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| Doc-ID : |
p-dnk-20020182-en |
| Document Date : |
14/08/2002 |
| Publication Date : |
25/09/2002 |
| Publication Reference : |
CPT/Inf (2002) 18 |
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| State : |
DENMARK |
| Visit Start Date : |
28/01/2002 |
| Visit End Date : |
04/02/2002 |
| Visit Type : |
Periodic |
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| Section-ID : |
p-dnk-20020182-en-040 |
| Keywords : |
RECAPITULATION AND CONCLUSIONS |
| Places : |
PRISONS ; DETENTION CENTRES FOR FOREIGNERS |
| Persons : |
PRISONERS ; FOREIGNERS: IMMIGRATION DETAINEES |
III RECAPITULATION AND CONCLUSIONS
109. The
use of restrictions (e.g. supervised visits, withholding or
monitoring of correspondence, prohibition of telephone calls)
vis-à-vis remand prisoners continued to be widespread and to lie
within the sole discretion of the police, who had received no
instructions on the circumstances under which such restrictions can
be applied. In the absence of appropriate procedural safeguards,
there is still no guarantee that a proper balance is being struck
between the legitimate requirements of the criminal investigation
and the imposition of restrictions.
The
CPT has called upon the Danish authorities to ensure that the police
are given detailed instructions as regards recourse to prohibitions/restrictions
concerning prisoners’ correspondence and visits, and that there is
an obligation to state the reasons in writing for any such measure.
Further, in the context of each periodic review by a court of the
necessity to continue remand in custody, the question of the
necessity for the police to continue to impose particular
restrictions should be considered as a separate issue.
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