1. The Committee considered the fifth periodic report of
Denmark, including Greenland, (CAT/C/81/Add.2 and CAT/C/81/Add.2,
Part II) at its 757th and 760th meetings, held on 2 and 3
May 2007 (CAT/C/SR.757 and CAT/C/SR.760), and adopted, at
its 773rd meeting on 14 May 2007 (CAT/C/SR.773), the
following conclusions and recommendations.
A. Introduction
2. The Committee welcomes the submission of the State
party’s fifth periodic report which was submitted on time
and follows the Committee’s guidelines for reporting. The
Committee welcomes information provided on the measures
taken to follow-up to the Committee’s previous
recommendations as well as on Greenland’s judicial system
and its reform in the second part of the State party’s
report (CAT/C/81/Add.2, Part II). The Committee also
welcomes the State party’s thorough written replies to the
list of issues (CAT/C/DNK/Q/5/Rev.1), which provided
additional information on the legislative, administrative,
judicial and other measures taken by the State party in
order to prevent acts of torture and other cruel, inhuman or
degrading treatment or punishment.
3. The Committee notes with satisfaction the constructive
efforts made by the multi-sectoral delegation of the State
party to provide additional information and explanation
during the dialogue.
B. Positive aspects
4. The Committee welcomes the State party’s ongoing efforts
to improve conditions in prisons, including the additional
resources allocated to administer the daily occupancy rates
in the prisons. In particular, the Committee welcomes the
State party’s efforts to introduce alternative measures to
custodial ones, such as the use of electronic monitoring, so
called “tagging”.
5. With regard to traumatized refugees and their families
residing in Denmark, the Committee notes with appreciation
funds allocated to special projects, which are set to run
until 2010, to facilitate their rehabilitation and improve
their living conditions.
6. The Committee also notes with appreciation the State
party’s decision to allocate additional funds to improve the
living conditions in asylum centres, in particular the
living conditions of families with children.
7. The Committee welcomes the State party’s cooperation with
non-governmental organizations engaged in eradicating
torture and providing assistance and rehabilitation to
victims of torture in Denmark and internationally.
8. The Committee commends the State party for its global
efforts to promote respect for human rights, in particular
to combat and eradicate torture, such as:
(a) Being one of the world’s largest bilateral donors in
terms of development assistance per capita, and in this
context developing a national framework for bilateral
cooperation against torture;
(b) Contributing to United Nations agencies, programmes and
funds, including the UN Voluntary Fund for the Victims of
Torture;
(c) Promoting the universal ratification of the Optional
Protocol to the Convention, including the State party’s
early ratification of the Optional Protocol in 2004, and
supporting its implementation;
(d) Presenting a resolution against torture in (the Third
Committee of) the United Nations as well as before the
former United Nations Commission on Human Rights and taking
initiatives to structure and strengthen the newly
established Human Rights Council’s action against torture;
and
(e) Playing an active role in the implementation of the
Guidelines for the European Union policy towards third
countries on torture and other cruel, inhuman or degrading
treatment or punishment.
C. Principal subjects of concern and recommendations
Incorporation of the Convention
9. The Committee regrets that the State party has not
changed its position with regard to the incorporation of the
Convention into Danish law. The Committee is of the view
that the incorporation of the Convention into Danish law
would not only be of a symbolic nature but that it would
strengthen the protection of persons allowing them to invoke
the provisions of the Convention directly before the courts.
The Committee recommends that the State party
incorporate the Convention into Danish law in order to allow
persons to invoke it directly in courts, to give prominence
to the Convention as well as to raise awareness of its
provisions among members of the judiciary and the public at
large.
Definition of torture
10. The Committee notes that the Ministry of Justice has
recently requested the Standing Committee on Criminal
Matters to consider the possibility of inserting a special
provision on torture in the Criminal Code. Notwithstanding
the State party’s ongoing efforts to review this issue and
the existing provisions of the Criminal Code, the Committee
reiterates the concern expressed in its previous conclusions
and recommendations (CAT/C/CR/28/1) with regard to the
absence of a specific offence of torture, consistent with
articles 1 and 4, paragraph 2, of the Convention. While
noting the introduction of a Defence Command Directive on
the prohibition of torture and other cruel, inhumane or
degrading treatment or punishment in the Armed Forces, the
Committee regrets the State party’s decision to exclude a
special provision of torture from the new Military Criminal
Code. (articles 1 and 4)
The Committee calls upon the State party to enact a
specific offence of torture, as defined in article 1 of the
Convention, in its Criminal Code as well as in the Military
Criminal Code making it a punishable offence as set out in
article 4, paragraph 2, of the Convention.
Statute of limitations
11. The Committee notes with concern that the offence of
torture, which as such does not exist in the Danish Criminal
Code, is punishable under other provisions of the Criminal
Code, and is, therefore, subject to the statute of
limitations. While noting that acts of torture that amount
to a war crime or a crime against humanity according to the
Rome Statute of the International Criminal Court, ratified
by the State party on 21 June 2001, will not be subject to
any statute of limitations due to section 93a of the
Criminal Code, the Committee is concerned that the statute
of limitations applicable to those other provisions of the
Criminal Code may prevent investigation, prosecution and
punishment of these grave crimes, in particular when the
punishable act has been committed abroad. Taking into
account the grave nature of acts of torture, the Committee
is of the view that acts of torture cannot be subject to any
statute of limitations. (articles 1 and 4)
The State Party should review its rules and
provisions on the statute of limitations and bring them
fully in line with its obligations under the Convention so
that acts of torture as well as attempts to commit torture
and acts by any person which constitute complicity or
participation in torture, can be investigated, prosecuted
and punished without time limitations.
Non-refoulement
12. The Committee takes note of the information
received that the Danish Special Forces captured 34 men and
handed them over to allied forces during a joint military
operation in Afghanistan in February-March 2002, in
circumstances where allegations later emerged of
ill-treatment while the men were in allied forces’ custody.
The Committee also notes the State party’s assurance that it
undertook a full investigation of the incident reaching the
conclusion that it did not violate article 12 of the Third
Geneva Convention by handing over the detainees. Finally,
the Committee takes note of the State party’s assurances
that all detainees were released shortly after their
transfer to allied forces’ custody and that none of them
were ill-treated while in the said custody.
13. The Committee recalls its constant view (CAT/C/CR/33/3,
paras.4b, 4d, 5e and 5f and CAT/C/USA/CO/2, paras.20 and 21)
that article 3 of the Convention and its obligation of
non-refoulement applies to a State party’s military forces,
wherever situated, where they exercise effective control
over an individual. This remains so even if the State
party's forces are subject to operational command of another
State. Accordingly, transfer of a detainee from its custody
to the authority of another State is impermissible when the
transferring State was or should have been aware of a real
risk of torture. (article 3)
With regard to transfer of detainees within a State
party’s effective custody to the custody of any other State,
the State party should ensure that it complies fully with
article 3 of the Convention in all circumstances.
Solitary confinement
14. The Committee notes with appreciation that the upper
limit for solitary confinement of persons under the age of
18 years is reduced from eight weeks to four weeks. Despite
the amendments of the Administration of Justice Act to limit
the use of solitary confinement in general and in particular
with respect to persons under the age of 18 years, the
Committee remains concerned at the placement of persons in
prolonged solitary confinement during pre-trial detention.
It notes with particular concern that persons, including
persons below the age of 18 years, suspected of offences
against the independence and security of the State (chapter
12 of the Criminal Code) or against the Constitution and the
supreme authorities of the state (chapter 13 of the Criminal
Code) may be held indefinitely in solitary confinement
during their pre-trial detention. However, the Committee
notes that there is a judicial review mechanism in place to
review the need to continue the solitary confinement. (article
11)
The State party should continue to monitor the
effects of solitary confinement on detainees and the effects
of the 2000 and 2006 amendments to the Administration of
Justice Act which have reduced the number of grounds that
may give rise to solitary confinement and its duration. The
State party should limit the use of solitary confinement as
a measure of last resort, for as short a time as possible
under strict supervision and with a possibility of judicial
review. Solitary confinement of persons below the age of 18
years should be limited to very exceptional cases. The State
party should aim at its eventual abolition (CRC/C/DNK/CO/3,
paras.58-59).
With regard to persons suspected of offences against the
independence and security of the State (chapter 12 of the
Criminal Code) or against the Constitution and the supreme
authorities of the state (chapter 13 of the Criminal Code)
who may be held indefinitely in solitary confinement during
their pre-trial detention, the State party should ensure
respect for the principle of proportionality and establish
strict limits on its use. In addition, the State party
should increase the level of psychological meaningful social
contact for detainees while in solitary confinement.
Prompt and impartial investigations
15. The Committee notes that the State party has
responded to the criticism raised by the case of the death
in police custody of Jens Arne Ørskov in June 2002, and
other individual cases, by setting up a broad-based
committee to review and evaluate the current system for
handling complaints against the police and processing
criminal cases against police officers. Nevertheless, the
Committee is concerned about allegations of violations
committed by law enforcement officials and, in particular,
that the impartiality of subsequent investigations has been
questioned. (articles 12, 13 and 14)
The State party should ensure that all allegations
of violations committed by law enforcement officials, and in
particular, any deaths in detention, are investigated
promptly, independently and impartially. It should also
ensure the right of victims of police misconduct to obtain
redress and fair and adequate compensation, as provided for
in article 14 of the Convention. The State party should
expedite the ongoing review process and provide the
Committee with detailed information on the results of this
process.
Excessive use of force, including killings, by law
enforcement officials
16. The Committee is concerned at reports emerging of
alleged excessive use of force, such as the use of physical
violence and tear gas, by law enforcement officials during
the “Ungdomshus” Youth House riots in Copenhagen in March
2007. The Committee also notes with concern reports
suggesting that a number of persons had been killed by
Danish law enforcement officials over the past two years. (articles
10, 12, 13, 14 and 16)
The State party should review the existing framework
to handle allegations of excessive use of force, including
the use of weapons, by law enforcement officials to ensure
its compliance with the Convention. The State party should
ensure prompt and impartial investigations into all
complaints or allegations of misconduct, in particular when
a person dies or is seriously injured following contact with
law enforcement officials. In addition, the State party
should review and strengthen its education and training
programmes relating to the use of force, including the use
of weapons, by law enforcement officials in order to ensure
that the use of force is strictly limited to that required
to perform their duties.
Long waiting periods in asylum centres
17. Despite the measures taken to improve the living
conditions and activities in asylum centres, in particular
the conditions for asylum-seeking families with children,
the Committee is concerned about unduly long waiting periods
in asylum centres and the negative psychological effects of
long term waiting and the uncertainty of daily life on
asylum-seekers. (article 16)
The State party, while improving the living
conditions in asylum centres, should take into consideration
the effects of long waiting periods and to provide both
children and adults living in asylum centres with
educational and recreational activities as well as adequate
social and health services.
Reform of Greenland’s judicial system
18. The Committee notes with interest the proposals and
recommendations of the Commission on Greenland’s Judicial
System (Report No. 1442/2004), particularly with regard to
the treatment of remand prisoners and other detainees, the
preparation of pre-sentence reports, the surrender or
presentation to the court of documents or other issues of
importance in relation to the conduct of criminal
proceedings, and the prison structure, and the ongoing
drafting of a new Special Criminal Code and a new Special
Administration of Justice Act for Greenland.
The State party should expedite the ongoing drafting
and adoption of a new Special Criminal Code and a new
Special Administration of Justice Act for Greenland,
ensuring that all provisions of these new acts are in full
conformity with the Convention as well as with other
relevant international standards.
19. The Committee requests the State party to
provide detailed statistical data, disaggregated by crime,
ethnicity, age and sex, on complaints relating to torture
and ill-treatment allegedly committed by law enforcement
officials and on the related investigations, prosecutions,
and penal or disciplinary sanctions. Information is further
requested on any compensation and rehabilitation provided to
the victims.
20. The State party is encouraged to disseminate widely the
reports submitted by Denmark to the Committee and the
conclusions and recommendations, in appropriate languages,
through official websites, the media and non-governmental
organizations.
21. The Committee invites the State party to submit its core
document in accordance with the requirements of the Common
Core Document in the Harmonized Guidelines on Reporting,
recently recommended by the international human rights
treaty-bodies (HRI/MC/2006/3 and Corr.1).
22. The Committee requests the State party to provide,
within one year, information on the measures taken to
implement the Committee’s recommendations contained in
paragraphs 15, 16 and 19.
23. The State party is invited to submit its seventh
periodic report by 30 June 2011.