidelines by the Danish Veterinary and Food

Administration. As part of this process, the Danish Prison and Probation Ser-

vice will make adjustments to make the meal plan more sustainable and adhere

to cultural and religious restrictions as well as allergies (e.g. lactose intolerance).

Paragraph 66 in the CPT’s report

In the Committee’s view, in terms of infrastructure and material conditions

Enner Mark Prison should serve as a reference for the whole prison sys-

tem.

Since the early 2000s, the Danish Prison and Probation Service has modernised

its building stock beginning with the construction of Enner Mark Prison. The

prison consists of scattered, low-rise buildings, where the institutional charac-

ter is toned down. Emphasis is, among other things, on creating conditions as

normalised as possible for the inmates both in cells and in common areas, in-

cluding employment and leisure areas. The perimeter’s

high level of security

makes it possible to create more normalised conditions for the inmates inside

the prison.

The visions of Enner Mark Prison as well as lessons learned from its operation

and experiences from other newer building projects all served as references in

later building projects. In the light of planned capacity expansions, the Danish

Prison and Probation Service is currently developing a standard for its building

projects, describing the main demands to and features of a typical prison or

remand building.

Paragraph 67 in the CPT’s report

The CPT recommends that the Danish authorities reflect upon ways to

achieve the aforementioned legitimate security objective without depriv-

ing inmates of the outside view from their cells.

The facilities Western Prison and Nyborg Prison were built in 1895 and 1913.

In general, it is a challenge to achieve the safety and security standards of pre-

sent day in old buildings like these, e.g. due to the cramped space conditions.

Therefore, it is not considered possible to ensure a completely clear view for

the inmates at the old establishments whilst still maintaining the needed level

of security. It has been a focus point, however, to take into account light and

fresh air.

Side 38/100

Shutters have been installed in Nyborg and Western Prison due to necessary

safety and security measures for both inmates and employees, including mini-

mising verbal harassment and shouting as well as preventing inmates from

watching personnel and other inmates arriving or leaving.

These issues has been a focus point when building newer Danish prisons since

approximately 2006. Thus, windows in newer prisons are placed in a way that

–

without shutters

–

provides a clear view while still achieving the necessary

safety standards.

Paragraph 68 in the CPT’s report

The CPT calls upon the Danish authorities to take resolute steps to en-

sure that all prisoners have unimpeded access to toilet facilities without

undue delay at all times (including at night). Preferably, all cells (includ-

ing in the existing older prisons) should be equipped with in-cell toilets.

The Danish authorities should put in place a detailed and budgeted ac-

tion plan, with clear and realistic deadlines, to achieve this goal. The

Committee would like to be presented with information on this action

plan and its implementation in the Danish authorities’ response to this

report.

The Danish Prison and Probation Service agrees that it is not appropriate to

have cells without direct access to a toilet and that a lack of this ties up person-

nel resources that could be more appropriately used for other activities with

the inmates. In prisons built in this century, inmates have access to both a

shower and a toilet in the cells or in connection with them.

Unfortunately, in several of the old prisons, inmates do not have direct access

to a toilet. Therefore, inmates are accompanied to and from a toilet when they

ask for it.

Regardless of the fact that the Danish Prison and Probation Service expects to

have a significantly increased focus on planned maintenance of the existing

buildings in the coming years, it is not possible to establish toilets within the

current physical conditions, as the cells are too small to accommodate their

own toilet. The establishment of this would involve a total reconstruction of

the prisons, which would be a very big challenge technically and financially.

Consequently, the prisons involved would have to close down fully or partly

during the reconstruction period and it would mean a significant reduction of

the number of cells on a permanent basis.

Side 39/100

The inmates must of course have access to toilet facilities whenever necessary

for them. However, to ensure continuous focus, the Department of the Danish

Prison and Probation Service has underlined the importance of this to the man-

agement of institutions without toilets adjacent to the cells and will look into

further relevant initiatives.

Paragraph 69 in the CPT’s report

The Director assured the delegation that the lift would be repaired in the near

future.

The CPT would like to receive confirmation that this has been

done.

The Department of the Danish Prison and Probation Service has conducted a

hearing of the regional office, under which Polititorvets Arrest (remand prison

by Copenhagen police headquarters) belongs.

The regional office has stated that the elevator at Polititorvets Arrest is back in

operation after repairs.

Paragraph 71 in the CPT’s report

The CPT reiterates its long-standing recommendation that the Danish

authorities take steps to develop adequate programmes of activities for

remand prisoners and sentenced prisoners obliged to remain in remand

sections.

The aim should be to ensure that all prisoners, including those on re-

mand, spend a reasonable part of the day (i.e. eight hours or more) out-

side their cells engaged in purposeful activities of a varied nature: work,

preferably with vocational value; education; sport; recreation/associa-

tion. The longer the period for which remand prisoners are detained, the

more developed should be the regime offered to them. Steps should be

taken to ensure that prisoners, once sentenced, are transferred promptly

from a remand prison (or unit) to an establishment (or unit) for sen-

tenced prisoners.

The Committee also reiterates its recommendation that measures be

taken to offer segregated and high-security prisoners structured pro-

grammes of constructive activities, preferably outside the cells, based on

individual projects intended to provide prisoners with appropriate

Side 40/100

mental and physical stimulation. The implementation of these individ-

ual projects should be overseen by a multi-disciplinary team and their

aim should be to assist the prisoners to transit out of the segrega-

tion/high-security unit into ordinary accommodation as well as, in due

course, reintegrating the community at large.

The Danish Prison and Probation Service strives, to the extent that staffing

and security conditions allow, to ensure that remand prisoners have as much

access as possible to both formal and informal activities outside their cell and

interaction with other prisoners.

Remand prisoners in Denmark have the option to participate, on a daily basis,

in various structured activities such as education and work, i.e. often assembly

work and products for private companies. In addition, remand prisoners with

substance abuse are offered preliminary or maintenance substance abuse treat-

ment, either as individual sessions or as group sessions.

The Danish Prison and Probation Service also collaborates with a number of

civil society organisations, such as the Danish Red Cross, the aid organisation

‘Kirkens Korshær’, and ‘Savn’, an organisation supporting relatives of prison-

ers.

These organisations offer various initiatives for remand prisoners, including

visiting and counselling services, social activities, mentoring programmes and

supporting young remand prisoners through visits and assistance provided dur-

ing their remand detention. The organisation ‘Savn’ offers activities aimed at

prisoners with children, including dialogue groups available in prisons, and a

select number of remand prisons. The Danish Prison and Probation Service is

continually working to expand cooperation with civil society organisations, in-

cluding in relation to activities for remand prisoners.

Regarding high-security prisoners, the Danish Prison and Probation Service

recognises the need, as far as security concerns allow, to engage prisoners in

relevant activities and support their transition to less restrictive conditions. To

this end, the Danish Prison and Probation Service has recently completed a

pilot project involving a psychosocial motivational initiative aimed at high-se-

curity and segregated prisoners with limited access to activities and interaction

with other prisoners. It is an individually focused initiative, which aims to help

the prisoner change behaviour through focusing on themes such as dealing

with stress, conflict-solving, recognition of behaviour patterns etc., with the

purpose of motivating to a change in behaviour that will facilitate the prisoners

Side 41/100

transition to less restrictive conditions of incarceration. Results and further im-

plementation is currently under assessment.

Concerning the transfer of prisoners, the Danish Prison and Probation Service

remains committed to ensuring fast transfer of convicted prisoners from re-

mand prisons to prisons and to ensure the ongoing continued correctional pro-

cess towards a halfway prison, where the focus is on reintegration into the sur-

rounding society.

Some convicted prisoners, however, are not transferred to a prison, e.g. be-

cause the person is serving a short-term sentence or because the person agrees

to serve the sentence in a remand prison due to particular family or personal

circumstances (section 21 of the Sentence Enforcement Act).

Additionally, convicted prisoners can be transferred to a remand prison for

disciplinary reasons (section 28 of the Sentence Enforcement Act).

For overcrowding, prison population and capacity, reference is made to the

response regarding paragraphs 60-61.

Paragraph 72 in the CPT’s report

The CPT recommends that steps be taken to address these issues, in-

cluding as required through amending the relevant legislation.

An inmate has the right and/or obligation to be engaged in work, education,

or other approved activities (section 38(1) of the Sentence Enforcement Act).

One example of educational programmes offered in the Danish Prison and

Probation Service are a range of subjects of

the higher preparatory examination

(HF).

Here, the inmates are able to pursue distance education above 9th grade.

However, this possibility was temporarily suspended in closed prisons for the

first semester of 2024 due to concerns regarding the quality of education and

lack of adherence to the curriculum. The temporary suspension in closed pris-

ons was lifted by August 2024, and as such, all inmates in prisons can enrol and

attend HF subjects again. By June 2025, it is expected that remand prisons will

also offer HF courses as distance education.

If an inmate is unable to pursue distance education above 9th grade, other op-

portunities of employment are available, including alternative educational pro-

grammes, substance or alcohol abuse treatment programmes, and work.

Side 42/100

Paragraph 73 in the CPT’s report

In this context,

reference is made to the remarks and recommendations

in paragraphs 68 above and 90 below.

The Danish Prison and Probation Service acknowledges that the shortage of

custodial staff has a negative impact on the possibilities to offer association

and organised activities to prisoners. It should be noticed, however, that other

staff groups within the Prison and Probation Service, such as teachers, social

workers and work instructors organise various formal and informal activities

on a daily basis as well as counselling or motivational interviews with the pris-

oners. Furthermore, the Prison and Probation Service collaborates with a num-

ber of civil society organisations that offer different activities for prisoners in

prisons and prisoners in remand prisons (cf. the response to par. 71).

As regards to the question of the lack of toilets in the cells, reference is made

to the response to paragraph 68. The Danish Prison and Probation Service

fully agrees that the scarce personnel resources could be used more appropri-

ately on other activities than accompanying the inmates to and from the com-

munal toilets.

Reference is also made to the response to par. 90.

Paragraph 74 in the CPT’s report

Given that some prisoners (including those most vulnerable, due e.g. to mental

conditions or the language barrier) would not necessarily take the step to re-

quest a consultation,

the CPT invites the Danish authorities to encourage

health-care staff (nurses and doctors) at Nyborg and Enner Mark Prison

to develop a more proactive attitude and to visit prisoners (especially

those identified as vulnerable) on a regular and frequent basis.

Further,

the Committee recommends that efforts be made to increase the

effective presence of primary health-care professionals in the prisons vis-

ited. In particular, there should be the equivalent of two full-time GPs at

the Western Prison and at least the equivalent of a full-time GP at Ny-

borg Prison. There should also be the equivalent of two additional

fulltime nurses at the latter establishment.

Side 43/100

The Danish Prison and Probation Service's healthcare service to inmates is or-

ganised in such a way that it reflects the role of the general practitioner in the

surrounding community.

In addition to the access to a medical doctor resembling a general practitioner,

the healthcare units in the prison service has employed several specialists, in-

cluding psychiatrists and psychologists. The healthcare units have also affiliated

other specialist doctors such as dermatologists and orthopaedic surgeons who

provide treatment in prisons and remand prisons. The aim is to have as many

relevant specialist doctors employed or affiliated to the prison service as pos-

sible in order to carry out as much treatment as possible inside the prisons and

decrease the need to transport prisoners to the relevant specialists. This is an

ongoing process.

If the health units of the prison service cannot provide a required examination

or treatment, the inmate will be referred to a hospital or other applicable health

care institution outside of prison for treatment. Concerning foreigners subject

to deportation, reference is made to the response to paragraph 78.

On admission to a prison or remand prison, all inmates are offered an initial

health assessment performed by a nurse. As mentioned above in the response

to paragraph 38-40 the initial assessment covers 12 key areas to systematically

evaluate and document a patient’s condition, including functional level and

mobility, nutrition, skin and mucous membranes, pain and sensory perception

respiration and circulation, and psychosocial factors such as family relations

and substance abuse. This structured approach ensures a comprehensive un-

derstanding of the patient’s health and needs.

The purpose of the initial medical assessment is to identify potential physical

and psychiatric problem areas. Based on the assessment, the nurse can priori-

tise critical issues first, ensuring a targeted and timely intervention.

If the nurse, in consultation with the patient, finds it indicated to involve the

doctor, the doctor will assess the patient and perform relevant medical exami-

nation, including e.g. a medical history review, a physical examination, diagnos-

tic tests if needed (blood tests, imaging, ECG). It may also involve screenings

for chronic diseases and preventive care. Based on the findings, the doctor

provides a diagnosis and treatment plan. Furthermore, ongoing medical treat-

ment is followed up on, including medical prescriptions. Finally, dental status

is assessed.

Side 44/100

Screening systematically for TB, HIV and hepatitis without indication is not

common practice in Denmark. Screening is only considered beneficial when a

disease or condition is common in a specific population or carries significant

health risks. Thus, the current procedure is considered sufficient.

Concerning the committee’s recommendations to Enner Mark and Nyborg

prisons, the Danish Prison and Probation Service can inform the committee,

that the health care staff at both prisons are aware of and focused on inmates

identified as vulnerable. Both prisons are developing a practice with a more

proactive approach, supported by the digital health care journal as a tool for

planned follow up.

In relation to the presence of health care personnel at Nyborg Prison, there is

currently two general practitioners with a total of 50 hours per week (compared

to 25 hours a week at the time of the visit of the committee). The Danish

Prison and Probation Service finds the current number of nurses in Nyborg

Prison sufficient in order to provide the care needed. The prison service con-

tinuously monitors the need, which has gradually increased over the last years.

In relation to the presence of health care personnel at Western Prison, there is

currently an average of four full time doctors employed.

The Danish Prison and Probation Service would like to call attention to the

fact that the prison service continuously evaluates and adjusts procedures to

ensure that adequate health-care is provided by the health-care units as well as

continuously assesses the availability of health staff according to the need in

order to take necessary steps to adjust availability accordingly.

Paragraph 75 in the CPT’s report

As a minimum, a person competent to provide first aid should always be pre-

sent in such establishments, including at night and on weekends; preferably,

this person should be a qualified nurse.

The Committee reiterates its rec-

ommendation that steps be taken to ensure such a permanent health-

care coverage in all penitentiary establishments concerned.

The Danish healthcare system in general ensures continuous access to profes-

sional medical assistance through a structured network. As mentioned above

in the response to paragraph 74 the

general

practitioners employed in the pris-

ons serve as the primary point of contact for non-emergency health concerns,

providing consultations, treatment, and referrals when necessary.

Side 45/100

If no health staff is present during daytime hours on weekdays, custodial staff

can contact the two health units within the prison service, covering Eastern or

Western Denmark respectively. In the evenings and on weekends, the staff can

contact the relevant of five regional medical on-call service lines outside the

prison service, if there is a need for medical assistance, which cannot wait until

the following weekday. These medical on-call service lines offers nationwide

advice, triage or referral to emergency care. This is equivalent to the health care

service provided to citizens in Denmark in general in evenings and on week-

ends.

In urgent cases, the staff can call

emergency services (“112”)

for immediate

medical assistance in the event of acute life-threatening illness or injury.

Health care staff within the prison service strive to make any assessment and

treatment plan during daytime, so that demand for health care support in the

evening and on weekends is limited.

The medical ward at Western Prison has nurses available around the clock.

Inmates who are in need of around the clock care are admitted to this ward

from institutions under the Danish Prison and Probation Service nationwide,

e.g. inmates that need to be monitored in case of withdrawal symptoms or in

need of intravenous medicine.

Considering the possibility of transferring inmates to Western Prison if they

have special care needs and the possibility of making use of the general medical

helplines on evenings and in weekends etc., it is the general assessment of the

Danish Prison and Probation Service that the health care coverage provided in

its institutions is adequate and sufficient.

Paragraph 76 in the CPT’s report

In this context, reference is made to the remarks and recommendation in par-

agraph 90 below. In addition,

the CPT recommends that the Danish au-

thorities reflect on whether (pending the recruitment of additional cus-

todial staff) it would be possible to reorganize the shifts so as to at least

partly alleviate the negative impact of custodial staff shortages on pris-

oners’ access to health care.

As mentioned below in the response to paragraph 87-90 mitigating staff short-

ages is a top priority for the Prison and Probation Service and the institutions

assess the current staffing situation every day.

Side 46/100

The Prison and Probation Service is aware that custodial staff shortage is chal-

lenging in regards to health care, and is therefore focused on ensuring that

shifts as far as possible are organised so that the lack of prison staff does not

limit the inmates’ access to health

care services.

Paragraph 77 in the CPT’s report

The Committee recommends that serious efforts be made by the Danish

authorities to improve the access to mental health care in prisons. This

should include recruiting more mental health professionals and facilitat-

ing transfer to appropriate mental health care facilities, for as long as

needed on medical grounds, of prisoners whose condition so requires.

If necessary, suitable procedures need to be discussed and agreed with

the Ministry of Interior and Health. The CPT also recommends that cus-

todial staff be provided with more specialised training on dealing with

mentally disturbed prisoners.

As a rule, only inmates suffering from less severe mental illness (psychiatria

minor) serve their sentence in prison. However, inmates suffering from severe

mental illness (psychiatria major), including psychosis, delusions etc. are some-

times held in remand prisons, while they wait for referral and transfer to a

forensic psychiatric unit. If an inmate develops serious mental illness during

incarceration, the inmate will be assessed by relevant health care staff and if

needed transferred to a psychiatric ward for treatment as soon as possible.

A huge pressure on the capacity in the psychiatric wards and hospitals may

imply that mentally ill (psychotic) prisoners in institutions of the Danish Prison

and Probation Service have to wait for transfer to a psychiatric ward or hospi-

tal, including forensic psychiatric units. To meet these challenges the health

care units in the prison service and representatives from the regional psychiat-

ric system have ongoing meetings every six months to strengthen the cooper-

ation and coordination between the prison service and psychiatric system.

The prisons and remand prisons have affiliated psychiatrists that can carry out

treatment in-house. Some prisons also have affiliated psychologists. Inmates

can also be referred to treatment at a hospital or at a specialised doctor.

As part of the political multi-year agreement 2022-2025 concerning the fi-

nances of the Danish Prison and Probation Service, the Danish Prison and

Probation Service has also made targeted efforts to recruit more psychiatrists.

Side 47/100

However, recruiting psychiatrists

–

as well as psychologists - is an increasing

challenge within both the Danish Prison and Probation Service as well as the

public health care system in general. As such the Danish Prison and Probation

Service recognise the need to enhance efforts in order to meet the needs in

regard to prisoners' mental health and also increase focus on preventive

measures, e.g. through psychosocial programmes. Reference is also made to

par. 36-37 regarding the current emphasis on training prison staff.

As part of the implementation of the multi-year agreement concerning the fi-

nances of the Danish Prison and Probation Service, it was agreed to set up an

inter-ministerial working group tasked with looking into the challenges that the

prison service experience in working with prisoners who suffer from mental

illness. The working group is expected to be established in the summer of 2025,

and it will among other things examine how to handle prisoners with mental

health issues within the Prison and Probation Service and how to improve co-

operation between the Prison and Probation Service and psychiatric services

in Denmark.

Paragraph 78 in the CPT’s report

The CPT recommends that the aforementioned legal discrimination be

abolished and foreign prisoners be given the same free-of-charge access

to both primary and secondary health care as their fellow Danish in-

mates.

As mentioned under paragraph 74 the Danish Prison and Probation Service's

health care service to inmates is organised in such a way that it reflects the role

of the general practitioner in the surrounding community. On that basis foreign

inmates have the same access to primary health care as Danish inmates, while

they are incarcerated.

The Danish Health Act is based on a universal public health insurance model,

where insurance is granted to those who are resident in the country. ‘Resident’

is understood as being registered in the Civil Registration System.

Persons who are not civilly registered

–

e.g., because of the short nature of

their stay

–

have access to acute and continued hospital care. As a rule, such

care for unregistered persons is on a paid basis, albeit with an ability for the

regional authority to waive the payment obligation on humanitarian grounds.

Side 48/100

The only special rules regarding prisoners in the Health Act are rules providing

that otherwise insured persons who are detained for more than three months,

are not entitled to primary care or medicine subsidies under the Health Act, to

the extent that those are already provided by the Danish Prison and Probation

Service.

The rules regarding access to health care while in detention are based on a

premise that prisoners should as far as possible be treated the same as the gen-

eral population with regard to healthcare. This means that if a prisoner is not

publicly insured according to the Health Act, they are subject to the rules per-

taining to uninsured persons whenever they interact with the regular healthcare

system, including the aforementioned payment obligation for acute and con-

tinued hospital care.

Some prisoners are persons who were not civilly registered prior to their de-

tainment/conviction because they did not fulfil the relevant criteria. Placement

in institutions belonging to the Danish Prison and Probation Service does not

affect civil registration status. As a result, they are treated as uninsured under

the Health Act when interacting with the general healthcare system. This is not

a result of a rule specifically designating foreign prisoners, but rather the afore-

mentioned principle of equivalence with the general population.

Paragraph 80 in the CPT’s report

The CPT calls upon the Danish authorities to take the necessary

measures to ensure that all prisoners are properly interviewed and phys-

ically examined by a medical doctor, or a fully qualified nurse reporting

to a doctor, within 24 hours of their admission to prison, and preferably

on the day of arrival at the establishment.

Further,

each prison health-care service should have in place a screening

procedure to enable them to properly assess the health-care needs of

each newly-admitted prisoner, including mental health needs. The pro-

cedure should also include symptomatic TB screening and systematic

voluntary testing for HIV and hepatitis B and C.

Regarding the recording of injuries, see paragraph 16 above. The Com-

mittee also reiterates its long-standing recommendation that whenever

injuries are recorded by a doctor which are consistent with allegations

of ill-treatment made by a prisoner (or which, even in the absence of

allegations, are indicative of ill-treatment), the record is immediately

and systematically brought to the attention of the relevant investigatory

authorities. Health-care staff should further advise prisoners that the

Side 49/100

forwarding of the report to the relevant investigatory authorities is not a

substitute for the lodging of a complaint in a proper form.

During the admissions procedure, remand prisoners, convicted prisoners and

administratively detained foreigners undergo a preliminary psychiatric screen-

ing by the custodial staff within 24 hours and an additional medical screening

performed by a nurse. The medical screening provides a general knowledge of

the inmate’s former

and current medical problems described by the inmate and

objectively observed by the nurse.

Reference is made to the response to paragraph 74 for further information

about the health care service of the Prison and Probation Service, including the

initial medical screening performed by nurses.

Based on the above, the Danish Prison and Probation Service finds that the

medical screening performed by a nurse within 24 hours from admission is

adequate and sufficient to ensure targeted and timely intervention to all in-

mates, who wish to receive healthcare. Examination and treatment of an in-

mate requires an informed consent from the inmate according to the Danish

Health Act. Reference is made to the response to paragraph 38-40.

Paragraph 81 in the CPT’s

report

The CPT recommends, once again, that steps be taken to ensure that

prisoners have confidential access to the health-care service in all the

prisons in Denmark. In particular, prisoners should not be obliged to

state to prison officers the reason why they wish to see a member of the

health-care staff. Submitting request forms in sealed envelopes should

become a standard procedure; for this purpose, the forms should always

be handed over to prisoners together with envelopes.

The Danish Prison and Probation Service can confirm that it is now possible

to hand in requests for seeing a doctor or a nurse in a closed envelope to cus-

todial staff.

Reference is made to the response to paragraph 43.

Paragraph 82 in the CPT’s report

For both confidentiality and safety reasons, the preparation of prescription

medicines should always be entrusted to qualified staff (pharmacist, nurse, etc.)

Side 50/100

and medication should be distributed by health-care staff.

The Committee

reiterates its long-standing recommendation that steps be taken to en-

sure that this is the case in all the prisons in Denmark.

Medicine prescribed by a doctor is exclusively prepared by the medical staff.

However, ordinary over-the-counter medicine as paracetamol can be adminis-

tered by the prison officers in case of urgent need.

Distributing medicine to inmates is handled by the custodial staff who are

trained as medical assistants according to the Danish rules on delegation of

health care. Because the custodial staff act as medical assistants, they must have

access to health information.

According to guidelines from the Danish Board of Patient Safety the person

who distributes medicine is responsible for checking that the number of pills

on the medicine list matches the pills distributed. The custodial staff is how-

ever, not made aware of the reason why an inmate must be handed the medi-

cine in question, as information on prescription medicine and a person’s pos-

sible diagnosis is confidential information only known by the healthcare staff.

The Prison and Probation Service finds that the above-mentioned procedures

sufficiently respect the balance between maintaining confidentiality and secur-

ing proper distribution of medicine.

Reference is made to the response to paragraph 42.

Paragraph 83

in the CPT’s report

The health-care facilities and equipment varied from basic at Police Square

Prison (which did not even have a proper examination couch), to generally

adequate at the Western and Nyborg Prisons, and excellent at Enner Mark

Prison. That said, there was no electrocardiography (ECG) machine at Police

Square and Nyborg Prisons, which meant that prisoners requiring an ECG had

to be transferred to the Western Prison (in the case of Police Square Prison)

or to a local general hospital (in Nyborg).

The CPT recommends that steps

be taken to address these deficiencies.

All healthcare facilities have the same basic equipment. The facilities vary in

standard, since several of the facilities are located in old buildings, some of the

clinics are very small, but still offer sufficient facilities for examination of cli-

ents. There is a continuous renovation of the facilities.

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In relation to electrocardiography (ECG) machines all prisons and remand

prisons

–

except Polititorvet Remand Prison (remand prison by the Copenha-

gen police headquarters)

–

have ECG machines. It should be noticed in this

connection that it is possible to examine the inmates that are in Polititorvet

Remand Prison in Western Prison, which is located nearby.

Paragraph 84 in the

CPT’s report

Due

inter alia

to the absence of a systematic screening upon admission, the main

burden rested upon custodial staff who had to be alert to, and bring to the

attention of health-care staff, signs of possible drug dependence. In this con-

text,

reference is made to the recommendation in paragraph 80 above.

Inmates' use of intoxicating substances are a part of the initial medical screen-

ing. If an inmate is heavily affected by alcohol or another intoxicating sub-

stance, the person must be assessed in an emergency room at a hospital and

have a treatment plan before being incarcerated in the medical ward at Western

Prison for further treatment and observation. Substitution treatment is availa-

ble if indicated.

The Danish Prison and Probation Service has an ongoing focus on decreasing

the use of intoxicating substances among inmates and has carried out an ex-

tensive urine sample screening in August 2024. The aim of the urine sample

screening was to uncover the current picture of drug abuse in prisons and re-

mand prisons.

In connection with the screening, 468 urine samples were taken, of which 123

were positive (26 percent). The most frequently occurring euphoriant sub-

stance was cannabis, followed by opioids, including Tramadol. None of the

tests was positive for fentanyl.

Paragraph 85 in the CPT’s report

The CPT finds this very questionable and regrettable;

the recommendation

in paragraph 78 above should be interpreted as applying to this aspect

of health care as well.

An inmate who has been sentenced to deportation is not entitled to free treat-

ment for substance abuse unless special circumstances apply. Therefore, these

individuals are generally not offered treatment equivalent to the services

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provided by municipalities under the Social Services Act, such as motivation

and pre-treatment, therapeutic counseling, and aftercare. However, inmates

sentenced to deportation are not restricted in accessing somatic treatment and

can receive treatment for withdrawal symptoms and substitution therapy or

other

medical

treatment related to substance abuse.

If special circumstances apply, the Danish Prison and Probation Service can

assess whether inmates sentenced to deportation

–

despite the deportation rul-

ing

–

should be offered substance abuse treatment. For example, inmates sen-

tenced to deportation may be offered substance abuse treatment if they are to

serve a long sentence before being transferred to continue serving the sentence

in their home country, and other factors justify this. This could be the case if

it is deemed necessary for the individual's health or if it is required for them to

integrate into daily life with other inmates and staff.

Paragraph 86 in the CPT’s report

The CPT recommends that steps be taken to make naloxone nasal spray

available to both health-care and custodial staff (and to train the latter

in how to administer naloxone in case of emergency).

Naloxone nasal spray is currently only available to healthcare staff in the Dan-

ish Prison and Probation Service.

The prison service will, based on the newly made availability of nasal spray

containing naloxone in Denmark as an over-the counter medicine, introduce a

standardised more lenient practice for the use hereof within the service.

Paragraph 90 in the CPT’s report

Whilst acknowledging steps being taken by the Danish authorities to recruit

and retain staff,

the CPT recommends that more efforts be made to in-

crease custodial staff complements and times of presence in the prisons

visited (especially at the Western Prison and Nyborg Prison), in partic-

ular at night and on weekends. These efforts should include providing

competitive working conditions and supporting staff’s wellbeing

through initiatives to improve their mental, emotional, and physical

health and to build their resilience and capacity to deal with challenging

situations.

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Mitigating staff shortage is a top priority for the Prison and Probation Service

and the institutions assess the current staffing situation every day, both in terms

of the work environment and of safety.

The Prison and Probation Service has an internal psychology corps that, among

other things, holds group sessions and preventive interviews with employees

as well as debriefings after serious incidents to prevent PTSD and other psy-

chological stress reactions. The Danish Prison and Probation Service has also

established a prevention and mediation corps. Reference is made to the re-

sponse to paragraph 91.

The Prison and Probation Service also offers a health scheme to all employees

with the possibility of help/relief of acute physical and/or psychological stress.

It is also possible to assign a personal support course of at least 12 months of

duration to employees who are affected by illness or injuries related to work.

All this in order to improve the mental, emotional and physical health of staff

members and to build their resilience and capacity to deal with challenging sit-

uations.

The prison staffing shortage is also countered with focused recruitment activ-

ities. Since 2019, the recruitment unit of the Prison and Probation Service has

designed and implemented various strategies to increase the numbers of prison

officer applicants, especially in the eastern part of Denmark. These efforts have

focused, among other things, on communication initiatives and campaigning.

As part of the recruitment activities, the number of locations in different parts

of Denmark where applicants can undergo basic prison officer training has

increased. The Prison and Probation Service has introduced the concept of

temporary schools

–

pop-up schools

–

meaning that the pop-up schools will

open at different locations. The temporary schools are established where, for

instance, more staff will be needed because of building and/or expanding

prison capacity. For example, a pop-up school has been established at Sdr.

Omme Prison, with new classes in January, April, August and October 2025.

Additionally, other initiatives deserve special mention: (i) Securing full salary

benefits for all prison officer students during the entirety of their three-year

basic training. (ii) Increasing the presence of recruitment personnel in public

spaces using a special presentation truck. (iii) Shortening the training period for

prison officer students with relevant backgrounds and training. (iv) Collabo-

rating with local municipalities targeting unemployed labour, and lastly (v)

Side 54/100

adjusting the recruitment and selection process in order to increase the number

of prison officer students and to foster greater diversity among candidates.

Paragraph 91 in the CPT’s report

In the light of the above,

the CPT recommends that the Danish authorities

improve ongoing training for custodial staff in communication, conflict

prevention and management of mentally ill prisoners, including de-es-

calation techniques. The initiative, observed at Enner Mark Prison, of

involving a psychiatric nurse in training and mentoring custodial staff

on the special needs of mentally ill prisoners merits being positively

highlighted in this context.

The Prison and Probation Service has a compulsory educational programme

for uniformed personnel concerning conflict management. Each employee is

trained once a year and each training session lasts 7.4 hours.

The content of the educational programme includes:

•

Use of force and self-defence

•

Conflict understanding and communication

•

Scenarios, including de-escalating communication

The Prison and Probation Service has, in 2024, furthermore set up a corre-

sponding educational offer of continuing education for civilian personnel. The

purpose of the course is to strengthen civilian employees' professional and per-

sonal competencies in conflict management. Participants will have the oppor-

tunity to work actively with communication and conflict understanding, includ-

ing the understanding of emotional arousal and de-escalation as a tool. In ad-

dition, participants will strengthen their security awareness and understanding

of dynamic security on a general level.

In addition, the Prison and Probation Service has in 2024 set up continuing

education targeted at working with mentally vulnerable inmates. The corps of

psychologists teaches this programme.

Furthermore, the Prison and Probation Service has established a prevention

and mediation corps. The main purpose of the prevention and mediation corps

is to attribute to improve the work environment by enhancing the ability to

prevent and handle conflict throughout the organisation.

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The prevention and mediation corps is used, among other things, for media-

tions where work environment challenges occur

–

typically in the aftermath of

an incident.

Paragraph 92

in the CPT’s report

In the light of the above,

the CPT strongly reiterates its recommendation

that disciplinary solitary confinement should never be imposed for more

than 14 days for a given offence (and should preferably be shorter).

Whenever an additional period of disciplinary solitary confinement is

imposed on a prisoner, there should be an interruption of several days

between the two placements in the

strafcelle

For the development in the use of solitary confinement as a disciplinary meas-

ure (unconditional penalty cell) regarding adults, reference is made to Annex 1,

table 4.

In general, the new disciplinary penalty system, which entered into force in

September 2023, has led to a decrease in solitary confinement as a disciplinary

measure and in particular a substantial decrease in long-term solitary confine-

ments exceeding 14 days. Only in special cases, e.g. repeated offences or espe-

cially challenging or aggressive behaviour, the maximum duration can be more

than 14 days per decision and no longer than 4 weeks.

While the maximum duration of disciplinary solitary confinement thus, in gen-

eral, has been reduced to 14 days per decision, additional and successive disci-

plinary solitary confinement may be imposed, if a prisoner commits a new dis-

ciplinary offence while already serving time in solitary confinement.

An imposed disciplinary measure must, however, be both noticeable and ef-

fective given the specific circumstances (cf. the preparatory remarks to act no.

893 of 21 June 2022, which introduced the new disciplinary penalty system in

the Sentence Enforcement Act). If additional solitary confinement is ineffec-

tive, the prison and probation service must apply other disciplinary penalties.

The prison and probation service remains highly aware of the detrimental ef-

fects of solitary confinement on a prisoner’s physical and mental well-being.

Limited community time may be granted during solitary confinement imposed

as a disciplinary measure if special circumstances justify it (section 2(4) of

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executive order no. 1129 of 17 August 2023 on the serving of solitary confine-

ment, interrogation cell and the processing of disciplinary actions).

Following internal guidelines, disciplinary solitary confinement can be inter-

rupted if the prisoner’s physical or mental well-being

deteriorates. Consultation

with healthcare personnel is advised in such cases. Furthermore, the discipli-

nary solitary confinement should only be resumed if it is justified in terms of

the prisoner’s well-being.

Paragraph 93 in the CPT’s report

Consequently,

the Committee reiterates its recommendation that solitary

confinement as a disciplinary punishment for juveniles be abolished in

Denmark.

The Ministry of Justice can refer to its response to paragraph 82 of the report

to the Danish Government on the visit to Denmark carried out by the CPT

from 3 to 12 April 2019.

For persons under the age of 18, the maximum period of solitary confinement

is seven days, unless the case concerns violence against staff in the institution,

cf. section 70(1) of the Criminal Enforcement Act.

In addition, the Ministry of Justice can inform that the conditions for using

solitary confinement in relation to persons under the age of 18 are very strict

and the use of such a disciplinary reaction is only used in exceptional cases.

For the development in the use of solitary confinement as a disciplinary meas-

ure (penalty cell) regarding juveniles, reference is made to Annex 1, table 5.

The Department of the Danish Prison and Probation Service continuously

monitors the imposition of penalty cell on juvenile prisoners.

During 2023 and 2024, no juvenile prisoners under the age of 18 were placed

in solitary confinement as a disciplinary measure for more than seven days. In

the same period, there has been five placements of juvenile prisoners in solitary

confinement for more than three days but less than seven days. Three of these

involved either fighting with a fellow prisoner or threats against staff. In the

other two cases solitary confinement exceeding three days was imposed due to

multiple and repeated offences, several of which involved inappropriate behav-

iour.

Side 57/100

Paragraph 96 in the CPT’s report

The CPT recommends that inmates in all prisons in Denmark be sys-

tematically provided with a copy of the disciplinary decision, the receipt

of which they should be asked to acknowledge in writing.

At the time of the visit, the Danish version of the leaflet was ready and trans-

lations into several foreign languages were being prepared.

This is a positive

initiative which merits to be followed in other prisons in Denmark.

According to section 9 of Executive Order 1129 of 17 August 2023 on the

serving of solitary confinement, the use of interrogation cell and the processing

of disciplinary actions (the Executive Order on disciplinary actions), a prisoner

must be provided with a copy of the decision on disciplinary sanction upon

request. A prisoner must be informed of the possibility of being provided with

a copy of the decision, cf. Section 7.

Regarding the information provided to prisoners about the new disciplinary

system, the Danish Prison and Probation Service produced a leaflet and posters

explaining the new rules of the disciplinary system in a simple manner, when

the new disciplinary system was implemented. The leaflet and posters were

translated into 17 languages.

With regard to the committee’s mentioning of another leaflet produced by

Western Prison supplementing the one mentioned above, the prison and pro-

bation Service will evaluate the need for a national distribution of a leaflet sim-

ilar to the one produced by Western Prison.

Paragraph 97 in the CPT’s report

The Committee therefore calls upon the Danish authorities to recon-

sider Denmark’s reservation to Rule 43.2 of the European Prison Rules

and introduce the necessary legislative changes to bring Chapter 11 of

the Criminal Enforcement Act in compliance with the aforementioned

standard.

The Ministry of Justice can inform that Denmark stated a reservation to the

revised Prison Rules during the 952nd meeting of the Ministers’ Deputies for

the following reason:

Side 58/100

“When

this recommendation was adopted, and in application of

Article 10.2c of the rules of Procedure for the meetings of the

Ministers’ Deputies, the Representative of Denmark reserved the

right of his government to comply or not with Rule 43, paragraph

2, of the appendix to the recommendation because it is of the

opinion that the requirement that prisoners held under solitary

confinement be visited by medical staff on a daily basis raises seri-

ous ethical concerns regarding the possible role of such staff in

effectively pronouncing prisoners fit for further solitary confine-

ment.”

The Danish government is not currently considering repealing this reservation.

Paragraph 99 in the CPT’s report

By contrast, at the Western Prison and Nyborg Prison, prisoners placed in

high-security units were, as a rule, informed orally of the placement decision

and were only given a written copy upon request.

The CPT recommends

that the procedure followed in this respect at the Western Prison and

Nyborg Prison be aligned with that applied at Enner Mark Prison.

The Danish Prison and Probations Service generally focuses on making sure

to align procedures across institutions as far as possible while still considering

local conditions.

Thus, the Department of the Danish Prison and Probation Service will issue

guidelines stating that when placing inmates in high-security units, prisoners

must be ensured the right to raise objections, be offered a copy of the place-

ment decision, and receive information on available complaint avenues.

Paragraph 100 in the CPT’s report

Further, special programmes existed to assist gang members in leaving their

gangs and reintegrating the society.

The Committee would like to receive

more detailed information about these special programmes.

As part of efforts to combat crime committed by organised biker and gang

members, the government launched in 2011 a frame model for “exit pro-

grammes” for those biker and gang members who have a desire to exit these

criminal circles.

Side 59/100

The frame model was drawn up by the Ministry of Justice in cooperation with

the Ministry of Employment, the Ministry of Social Affairs, the Ministry of

Education, the Ministry of Integration, the Ministry of Health, the Ministry for

the Interior, the Ministry of Culture, the Ministry for Economic and Business

Affairs, the Customs and Tax Administration, and Local Government Den-

mark as well as involving the Danish National Police.

The frame model, which presupposes a targeted and coordinated cooperation

between among other the police, the prison and probation service, and local

authorities, provides an overview of the opportunities that are at hand for those

biker and gang members who wish to leave these circles.

Exit programme in the prisons

To be included in the programme within the prison the individual must be

known as a gang member or with relations to a known organised biker or gang

group.

People convicted under the so-called

“organised crime provision” (article

81 a

of Danish criminal code) cannot be released on parole, unless they participate

in an exit programme. It is a condition of a possible parole that the person

continues the participation in the exit programme.

The content in the exit programme in the prison is;

•

Visitation of inmates who wish to exit, including assessment of moti-

vation and suitability

Ongoing monitoring efforts and assessment of people who want to

exit and inmates who currently have an exit agreement

Coordination and support of the individual in the exit process

Strategic placement of the individual for security reasons

Implementation of special efforts as mentoring, anger management

programmes and therapy treatment

Preparation of statements for both internal and external cooperation

partners

If a biker or gang member during his serving a sentence expresses his wish to

enter an exit programme, the prison and probation service shall contact the

local “exit unit” in the municipality to which the person will be released from

prison eventually. The local exit units include representatives from the police,

the prison and probation service and the municipality.

If a biker or gang member is deemed qualified to continue an exit programme

after release, the local exit unit draws up an exit programme adapted

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individually to the specific person, in cooperation with relevant authorities and

in particular with the social authorities.

The relevant authority decides whether specific actions may be initiated as part

of the exit programme. It must be assessed which of the available options are

relevant for the person, e.g. relocation, education, work and work training, sub-

stance or alcohol abuse treatment, security measures and motivation.

The local exit unit is responsible for drawing up an agreement in regard to the

exit programme, which describes in detail the measures decided by the local

exit unit to be initiated during the course of the exit programme. The agree-

ment shall also contain demands to the participant as well as a time frame of

the individual actions to be taken.

Paragraph 102 in the CPT’s report

That said, in the light of the delegation’s findings

regarding the quality of men-

tal health care in the prisons visited (see paragraph 77 above),

the Committee

recommends that steps be taken to strengthen the psycho-social support

provided to prisoners segregated on security grounds. More generally,

such prisoners should be followed individually by multidisciplinary

teams involving the custodial, social and health-care staff, the objective

being to assist the prisoners concerned to gradually (re)integrate the

mainstream prison population. Reference is also made to the recom-

mendation in paragraph 77 above.

Reference is made to the response to paragraph 77 above.

In general prisoners segregated on security grounds has the same rights to men-

tal health care as other prisoners. Furthermore, those prisoners are monitored

on a weekly basis by health-care staff (including mental health professionals)

who can, if deemed necessary, recommend their release from the high-security

unit and/or their transfer to a mental health facility.

As part of the political multi-year agreement 2022 -2025 concerning the fi-

nances of the Danish Prison and Probation Service, the service is implementing

an improved education curriculum for the custodial staff, with an increased

focus on training custodial staff to handle mentally ill inmates. This is done

with a view to strengthening the

general

psycho-social support as a supplement

to efforts of the healthcare staff.

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Reference is made to the response to paragraphs 36-37.

Reference is also made to the response to paragraph 71, regarding activities for

remand/sentenced persons in remand sections.

Paragraph 104 in the CPT’s report

The delegation noted that the recourse to placements in “observation cells”

had indeed decreased at two of the establishments visited: from 388 placements

in 2022 to 361 in 2023 at the Western Prison, and from 27 placements from

January-May 2023 to 12 from January-May 2024 at Nyborg Prison. The num-

ber of placements in “observation cells” had, however, increased at Enner

Mark Prison, from 154 in 2022 to 193 in 2023.

The Committee would wel-

come the Danish authorities’ observations on the possible reasons be-

hind this increase.

For the number of placements in observation cell in Enner Mark Prison from

2020 to 2024, reference is made to Annex 1, table 6. The table reads that the

number of placements in observation cell in Enner Mark Prison has increased

from 2020 to 2023 and decreased from 2023 to 2024.

The Danish Prison and Probation Service cannot identify with certainty the

reasons behind the increase from 2020 to 2023.

The Danish Prison and Probation Service will monitor the development in this

area.

Reference is made to the response to paragraph 105 and Annex 1, table 7,

which outlines the number of placements in observation cell nationwide. The

number of nationwide placements in observation cell has a general decreasing

tendency from 2020 to 2024.

Paragraph 105 in the CPT’s report

The CPT calls upon the Danish authorities to limit the duration of pris-

oners’ placements in “observation cells” to the time strictly necessary

for the inmate concerned to calm down.

With regard to the duration of placements in observation cell nationwide from

2022 to 2024 reference is made to Annex 1, table 7. As shown in table 7 the

vast majority of placements in observation cell has a duration under 6 hours.

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The Department of the Prison and Probation Service agrees with the commit-

tee that the placement of an agitated or violent prisoner in an observation cell

is limited to the time strictly necessary for the prisoner concerned to calm

down. Following national legislation, a placement in an observation cell must

be discontinued promptly when the conditions justifying such a placement no

longer exist (section 64(1) of the Sentence Enforcement Act and section 18(2)

of Executive Order 429 of 9 April 2015 on Exclusion of Inmates from Asso-

ciation, Including Segregation in Observation Cells, etc.).

A prisoner placed in an observation cell must be regularly attended to by the

staff of the institution (section 21(1) of the Exclusion from Association Order).

The attending staff are required to

document the prisoner’s condition and

make notes on whether continued placement in the observation cell is neces-

sary.

Paragraph 106 in the CPT’s report

The CPT recommends that the relevant provisions be amended so that

placement in “observation” cells for “special observation” (i.e. to pre-

vent suicide and self-harming by a prisoner with a mental-health related

condition) is only decided as a last resort and immediately brought to

the attention of health-care staff who should visit the prisoner without

delay; the same should apply to any prolongation of the measure. Any

prisoner whose condition requires “special observation” in excess of 24

hours should be transferred to an appropriate mental health facility (see

the remarks and recommendation in paragraph 77 above).

The Danish Prison and Probation Service agrees that placement in observation

cell for special observation should only occur as a last resort. This is stipulated

in the Sentence Enforcement Act and the Executive Order 429 of 9 April 2015

on Exclusion of Inmates from Association, Including Segregation in Observa-

tion Cells, etc. Hence, placement in an observation cell may not occur ‘if, for

the purpose of the intervention and the violation and the discomfort that the

intervention must be assumed to cause, it would be a disproportionate inter-

vention’ (section 16(2) of the Exclusion from Association Order).

Concerning the Committee's recommendation that a prisoner placed in obser-

vation cell for special observation should immediately be brought to the atten-

tion of health-care staff, the Danish Prison and Probation Service notes that a

medical doctor must be contacted if there is any suspicion of illness or injury

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related to the placement, or if the prisoner requests medical attention (section

20 of the Exclusion from Association Order.

Reference is made to the response to paragraph 105 regarding regular inspec-

tions by staff, which also include a continuous assessment of the need for a

doctor’s consultation.

Furthermore, reference is made to the response to paragraph 51 regarding the

Prison and Probation Service’s

effort to enhance the qualifications of custodial

staff in managing mentally vulnerable inmates.

As stated in the response to paragraph 51, the Danish Prison and Probation

Service is currently working on updating and promoting guidelines and proce-

dures on self-harm and suicide prevention to further enhance the general and

long-term safety of detainees. This will include an assessment of the need to

introduce guidelines ensuring that placement in observation cell for the pur-

pose to prevent suicide and self-harm is immediately brought to the attention

of health-care staff.

Regarding the recommendation that any prisoner whose condition requires

“special observation” in excess of 24 hours should be transferred to an appro-

priate mental health facility it is stated that if an inmate is assessed to require

hospitalisation, they will be attempted transferred accordingly, either voluntar-

ily or coerced. This is based on the severity of the prisoner's condition rather

than on the duration of placement in an observation cell, and steps to this

effect may as such also be taken before 24 hours has passed.

Paragraph 107 in the CPT’s report

Further, whenever the period of fixation exceeded 24 hours, a doctor was re-

quired to visit the prisoner once per day. The delegation was not able to ascer-

tain whether analogous procedures were applied at Nyborg and Enner Mark

Prison.

The CPT would like to receive clarification of this point from the

Danish authorities.

According to section 66 (5) of the Sentence Enforcement Act, the institutions

must, when fixating a prisoner in a security cell, immediately request a medical

doctor to attend the prisoner. The medical doctor must see the person in ques-

tion, unless the medical doctor, on the basis of a medical assessment, deems

that such supervision is clearly unnecessary.

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According to section 3(3), of Executive Order 175 of 31 January 2022 on the

Use of Means of Restraint in Prisons and Remand Prisons, a doctor must be

informed daily to assess, based on their knowledge of the prisoner, etc.,

whether medical attendance is necessary, if means of restraint are used for

more than 24 consecutive hours.

Furthermore, section 15(3) of the Means of Restraint Order stipulates that the

institution must promptly submit a report to the Department of Prison and

Probation Service if a prisoner’s placement in a security cell with fixation ex-

ceeds 24 hours. The Department of the Prison and Probation Service reviews

all cases where a prisoner has been placed in a security cell with fixation for

more than 24 hours.

Regarding debriefing, section 13 of the Means of Restraint Order requires the

Prison and Probation Service to offer the prisoner a debriefing as soon as pos-

sible after the conclusion of a security cell placement, both with and without

fixation.

This obligation is described in more detail in the Circular 9723 of 24 June 2022

on the Use of Means of Restraint. As outlined in section 3 of the Circular, the

debriefing must generally take place no later than 7 days after the end of the

placement, depending on the prisoner’s physical and mental condition. The

purpose of the debriefing is to help the prisoner process the experience, calmly

asses what led to the incident that resulted in the placement in a security cell,

and to discuss ways to avoid such incidents in the future.

The Danish Prison and Probation Service can confirm that placements in se-

curity cells in Nyborg and Enner Mark Prison are carried out in accordance

with the abovementioned rules and regulations. Healthcare staff are not avail-

able in-house after 15:30 at either Enner Mark or Nyborg Prison. Concerning

health care coverage reference is made to the response to paragraph 75.

Paragraph 111 in the CPT’s report

The Committee reiterates the recommendation that the Danish author-

ities abolish the practice of fixation of prisoners for security reasons and

develop alternative approaches; the CPT would like to be provided with

a detailed plan to achieve this objective. Pending this, the Danish au-

thorities must ensure that the following minimum safeguards are strictly

applied in all prisons resorting to fixation:

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fixation may only be used as a measure of last resort, when

all other reasonable options have failed satisfactorily to deescalate vio-

lence; previous (unsuccessful) measures should be clearly indicated ei-

ther in the decision to apply fixation or in dedicated register;

any fixation may only be of a very short duration (minutes

rather than hours);

fixation may only be resorted to in a medical setting,

namely as expressly ordered by a doctor or immediately brought to the

doctor’s attention. The doctor should proactively visit fixated prisoners

immediately upon fixation to document and treat any injuries, review

the prisoners’ health condition as well as assess the necessity to continue

applying the measure;

fixated inmates should be under continuous, personal and

direct supervision by prison staff physically present in the “security

cell”; observing patients through a window is not sufficient.

Further,

the CPT recommends that steps be taken to ensure that de-

briefing sessions involving the prisoners concerned and custodial and

health-care staff are organized following each measure of fixation, for

oversight and learning purposes. In this context, the establishment of a

“Violence and Threats Committee” at Enner Mark Prison, assessing in-

dividual cases with a view to identify tools and techniques to deescalate

violence and reduce the use of mechanical restraints, draw lessons

learned and compile statistics, is to be considered as a good practice

worthy of applying in all other prisons equipped with “security cells”.

The Committee also recommends that appropriate initial and refresher

training be provided to staff regarding the use of fixation and de-escala-

tion techniques.

Lastly,

the CPT would like to receive statistics on the application of the

measure of fixation in prisons countrywide in 2023 and 2024, broken

down by prison establishment, gender, duration, reason for applying the

measure and whether the inmates in question had a mental illness

and/or had recently self-harmed or attempted to commit suicide.

Regarding the recommendation that fixation may only be used as a measure of

last resort, the Danish Prison and Probation Service refers to section 66(3) of

the Sentence Enforcement Act, which states that fixation must be propor-

tional. Placement in security cell with fixation is considered a last resort meas-

ure and may only be effectuated when less intrusive measures

–

such as

Side 66/100

conversation, deescalating techniques, placement in observation cell or place-

ment in security cell without fixation

–

are rendered insufficient.

Regarding the recommendation that fixation may only be of a very short dura-

tion, the Danish Prison and Probation Service notes that, under section 15 (1)

of Executive Order 175 of 31 January 2022 on the Use of Means of Restraint

in Prisons and Remand Prisons, an entry regarding the supervision of an in-

mate must be made at least every 15 minutes while the inmate is fixated in a

security cell. This entry must include information about the prisoner’s condi-

tion as well as any comments on the necessity of continuing the placement in

a security cell and the fixation.

With regard to the recommendation that fixation should immediately be

brought to the doctor’s attention, such an obligation already follows from na-

tional provisions. According to section 66(5) of the Sentence Enforcement

Act, the institutions must, when fixating a prisoner in a security cell, immedi-

ately request a medical doctor to attend the prisoner. The medical doctor must

see the person in question, unless the medical doctor, on the basis of a medical

assessment, deems that such supervision is clearly unnecessary. Regarding ad-

ditional medical consultation if means of restraint are used for more than 24

consecutive hours, reference is made to the response to paragraph 107.

As to the recommendation that debriefings are conducted following each

measure of fixation, reference is made to the response concerning paragraph

107.

Concerning direct supervision:

When inmates are placed in ”security cells” un-

der the use of coercive mechanical restraint, including belt fixation, they are

observed through a window for the sake of both the inmate’s and the em-

ployee’s safety.

Physical supervision can be perceived as intimidating and thus

in theory contribute to a prolonged fixation of the inmate.

Concerning statistics: Annex 1, tables 8 and 9 present statistics on the use of

fixation measures in prisons nationwide in 2023 and 2024, broken down by

prison establishment, gender, and reason for applying the measure.

Regrettably, reliable statistical data on the duration of measures of mechanical

restraint in prisons, including waist belt fixation to a bed, cannot be automati-

cally extracted from the Danish Prison and Probation Service’s Management

Information System (LIS). This is due to the fact that data quality in this

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particular area is assessed to be insufficient. The registered duration of the fix-

ation often resembles the duration of the placement in security cell although

the fixation has been of a shorter duration. Obtaining reliable information as

to the duration of the fixation would require a manual review of all fixations in

security cell listed in table 9. The prison and probation service has a strong

focus on ensuring reliable data and will consider relevant initiatives to this end.

Additionally, it is not possible to extract statistical data regarding the number

of fixations of prisoners with mental illness and/or recent self-harm or suicide

attempts. This information would also require a manual review.

The Danish Prison and Probation Service will follow the development of pos-

sible alternative measures to the use of force by coercive mechanical restraint

to a bed.

Paragraph 112 in the CPT’s report

In this context,

reference is made to the comments and recommendation

in paragraph 52 above, which apply

mutatis mutandis

also in the prison

context.

The Danish Prison and Probation Service advises that, according to section 6

(2) of the Executive Order 175 of 31 January 2022 on the Use of Means of

Restraint in Prisons and Remand Prisons and section 10 of Guidance 9721 of

26 June 2022 on the Use of Means of Restraint in Prisons and Remand Prisons,

the institution must check which items the prisoners have in their possession

when placed in a security cell. Furthermore the prisoner will normally undergo

a change of clothing. At a minimum, the prisoner must wear the institutions

underpants or be provided with a blanket. In addition the inmate must be of-

fered an undershirt.

As an exception, a change of clothing may be omitted if it is assessed that

changing clothes in itself would escalate the situation. The Danish Prison and

Probation Service has a general focus on the proportional and considerate use

of means of restraint.

Reference is also made to the response regarding paragraph 52.

Paragraph 114 in the CPT’s report

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The Committee would welcome the Danish authorities’ observations on

the possible reasons behind this significant increase at Enner Mark

Prison (and the decrease at the Western Prison). The CPT would also

like to be provided with the corresponding data in respect of the year

2024.

The Department of the Danish Prison and Probation Service initially notices

that the use of force includes and ranges from a relatively gentle, physical guid-

ance of the inmates with hand power to the use of pepper spray and baton.

Accordingly, the use of force and the registration as such varies considerably.

The number of incidents entailing the use of force occurring in any given

prison depends on a number of factors, inter alia and primarily on the specific

inmates, the inmates’

interaction with each other and their interaction with the

staff. A qualified estimate on the increase of incidents which entailed use of

force in Enner Mark Prison in 2023 would require a thorough review of the

more than 300 incidents that occurred in 2022 and 2023. Part of the explana-

tion for the increase in the use of force, might be because of a specific group

of inmates, whose members are considered to be very impulsive, aggressive

and escalating conflict. A member of this group was convicted of attempted

murder of a custodial officer in 2023, which called for a stricter regime in Enner

Mark Prison for security reasons. Conclusively, it is not possible to give a de-

tailed explanation to the increase in frequency of the use of force in Enner

Mark Prison from the year 2022 (127 incidents) to 2023 (181 incidents). The

registered number of incidents entailing the use of force in 2024 is 139 in Enner

Mark Prison and thus a decrease since 2023.

The decrease in number of incidents that required the use of force in Western

Prison from 2022 (427) to 2023 (372) may be attributed to a general focus on

prevention of violence over the last couple of years, including a review of the

local guidelines and procedures, which caused conflicts between inmates and

staff. In Western Prison there has been a great focus on using dialogue instead

of power as conflict management. The Department of the Danish Prison and

Probation Service will look further into the practice conducted in Western

Prison to examine whether this practice may be implemented in other prisons.

Paragraph 115 in the CPT’s report

The Committee would like to receive observations by the Danish au-

thorities on the possible reasons behind this increase. Reference is also

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made here to the comment in paragraph 111 above and the request for

information in paragraph 114 above.

In the years 2022 and 2023 a total of 16 and 18 incidents in Enner Mark Prison

required the use of pepper spray. In comparison the same number in the year

2021 was 22 and in 2024 the registered number was 8. Thus, the number of

incidents entailing the use of pepper spray in Enner Mark Prison fluctuates

over the last number of years. The use of force, including the use of pepper

spray, depends on various factors, mentioned above in regards to par. 114.

Therefore, the Danish Prison and Probation Service cannot point out any pos-

sible reason for the rather minor increase in the use of pepper spray from 2022

to 2023.

Paragraph 118 in the CPT’s report

In the light of the above,

the CPT recommends that the Danish authorities

ensure that the decision to impose a strip search on a prisoner is indeed

always based on an individual risk assessment. As concerns the proce-

dure, the Committee reiterates its recommendation that prisoners who

are subjected to a strip search be allowed to remove clothing above the

waist and redress before removing further clothing.

Further,

when prisoners are instructed to pass through a metal detector,

they should in principle be allowed to keep their clothes (at least the

underwear). As for instructing inmates to squat and cough, this should

only be done if the X-ray machine detects the presence of a suspicious

object inside the prisoner’s body cavities.

According to section 60 of the Sentence Enforcement Act, prison staff is au-

thorised to do strip-searches on detainees without a court order, when it is

considered necessary to ensure prison security or to prevent disorder or crime.

It is practice in high-risk institutions (closed prisons and remand prisons) to

conduct a strip-search in connection with visits and when the inmate is trans-

ported outside the institution by the staff. Furthermore it is stated in section

60, that strip-searches shall be proportional, carried out gently and must only

be attended by prison officers of the same gender as the detained.

The Danish Prison and Probation Service does not use x-ray machines when

searching inmates. When using metal detectors (without x-ray) the staff will

not be able to see a suspicious object inside the prisoner’s

body when conduct-

ing searches.

Side 70/100

The prison service plans to introduce national written guidelines on the proce-

dure of strip-searches in 2025. The guidelines will separately describe the pro-

cedure for using metal detectors including that the inmate as a minimum shall

be able to keep the underwear on, when using the metal detectors. Likewise,

the conditions for instructing the inmates to squat or cough will be specified.

In the light of the committee’s recommendation on two-stage

strip search, the

prison service is following experiences in other countries and is considering

introducing this in Denmark.

Paragraph 119 in the CPT’s report

As for access to a telephone, sentenced prisoners could make telephone calls

for up to 30 minutes per week.

The Committee invites the Danish author-

ities to increase this entitlement.

According to section 57(1) of the Sentence Enforcement Act, sentenced pris-

oners have the right to make telephone calls to the extent that this is practically

possible. However, access to telephone conversations may be denied if this is

deemed necessary for reasons of order or security, in order to support the

prison and probation service’s efforts against radicalisation and extremism, for

reasons of preventing crime or for reasons of protecting the victim of the of-

fense, cf. section 57(2).

No national provisions or guidelines impose a general limitation on the dura-

tion of telephone calls for sentenced prisoners. Thus, there is no general 30

minutes limitation.

However, and according to section 5(2) of Executive Order no. 132 of 3 Feb-

ruary 2025 on the access to telephone calls for sentenced inmates, the prison

service may locally set rules on the actual implementation of the right of in-

mates to conduct phone calls, including limiting the frequency and duration of

phone calls taking into account the personnel resources required to listen in,

record or intercept the conversations, depending on applicable rules.

As stated in the Danish Government’s response to the report of the CPT on

its visit to Denmark from 3 to 12 April 2019, paragraph 38, different telephone

arrangements exist in open prisons, closed prisons and remand prisons.

In open prisons, prisoners typically make their telephone calls from their own

living quarters using mobile phones that are fixed to the wall.

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For closed prisons and Copenhagen remand prisons, in wards with regular

community time, the prisoners' right to telephone conversations can be imple-

mented in the way that the individual prisoner is given a general permission to

make telephone calls to 10 telephone numbers/owners.

Prisoners in remand prisons have access to borrow a telephone.

Paragraph 120 in the CPT’s report

the CPT recommends that continuous efforts be made by the Danish

authorities to ensure that sentenced inmates at the Western Prison ben-

efit from their full entitlement to visits and telephone calls.

The Danish Prison and Probation Service acknowledges the need to improve

conditions for visits to inmates in prisons and remand prisons.

In August 2024, a practitioner committee consisting of staff and associations

representing lawyers and prisoner relatives concluded an analysis and evalua-

tion of the area.

Implementation of 22 of the committee’s 41 recommendations

and initiatives began in 2024, including the introduction of a digital booking

system for visitors and improved written information for inmates and visitors.

The prison and probation service will examine the possibility of implementing

the remaining recommendations and initiatives in 2025.

In addition, Western Prison has expanded the number of visits from relatives

by 64 additional visits per month starting 1 March 2025. Furthermore, the tel-

ephone hours for visit bookings at Western Prison were changed on 1 August

2024, to accommodate relatives who found it difficult to wait in the phone

queue during regular working hours.

Paragraph 121 in the CPT’s report

In the light of the above remarks,

the CPT reiterates its recommendation

that the legal, regulatory and practical framework governing remand

prisoners’ contact with the outside world be reviewed, particularly as

concerns the “B&B” provisions. Steps must be

taken that all remand

prisoners, without exception, effectively benefit from the entitlement of

at least one visit lasting one hour every week. Regarding access to a tel-

ephone, this must be granted as a rule; if there is a risk of collusion, calls

to a particular person could be restricted by a prosecutor for a certain

Side 72/100

amount of time but, in any event, the privileged option should be that

particular telephone calls could be monitored (rather than prohibited).

Further, efforts should be made to ensure that letters sent by and ad-

dressed to remand prisoners on “B&B” restrictions are forwarded with-

out undue delay.

More generally,

the Committee recommends that any restrictions on re-

mand prisoners’ contact with the outside world be subjected to a prior

authorization by a body unconnected with the case at hand (e.g. a judge)

and be applied for a specified period of time (for example, two weeks or

a month), with reasons stated in writing. The relevant decision should

be made available to the prisoner concerned and (if the inmate has one)

the prisoner’s lawyer.

The rules on remand prisoners' right to contact with the outside world are set

out in Chapter 70 of the Danish Administration of Justice Act, which is sup-

plemented by provisions in the Executive Order on remand custody. It is the

view of the Ministry of Justice that these rules contribute to safeguarding the

fundamental rights of remand prisoners in accordance with Denmark’s inter-

national obligations.

It follows from section 770(1) of the Administration of Justice Act that a re-

mand prisoner can only be subject to the restrictions, which are necessary for

the purpose of the remand or the maintenance of order and security in the

remand prison.

The rules on supervised visits are set out in section 771 of the Administration

of Justice Act. A remand prisoner is entitled to receive visits to the extent that

the maintenance of order and security in the remand prison permits it. How-

ever, visits can be supervised by police if, among other things, it is deemed

necessary for the purpose of custody, e.g. if there is a risk of impact or to pre-

vent evasion. In addition, supervision may be used in certain gang-related crim-

inal cases. At the same time, it should be noted that the remand prisoner always

has the right to unsupervised visits by his or her lawyer, and the remand pris-

oner can also demand that the question of supervision be submitted to the

court for a decision.

The rules on supervision of letter correspondence are set out in section 772 of

the Administration of Justice Act. A remand prisoner has the right to receive

and send letters. However, the police can inspect letters before the remand

prisoner receives or sends them. In addition, the police may withhold a letter

if the content could jeopardise the investigation or the maintenance of order

Side 73/100

and security in the remand prison, or if the remand prisoner's circumstances

make it necessary to prevent evasion. If a letter is withheld, the question must

immediately be submitted to the court for a decision.

In practice, the decision on supervised visits and letter correspondence is taken

by the prosecutor at the time when the decision on remand (or the prolonging

thereof) is taken by the court. It should be noted that the Director of Public

Prosecutions has guidelines for the use of supervised visits and letter corre-

spondence, which state, among other things, that the prosecutor can only de-

cide to impose restrictions that are deemed necessary in accordance with sec-

tion 770 of the Administration of Justice Act.

The rules on the right of remand prisoners to make telephone calls are set out

in chapter 23 of the Executive Order on remand custody. Remand prisoners

may be authorised to make telephone calls if communication by letter corre-

spondence cannot be awaited without significant inconvenience and it is prac-

tically possible. The police may object to a remand prisoner making telephone

calls for the purpose of the remand in custody. In addition, the Prison and

Probation Service may refuse to allow a remand prisoner to make a telephone

call if this is deemed necessary for reasons of public order or security. Tele-

phone conversations are recorded, listened to or monitored unless this is not

necessary for public order or security reasons. It should be noted that a remand

prisoner generally has the right to telephone calls with his or her lawyer. Such

telephone conversations shall not be recorded, listened to or monitored.

Thus, there are a number of important reasons for the restrictions on remand

prisoners' contact with the outside world, including to ensure that the purpose

of the remand detention can be achieved. At the same time, legal guarantees

are built in for remand prisoners, including the rules on referral to court. The

Ministry of Justice and other relevant authorities continuously consider

whether there is reason to change the rules and practices in the area to ensure

the right balance between effective law enforcement on one hand and the right

of remand prisoners to contact with the outside world on the other.

Paragraph 122 in the CPT’s report

The CPT encourages the Danish authorities to explore ways to facilitate

prisoners’ communications through modern technologies (such as

VoiP), with due regard to necessary security requirements.

Side 74/100

The Department of the Danish Prison and Probation Service continuously

work towards modernisation of prisoners’ communication with the outside

world, and to that end, the use of modern technologies is under consideration.

A specific project under implementation in 2025 shall introduce the option of

video-calls between inmates and their children. In the future, the prison service

will continue to consider introducing other new technologies such as to im-

prove availability of modern means of communication for prisoners.

Paragraph 123 in the CPT’s report

In the light of the above,

the CPT reiterates its recommendation that writ-

ten information on house rules and prisoners’ rights be

systematically

distributed to all prisoners upon admission.

The Danish Prison and Probation Service follows a fixed admission procedure

when receiving new inmates in remand prisons and prisons. As part of the

admission procedure, inmates are given written information on house rules and

must be briefed on and given written information on being remanded in cus-

tody or serving a sentence.

In the written information, the inmate is informed about the most important

rules that apply to those arrested and remanded in custody or to those serving

a prison sentence. This includes information on their rights and responsibili-

ties, for example the right to receive visitors, the right to and duty of occupa-

tion

–

through work, education or other approved activity, including treatment

–

as well as information on leisure activities, case management, parole, leave,

avenues of complaint etc.

The written information on being remanded in custody or serving a sentence

has been translated into sixteen different languages.

In order to ensure that the information given by arrival is sufficiently updated

and easy to understand, house rules are currently being revised.

Paragraph 125 in the CPT’s report

The Committee reiterates its recommendation that the Danish authori-

ties take steps to improve internal complaint mechanisms by ensuring

that prisoners are timely informed of the action taken to address their

concerns or of the reasons for considering the complaint unjustified.

Side 75/100

Further,

dedicated complaints registers should be set up in each prison,

which would assist the management in assessing the functioning of the

complaints system and identifying areas of discontent to be addressed

at local, regional or national level.

The Danish Prison and Probation Service implemented two organisational

changes in 2015 and 2023, establishing two regional offices in eastern and west-

ern Denmark. These regional offices support daily operations in prisons and

provide guidance to the prison staff, which also provides the means for better

assistance and guidance of prisoners.

More staff with legal education have been employed in continuation of the

latest organisational change, including in prisons, improving the quality of

guidance available to prisoners regarding complaints.

Additionally, standardised decision templates are continuously being devel-

oped, which include complaint guidelines to ensure clarity and accessibility.

A cooperation forum with representatives from various lawyer organisations

has also been established. This forum discusses topics relevant to lawyers

working with prisoners thereby enabling the prison and probation service to

adjust workflows based on their input.

Regarding complaints against personnel, the prison and probation service in-

troduced a procedure in December 2020 to ensure the necessary confidentiality

for inmates.

his procedure must be followed when inmates file complaints

about correctional staff.

The procedure specifies where complaints should be submitted and which in-

stitutions are responsible for processing them.

Complaints from inmates about staff are handled by the Human Resources

unit in each regional office.

A specific text is also included in the house rules of procedure: "You are hereby

informed that you have the right to file a complaint if you have been subjected

to mistreatment etc. from staff in the institution. This also applies if you have

experienced staff behaviour or use of language as degrading or inappropriate.

You may submit your complaint to the staff in a sealed envelope and request

that it be forwarded to the institutional management.”

Side 76/100

D. Psychiatric establishments

Paragraph 137 in the

CPT’s report

The CPT’s observations concerning paragraph 137:

[…] Some patients [in the Psychiatric Departments of Aarhus University

Hospital] had apparently not (always) received printouts of their (updated)

plans and some plans lacked mention of the patients’ views on the pro-

posed treatment.

The CPT trusts that the shortcomings will be reme-

died.

Region

Midtjylland Psychiatry (hereinafter ‘Region Midtjylland’) who are re-

sponsible for the Psychiatric Departments of Aarhus University Hospital has

informed the Ministry of Interior and Health (hereinafter ‘the Ministry’) of the

following:

“In accordance with the psychiatric guideline “Treatment Plans in Psychiatry

– General Psychiatric Guideline”, Region Midtjylland confirms that patients

receive their updated treatment plans. Following the CPT’s visit, this practice

has been further reinforced. “

Paragraph 141 in the

CPT’s report

The CPT’s observations concerning paragraph 141:

[…]

the CPT reiterates its recommendation that the Danish authori-

ties place continued focus on preventing and reducing recourse to

means of restraint in psychiatric hospitals, and instances of fixation in

particular. This obviously implies that a reduction in recourse to fixa-

tion should not be substituted by an increased use of other, similarly

or even more intrusive/coercive means of restraint (e.g. chemical re-

straint).

Initially, the

Ministry wishes to express that the Ministry appreciates the CPT’s

acknowledgement of the efforts the Danish Government has made in recent

years in order to prevent and reduce recourse to means of restraint in psychi-

atric hospitals.

Side 77/100

For a number of years, the Government has had

–

and continues to have

–

strong focus on helping people with mental illness.

Thus, in September 2022 the Government and a majority of the political parties

concluded an agreement of a 10-year plan to improve the psychiatric and men-

tal health field. The 10-year plan is an agreement based on a report from the

Danish Health Authority (Sundhedsstyrelsen) and the National Board of Social

Service (Social- og Boligstyrelsen) which outlines the primary challenges and

improvement points as well as potential solutions regarding mental illness and

mental health in Denmark. The agreement is a long-term plan focusing on the

direction for mental health treatment in Denmark as well as prevention and a

stronger coherence between general practice, psychiatric hospital services and

the social services.

As stated in the response of the Government in 2019, the Ministry decided in

2014 to set an ambitious goal to reduce coercive measures with 50 % by 2020.

This goal was not reached, although the number of prolonged belt restraints

have been reduced significantly. The Ministry is also aware of the so-called

“substitution effect”, as mentioned by the CPT.

In 2023, as part of the 10-year plan, the Government set a new and ambitious

goal to reduce coercive measures by 30% by 2030. This goal includes belts,

restraints and forced medication with a particularly focus on young people and

children.

In order to ensure that the new guidelines and measures are applied correctly

and effectively in order to reach the 30% reduction in 2030, the five Danish

regions, who carry the responsibility to secure and improve psychiatric hospital

service, have received funding to support their efforts towards achieving the

goal to reduce coercion.

The Government has also developed a new model for monitoring the use of

coercive measures according to the new ambitious goal to reduce coercive

Side 78/100

measures. The national task force established in 2014 by the Health Authority

(Task Force for the prevention of use of coercive measures) has been strength-

ened and will continue to monitor and follow closely the developments in the

psychiatric field with a particular focus on the use of coercion in psychiatric

hospitals and discuss potential issues or ways of improvement in order to reach

the goal of reducing belts, restraints and forced medication by 30% by 2030.

The Government has since 2019 prioritized over 4,5 billion DKK (EUR 600

million) permanently for a fully funded 10-year plan in 2030.

Finally, the Government would like to note that the Government in April 2025

has begun the negotiation of the last and final step of the 10-year plan towards

2030 with the purpose of ensuring the necessary capacity and quality of care as

well as the reduction in coercion in the psychiatric field. As part of the negoti-

ations, the possibility to introduce new coercive measures of a less intrusive

character, are being discussed. As an example of the things being discussed is

the possibility to tell patients to go their patient room for a shorter period of

time (without the door being locked) or to use chemical restraints if a patient

is a danger to themselves or others (today, this is only allowed if the patient is

very restless). The discussion of new coercive measures is based on a report

from the Danish Health Authority who has assessed that the use of coercive

measures of a less intrusive character will reduce the use of the most intrusive

forms of coercion, here amongst especially the use of belts.

Paragraph 145 in the

CPT’s report

The CPT’s observations concerning paragraph 145:

[…]

the Committee strongly encourages the managements of Aarhus

University Hospital and Glostrup Psychiatric Centre to pursue their

efforts to reduce the length and the frequency of fixation and other

forms of restraint.

The Ministry agrees with the CPT’s remarks that fixation is a very intrusive

measure, and that all psychiatric hospitals should pursue their effort to reduce

the length and frequency of fixation and other forms of restraint.

Side 79/100

Region Midtjylland has informed the Ministry that of the following regarding

their efforts to reduce the length and frequency of fixation and other forms of

restraint:

“Region

Midtjylland is working systematically to prevent and reduce the use of

fixation. The following initiatives have been initiated:

Region Midtjylland has an overall plan for preventing and reducing fixation,

which is updated annually. This plan is managed by the hospital management

and a multidisciplinary task force.

All psychiatric departments, including the Department of Affective Disorders,

the Department of Psychoses, the Department of Forensic Psychiatry and the

Department of Child and Adolescent Psychiatry have developed their own ac-

tion plans to prevent fixation. The hospital management monitors these plans

and the achievement of set objectives in frequent dialogue with the depart-

ments.

From 2025 to 2030 a focused initiative will be implemented for patients who

are repeatedly subjected to fixation (focus patients). As part of this initiative,

clinical coordinators will be employed in all departments. These coordinators

will work on fixation prevention and will be responsible for:

- Ensuring

an overview of the department’s focus patients and high-risk

pa-

tients.

- Supporting workflows for coherent patient care both internal and intersecto-

rial.

- Ensuring systematic learning and quality assurance after fixation incidents.

Supporting the initiatives

outlined in the department’s action plan for fixation

prevention.

- Continued focus on de-escalation training for both new employees and exist-

ing staff.

- Strengthening the field of self-harm.

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- Leadership training regarding fixation prevention for leaders of departments

and clinics.”

Region Hovedstadens Psychiatry (hereinafter ‘Region Hovedstaden’) who are

responsible for Glostrup Psychiatric Centre, has informed the Ministry of the

following regarding their efforts to reduce the length and frequency of fixation

and other forms of restraint:

“Management

and staff at Glostrup Psychiatric Centre work systematically to

reduce the use of coercion. Over the last three years there has been a substan-

tial decrease in the use of coercion. This is a result of the implementation of a

wide range of measures described below, combined with a strong and contin-

uous focus on narratives, how we talk about coercion and the patients in gen-

eral, from the hospital’s top management. It is imperative for management

and

staff to continue to maintain and improve these results.

The specific efforts include:

- Implementation of the so-called

“Safewards model” in all in-patient

units.

The model contains ten interventions designed to reduce conflict and contain-

ment. The interventions are: Clear Mutual Expectations, Soft Words, Talk

Down, Positive Words, Bad News Mitigation, Know Each Other, Mutual Help

Meeting, Calm Down Methods, Reassurance and Discharge Messages. Learn

more at https://www.safewards.net/.

- De-escalation coaches are present in all evening shifts at the

center’s

in-pa-

tient units. The de-escalation coaches are experienced members of staff with a

thorough and broad experience in mental health care, experience with de-esca-

lation techniques, conflict prevention and relationship work. The de-escalation

coaches are available to the staff as an extra resource and as a sounding board

to help prevent conflicts.

- The center conducts systematic reviews every time an episode of restraint has

occurred. The calendars of all heads of in-patient units are pre-booked to se-

cure the time to conducts reviews when needed. The Chief Nurse and Chief

Medical Doctor always participate, and the main aim is to learn from the spe-

cific situation and make sure that there are strong and feasible plans for

Side 81/100

preventing coercion in relation to the specific patient and in other similar situ-

ations.

Several specially trained members of staff, “local instructors”, are employed

in all in- and out-patient units. Their task is to ensure a consistent and high

level of de-escalation techniques and conflict handling in their unit, as well as

helping to maintain the competencies all employees acquire through the man-

datory courses in prevention and management of conflicts.

Another important effort to prevent the use of coercion, is that hospitalized

patients are offered a variety of both group and individual activities by the staff

in the in-patient

units and the center’s physiotherapists and occupational ther-

apists.

The center has a particularly strong focus on patients prone to severe self-

harm. This has required the staff to acquire special skills and competences as

well as a need to ensure close collaboration and teamwork regarding the indi-

vidual patients.

In 2025, Glostrup Psychiatric Centre have started a new effort to reduce coer-

cion involving double-admitted patients, where the restraint takes place at the

somatic hospital at Amager Hvidovre Hospital. The center is in the process of

establishing an advisory and outreach team consisting of doctors and nurses,

who can help prevent the use of restraints on double-admitted patients. The

team is inspired by a similar team in a neighboring mental health center, Co-

penhagen Psychiatric Centre.”

Paragraph 146 in the CPT’s report

The CPT’s observations concerning paragraph 146:

The CPT recommends that steps be taken at Aarhus University Hos-

pital to ensure that a debriefing with the patient takes place after the

end of each episode of fixation, and that this fact is systematically rec-

orded.

Region Midtjylland has informed the Ministry of the following:

Side 82/100

“Region Midtjylland will strengthen the focus on this area. Including debriefing

with the patients and correcting documentation. This to ensure compliance

with the guideline:

“Debriefing

with the Patient After Fixation

–

General Psy-

chiatric Guideline.”

Paragraph 148 in the

CPT’s report

The CPT’s observations concerning paragraph 148:

[..] the CPT must reiterate its view that, in light of the particular vulnera-

bility of underage patients, it has serious misgivings about the application

of mechanical and chemical restraint in respect of them. Both means

should only be used, if at all, as a measure of absolute last resort and any

fixation should be terminated as soon as possible. In some cases, when

manual restraint (holding) is not sufficient to calm down agitated juveniles,

they might be contained in unlocked “time out” rooms with staff present.

The Committee recommends that steps be taken to fully implement

these precepts at the Department for Child and Adolescent Psychiatry

of Aarhus University Hospital and, more generally, in all other psy-

chiatric establishments accommodating juvenile patients in Denmark.

Initially, the Government would like to emphasize that it is a fundamental prin-

ciple in Denmark, that patients have a right to make an informed decision

about receiving or not receiving medical treatment. Furthermore, although it is

allowed to apply coercive measures to juvenile patients, it is a basic principle in

the

Mental Health Act (hereinafter “MHA”), that coercion should not be ap-

plied to this patient group.

The Government has in recent years increased its focus on juvenile patients

with psychiatric illnesses.

Among other things, the Government has an increased focus on juvenile pa-

tients in the new goal for reducing coercion by 30% by 2030, as stated in the

Ministry’s notes under paragraph 141.

Side 83/100

Furthermore, the Government amended the MHA in June 2024, whereas ju-

venile patients under the age of 15 was given the right to consent to treatment

in psychiatric hospitals, regardless of a possible consent from the parents or

guardian of the juvenile patient1. As a result of this amendment, all patients

regardless of age have the same legal rights, including the right to a patient

adviser and the right to complain to the Psychiatric Patients’ Complaints

Board. All coercive measures are now registered as such. Before the amend-

ment, coercive measures with consent from the parents or guardian were reg-

istered as “use of force”.

For clarification, the Government would also like to note that the possibility

to contain juveniles in unlocked “time-out” rooms with staff present, as men-

tioned by the CPT in para. 148, is not permissible according to MHA, unless

the juvenile consents to go to the room.

In regards to the recommendation regarding the Department for Child and

Adolescent Psychiatry of Aarhus University Hospital, Region Midtjylland has

informed the Ministry that of the following:

“The

past four years Child and Adolescent Psychiatry has worked systemati-

cally to prevent and reduce fixation. This has resulted in a decrease in both the

number of initiated fixation incidents and the number of patients affected by

fixation.

This progress can be attributed to strong leadership focus, targeted compe-

tence development, and well-planned organization. Initiatives include:

A hand-off strategy for patients with self-harm behavior.

A new treatment strategy for patients with eating disorders, focusing on moti-

vating patients experiencing food refusal and milieu therapy.

Structured use of patient-directed admissions, which has shown positive out-

come.

Section 1, (4-6) MHA.

Side 84/100

To further reduce fixation, continuous efforts are made to enhance collabora-

tion with patients and relatives through systematic matching of expectations

before, during and after admission.

The ward for adolescent patients has introduced a mobile outgoing function,

where staff visit patients who, due to their psychiatric condition or cognitive

level (e.g., autism or intellectual disability), experience significant difficulties in

being transferred from their home or residential care facility. This initiative

prevents admission that often can lead to fixation.

The ward also offers post-discharge follow-up through:

A helpline for adolescent patients, parents, and care facilities.

Proactive telephone follow-ups, where staff actively contact the patients or

their parents.

For patients at risk of repeated acute admissions with a high likelihood of fix-

ation, scheduled voluntary admissions every one to two weeks can be arranged.

The department for eating disorders does not handle acute admissions. The

practice of this department is to have pre-admission consultations for all pa-

tients, involving parents, care facilities, and out-patient clinics. Similar consul-

tations are conducted before discharge to strengthen collaboration and reduce

fixation.

Prospectively, there will be a continued focus on strengthening cross-sector

collaboration, as well as developing additional measures to reduce the need for

fixation regarding children and adolescents.”

Paragraph 150 in the CPT’s report

The CPT’s observations concerning paragraph 150:

The Committee recommends that steps be taken at Aarhus University

Hospital and Glostrup Psychiatric Centre (and in all other psychiatric

establishments in Denmark, as applicable) to limit any presence of po-

lice officers to absolutely exceptional situations.

The CPT further recommends that if, very exceptionally, it is consid-

ered necessary by the healthcare professional involved that police

Side 85/100

officers remain present upon an agitated patient’s admission, the med-

ical examination must be conducted out of their hearing and, if possi-

ble, also out of their sight.

“Special means” (including handcuffs) should never be used in a psy-

chiatric setting to handle agitated patients, including during a pa-

tient’s admission

Initially, the Ministry would like to note that the presence of police officers in

psychiatric hospitals should be used only when strictly necessary, and with con-

sideration of the confidentiality between patient and hospital staff.

That being said, the Ministry would also like to note that safety of staff and

fellow patients in psychiatric hospitals or emergency rooms is of great im-

portance to the Government.

In regards to the recommendation regarding Aarhus University Hospital and

Glostrup Psychiatric Centre, Region Midtjylland has informed the Ministry that

of the following:

“Region Midtjylland confirms that

police assistance is only used when strictly

necessary in extraordinary situations.

In cases of compulsory admission, police presence may be required if admis-

sion is deemed unnecessary, and the police must take the patient back into

custody. Region Midtjylland Psychiatry will look into the possibilities regarding

if police officers can remain in a separate room during the psychiatric evalua-

tion.

In addition to this, in cases when patients are extremely aggressive or pose a

significant risk to the psychiatric staff, police presence may be required to en-

sure safety. Region Midtjylland Psychiatry solely require police presence in spe-

cial cases.”

Additionally, Region Hovedstaden has informed the Ministry of the following:

Side 86/100

“As

any psychiatric hospital, Mental Health Centre Glostrup cooperates with

the police. This primarily takes place when the police escort a patient to the

psychiatric emergency unit or an intensive care in-patient unit, or when the

police are summoned in connection to a particular difficult or violent situation.

In the first-mentioned situations, when the police bring a patient to the mental

health center, the police are responsible for the security up until the moment,

when the patient has been searched and has entered the unit. Staff and police

can agree that the police officers wait outside the consultation room during the

medical examination of the patient. However, if it is not considered safe, the

police officers are required to be present by the patient’s

side, even though this

means they will be present during a medical examination in the emergency unit.

If the police then escort the patient to the in-patient unit, the accompanying

doctor briefs the staff of the unit. However, if it is needed to share sensitive

details, these will be given beforehand over the telephone. In most situations

the police leave the unit as soon at the patient enters.

The second situation in which the police is present at the mental health center

is if they are called in cases of serious emergencies. This only happens if the

staff is not able to handle the emergency themselves to secure the safety of

patients and/or staff. This rarely happens and the police are always present for

the shortest time possible. In these cases, it is very important that the situation

is handled in an orderly and respectful manner towards the patient. These sit-

uations are always evaluated and reviewed.”

Paragraph 151 in the CPT’s report

The CPT’s observations concerning paragraph 151:

In both psychiatric establishments visited, health care staff spoke very pos-

itively about a practice under which, when police brought a patient to the

establishment, a nurse would be called to accompany the patient already in

the police car and to advise police officers on how to interact with the pa-

tient. […]. Unfortunately, the aforementioned practice had reportedly been

discontinued shortly before the CPT’s visit.

The Committee would wel-

come the Danish authorities’ observations on this subject.

Side 87/100

The Ministry assumes that the practice referred to by the health care staff are

the Joint Emergency Teams (“fælles udrykningsteams”). Joint Emergency

Teams was a pilot project founded by the Government where police officers

in a number of police precincts drove out with a psychiatric nurse, and dealt

with incidents involving persons with mental illness. The purpose of the Joint

Emergency Teams was to strengthen the cooperation between the police and

health authorities and in doing so, giving persons with a mental illness a safe

and integrated experience with the authorities.

The project ran from 2019 to 2021. After the end of the project, it was up to

the police precincts to determine whether or not they wanted to continue with

the project. To the Government’s

knowledge, some police precincts have con-

tinued with the Joint Emergency Teams.

The Government notes that the Government finds the use of the Joint Emer-

gency Teams very positive, and has made sure that no there are no legal obsta-

cles for neither police or health care staff in using them. Thus, when an evalu-

ation of the project pointed out some legal challenges with the psychiatric nurse

sharing the necessary health information regarding the person to whom the

police and psychiatric nurse had to contact, the Government amended the

MHA. The amendment came into force in June 20242.

Paragraph 158 in the CPT’s report

The CPT’s observations concerning paragraph 158:

[…]

the Committee reiterates its recommendation that if voluntary

patients are considered to be in need of fixation, their legal status as

“voluntary” should be reviewed immediately, with the aim of provid-

ing them with all legal safeguards accorded to involuntary patients.

The review of their legal status should not be delayed until after re-

lease from fixation.

Section 19 F MHA.

Side 88/100

The Ministry respectfully refers to the Ministry’s reply to para. 183 from CPT’s

report from 2019, where the Ministry noted that there currently are no plans

to alter the current arrangement at this time.

As mentioned in the

Ministry’s reply to paragraph 183, the time limit of 24 and

48 hours3 is stipulated so that the senior psychiatrist will obtain adequate time

to establish whether the patient meets the conditions of being detained or dis-

charged, as stipulated in the MHA, Section 5.

Furthermore, the Region Midtjylland has informed the Ministry of the follow-

ing:

“Region Midtjylland Psychiatry aims to evaluate the patients' status as quickly

as possible in accordance to existing laws and guidelines. However, acute situ-

ations may occasionally cause delay in the process. Nevertheless, ensuring

timely medical evaluation is a priority.”

Paragraph 159 in the CPT’s report

The CPT’s observations concerning paragraph 159:

[…] As mentioned in the aforementioned paragraph, patients subjected to

“civil” involuntary hospitalization have an independent patient adviser ap-

pointed

ex officio

as from the very outset of their placement. However, the

delegation was not in a position to ascertain whether such patients also

have access to

ex officio

legal assistance (in the manner the forensic pa-

tients do […].

The CPT would like to receive clarification of this point

from the Danish authorities.

As mentioned by the CPT, patients who are subjected to civil involuntary hos-

pitalization will be appointed a patient adviser ex officio4. The CPT is correct

in that such patients do not have access ex officio legal assistance in the manner

Section 10 MHA.

Section 24 MHA.

Side 89/100

the forensic patients do, where the competent prosecutor is required by law to

assess the need for continued involuntary hospitalization.

Decisions regarding a civil involuntary hospitalization is solely based on a med-

ical review by doctors, and can only be upheld as long as the conditions in

MHA, Section 5 are met, whereas forensic patients’

hospitalization is based on

a court order in the context of criminal proceedings.

According to Section 5 in the MHA, the patient must be insane or in a condi-

tion similar to insanity in order to use involuntary hospitalization. The follow-

ing two conditions must be met:

1. The patient must be insane (mentally ill) or in a similar condition, and

2. It must be deemed unjustifiable not to admit the patient for treatment.

This is the case when in the following situations:

1. The prospect of recovery or a significant and decisive improvement of the

patient’s condition would otherwise

be seriously reduced, or

2. The patient exposes him or herself or others to significant harm.

Additionally, it appears from Section 4 (1), that no coercive measures may be

applied unless all available alternatives have been tried to make patients coop-

erate voluntarily.

When reasonable in circumstances, patients must be given an appropriate pe-

riod of reflection.

It appears from Section 4, subsection 2, that the use of coercive measures must

be proportionate to the aim pursued. If less intrusive measures are sufficient,

such measures must

be used.

The Government would also like to add in regards to patient advisers and ju-

dicial review, that patient advisers must assist the patient with all matters re-

garding the patient’s stay and

treatment at the psychiatric department, here

Side 90/100

amongst if the patient wishes to complain

to the Psychiatric Patients’ Com-

plaints Board. Patient advisers takes classes about the rules in MHA, and are

instructed on how to complain to the

Psychiatric Patients’ Complaints Board.

The Government would also like to note that cases involving administrative

deprivation of liberty

–

including involuntary hospitalization - may be heard by

the Danish courts under Part 43a of the Administration of Justice Act, which

provides for a summary procedure for judicial review. The procedure for judi-

cial review must be as simple and free of charge as possible for the person who

has been or is currently administratively detained.

Thus, in situations where the

Psychiatric Patients’ Complaints Board

has found

an involuntary hospitalization or a coercive measure unlawful, the patient can

request the region who is responsible for the psychiatric hospitals, to institute

court proceedings in pursuance of Part 43a of the Danish Administration of

Justice Act, if the patient wishes to seek compensation.

Paragraph 161 in the CPT’s report

The CPT’s observations concerning paragraph 161:

The CPT reiterates its recommendation that steps be taken, including

at a legislative level, to ensure that the internal review of “civil” invol-

untary hospitalization require the opinion of a doctor independent of

the psychiatric department accommodating the patient concerned.

The Committee further invites the Danish authorities to introduce an

effective mechanism for independent external reviews of patients’ in-

voluntary hospitalization, at reasonable intervals.

The Ministry has taken note of the CPT’s recommendation. The Ministry re-

spectfully refers to the Ministry’s reply from 2014 and 2019. Thus, it is still the

Ministry’s opinion that the current rules are sufficient to ensure the necessary

safeguards for the patients, who must be fully informed if there is a discrepancy

between the two doctor’s assessments. Furthermore, patients can lodge a com-

plaint to both the Psychiatric Patient’s Board, in some cases the Psychiatric

Side 91/100

Patient Appeals Board, and the civil courts regarding the matter of involuntary

admission and coercive measures.

Paragraph 162 in the CPT’s report

The CPT’s observations concerning paragraph 162:

The

CPT recommends that the aforementioned legal provision be

amended. Voluntary patients who no longer wish to remain hospital-

ized should be discharged without any delay.

[…] a “civil” patient’s voluntary stay in hospital may be transformed into

involuntary hospitalization upon the decision of a senior psychiatrist. […]

such transformation of a voluntary hospitalization into an involuntary one

still does not require the involvement of another doctor independent of the

department accommodation the patient concerned.

The Committee rec-

ommends that the MHA be amended accordingly.

The Ministry has taken note

of the CPT’s recommendation regarding patients’

requests for discharge. However, as stated in the Ministry’s reply to paragraph

149 in the CPT’s report from 2014 and paragraph 183 in the CPT’s report from

2019, the Ministry has no plans to alter the current arrangement at this time.

As mentioned in the two aforementioned reports from 2014 and 2019, the time

limit of 24 hours is stipulated so that the chief physician will obtain adequate

time to establish whether the patient meets the conditions of being detained or

discharged, as stipulated in MHA Section 5, as described in the Ministry’s reply

to para. 159.

Furthermore, the Ministry has taken note of the CPT’s recommendation re-

garding involvement of an independent doctor. It is the Ministry’s opinion that

the current rules are sufficient to ensure the necessary safeguards for the pa-

tients. As mentioned in the

Ministry’s reply to para. 161, patients can lodge a

complaint to both the Psychiatric Patient’s Board, in some cases the Psychiatric

Patient Appeals Board, and the civil courts regarding the matter of involuntary

admission and coercive measures.

Side 92/100

Paragraph

163 in the CPT’s report

The CPT’s observations concerning paragraph 163:

[…] The competent prosecutor is required by law to assess the need for

continued compulsory hospitalization (on the basis of the treating psychi-

atrist’s opinion and, if required by the case, a statement from the DPPA).

[…].

The Committee therefore recommends that the frequency of

officio

judicial reviews be increased for patients detained under a fo-

rensic placement decision, to once per year for example. The CPT also

recommends that the current legislation be amended so as to introduce

the requirement of obtaining an external psychological or psychiatric

opinion in the context of such judicial review.

In response to the CPT’s recommendation regarding the frequency of ex offi-

cio judicial review, the Ministry notes that the Prosecution Service by law has

a duty to ensure that a compulsory hospitalization is not upheld for longer or

to a greater extent than necessary.

The Director of Public Prosecutions has issued guidelines for the Prosecution

Service's control when ensuring that a compulsory hospitalization is still nec-

essary. According to these guidelines, as a general rule a statement from the

institution is gathered once a year. This ensures that the hospitalization is not

upheld longer than necessary.

Besides the forensic patient, the guardian ad litem, the Prosecution Service, the

management of the institution and the Danish Prison and Probation Service

can request a judicial review. Only the patient and the guardian ad litem are

limited to requesting this review once every six months. This limitation does

not apply for the Prosecution Service, the management of the institution and

the Danish Prison and Probation Service.

In regards to the CPT’s recommendation that an external psychological or psy-

chiatric opinion should be introduced, the Ministry notes that there are no

plans to change the current rules. This is due to the fact that the treating psy-

chiatrist has a thorough knowledge of the psychiatric condition of the forensic

Side 93/100

patient, including, for example, if the condition of the forensic patient is stable

or not.

Based on the above the Ministry finds that the possibilities for judicial review

of compulsory hospitalization are adequate and sufficiently balanced through

the current rules.

Paragraph 166 in the

CPT’s report

The CPT’s observations concerning paragraph 166:

The CPT would like to be informed of the rules in force and criteria

applied to restrict patients’ use of their own mobile phones.

As a general rule in psychiatric hospitals, patients are allowed to keep their

mobile phones during their hospitalization.

It is however possible for the psychiatric hospitals to establish house rules with

a number of restrictions, cf. Section 2 b in the MHA. In accordance with Sec-

tion 2 b, the psychiatric hospitals can restrict a patient’s

access to the patient’s

mobile phone, if a patient’s behavior when using the mobile phone is in the

clear disinterest of the patient, or if the behavior is clearly harassing staff or

fellow patients. An example of a situation where restricting access to a mobile

phone is allowed can be if a patient due to the mental status of the patient take

out a high number of online loans or online loans of such an economic size,

that it must be considered harmful for the patient’s future possibilities for a

stable financial situation. Situations where the patient takes unwanted photos

or videos of staff or fellow patients, and possibly posting these on social me-

dias, can be mentioned as another example.

In addition, the Ministry notes that it is possible to restrict access to mobile

phones for people placed in surrogate wards in the psychiatric hospital in con-

sideration of safety and order, cf. Section 19 d. People placed in surrogate de-

partments are awaiting trail and is being examined for suspected mental ill-

nesses.

Side 94/100

Side 95/100

Annex 1

–

Statistics

Table 1. Unconditional penalty cells, Ellebæk Centre for Foreigners

Unconditional penalty cells in 2022-2024, Ellebæk Centre for Foreigners

2022

1-14 days

15 days or more

Total

2023

2024

Source:

Data was extracted from the Danish Prison and Probation Service’s Client Management System on January

28, 2025, and the tables shown reflect the condition of the data at that time. Data regarding 2024 are preliminary.

Table 2. Capacity expansions, prisons and remand prisons

Invest-

ments

Budget

in mil-

lions,

DKK*

194.5

838.5

2,501.9

3,000.0

6,534.9

Upcoming capacity

Price

expansions (ex-

level

pected to open)

2022

Ringe Prison

2023

Sdr. Omme Prison

Gjilan Prison**

New remand prison in

2023

Slagelse

2024

New prison in Viborg

Expected total ca-

pacity (ultimo)

Capacity expansion

(accumulated)

2024

2025

2026

2027

2028

2029

2030

2031

2032

200

300

400

4,128

4,382

254

4,382

254

4,682

554

4,682

554

4,682

554

5,082

954

5,082

954

5,482

1,354

Notes:

The table shows capacity expansions in the Danish Prison and Probation Service, approved in the multi-year

agreement 2022-2025. Only currently approved capacity expansions are included.

* The column shows the most recently approved investment expenses related to the establishment of the new capacity

as allocated in the national budget. In addition, there are annual operating costs, which are also expected to be allocated

in the national budget when the capacity is brought into use.

** Rental of 300 cells in Kosovo. The exact date of opening is still unknown. The expenses are based on a special

model, and financing is allocated in the national budget.

Side 96/100

Table 3. Number of violent incidents and threats of violence committed

by inmates against other inmates

Threat-

ened by

inmate(s)

Attempted

restrained

by in-

mate(s)

Pushed

by in-

mate(s)

Beaten

without

leaving

a visible

mark

Beaten Beaten Stabbed,

leaving leaving

shot or

bruises wounds attacked

with

injuries weapons

Other

as-

saults

Num-

ber of

in-

mates

ex-

posed

to vio-

lence

and/

threats

of vio-

lence**

125

Closed

prisons

2024*

Open

prisons

2024*

Local re-

mand

prisons

and Co-

penhagen

remand

prisons

2024*

2024 in

Total

2023

2022

2021

2020

2019

2018

2017

2016

2015

102

133

277

373

306

314

329

411

348

405

343

349

Notes:

* In the three top rows, the numbers for 2024 are disaggregated by prison category.

**The specific inmates may have been subject to more than one of the above-mentioned occurrences at the same

time. Therefore, the sum of the occurrences is greater than the number of inmates exposed to violence or/and threats

of violence.

Source:

Data was extracted from the Danish Prison and Probation Service’s Management Information System (LIS)

on January 29, 2025. The information in LIS is based on manual registrations in the Danish Prison and Probation

Service’s

Client Management System by the time data were extracted and transferred to LIS. Registration errors and

deficiencies may occur. Data regarding 2024 are preliminary.

Side 97/100

Table 4. Unconditional penalty cells, prisons, adults

Unconditional penalty cells in 2023, adults

Jan. Feb. Mar. Apr. May Jun. Jul. Aug.

1-14 days 268 246

271

217 272 226 243 203

15 days

or more

Total

330 299

334

257 312 280 292 239

Unconditional penalty cells in 2024, adults

Jan. Feb. Mar. Apr. May Jun. Jul. Aug.

1-14 days 189 159

192

214 198 224 203 158

15 days

or more

Total

199 165

203

223 203 235 211 165

Sep. Oct.

156 133

164

135

Nov.

144

153

Dec. Total

145 2,524

153

424

2,948

Sep. Oct.

198 207

204

211

Nov.

156

161

Dec. Total

169 2,267

175

2,355

Source:

Data was extracted from the Danish Prison and Probation Service’s Client Management System on January

28, 2025, and the tables shown reflect the condition of the data at that time. Data regarding 2024 are preliminary.

Table 5. Unconditional penalty cells, prisons, juveniles

Unconditional penalty cells in 2023-2024, juveniles

1-3 days

4-7 days

Total

2023

2024

Source:

Data was extracted from the Danish Prison and Probation Service’s Client Management System on January

29, 2025, and the tables shown reflect the condition of the data at that time. Data regarding 2024 are preliminary.

Table 6. Placements in observation cell by year, Enner Mark Prison

Number of ended

placements in observation cells

2020

2021

Enner Mark Prison

120

140

2022

154

2023

193

2024

188

Source:

Data was extracted from the Danish Prison and Probation Service’s Management Information System (LIS)

on March 20, 2025. The information in LIS is based on manual registrations in The Danish Prison and Probation

Service’s Client Management System and reflect

the registrations that were made at the time data were extracted and

transferred to LIS. Reservations are made for registration errors and deficiencies that may have occurred when data

was transferred to LIS. Data regarding 2024 are preliminary.

Side 98/100

Table 7. Placements in observation cell, duration

Number of

ended place-

ments in ob-

servations

cells

1.150

1.037

1.076

994

937

Number of ended place-

ments in observation cells

2020

2021

2022

2023

2024

Until 6

hours

671

603

695

617

598

6-12

hours

162

131

133

130

121

12-24

hours

216

228

190

186

171

1-3 days

3 days

and over

Source:

Data was extracted from the Danish Prison and Probation Service’s Management Information System (LIS)

on March 21, 2025. The information in LIS is based on manual registrations in The Danish Prison and Probation

Service’s Client Management System and reflect

the registrations that were made at the time data were extracted and

transferred to LIS. Reservations are made for registration errors and deficiencies that may have occurred when data

was transferred to LIS. Data regarding 2024 are preliminary.

Table 8. Mechanical restraint in security cell by facility type

Number of mechanical restraint in security cells

Type of facility

Reason

Closed prisons

Prevent imminent violence or

overcome violent resistance

Prevent suicide or self-harm

Open prisons

Prevent imminent violence or

overcome violent resistance

Prevent suicide or self-harm

Copenhagen remand prisons

Prevent imminent violence or

overcome violent resistance

Prevent suicide or self-harm

Remand prisons

Prevent imminent violence or

overcome violent resistance

Prevent suicide or self-harm

Total

2023

167

2024

155

Source:

Data was extracted from the Danish Prison and Probation Service’s Management Information System (LIS)

on January 29, 2025. The information in LIS is based on manual registrations in The Danish Prison and Probation

Service’s Client Management System and reflect

the registrations that were made at the time data were extracted and

transferred to LIS. Reservations are made for registration errors and deficiencies that may have occurred when data

was transferred to LIS. Data regarding 2024 are preliminary.

Table 9. Mechanical restraint in security cell by gender

Side 99/100

Number of fixations in security cell

Men

Women

Total

2023

154

167

2024

144

155

Source:

Data was extracted from the Danish Prison and Probation Service’s Management Information System (LIS)

on January 29, 2025. The information in LIS is based on manual registrations in The Danish Prison and Probation

Service’s Client Management System and reflect

the registrations that were made at the time data were extracted and

transferred to LIS. Reservations are made for registration errors and deficiencies that may have occurred when data

was transferred to LIS. Data regarding 2024 are preliminary.

Side 100/100