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Council of Europe, Commissioner for Human Rights
Strasbourg, 11 July 2007
CommDH(2007)11
Original version
Memorandum to the Danish Government
Assessment of the progress made
in implementing the 2004 recommendations of
the Council of Europe Commissioner for Human Rights
For the attention of the Committee of Ministers and the
Parliamentary Assembly
".....IV. CRIMINAL JUSTICE, THE POLICE AND THE PRISON SYSTEM ..."
"... Security detention of indeterminate
duration and "medical castration" (anti-hormone therapy)
53. In the 2004 report the Commissioner flagged his concern that a
prison sentence of indeterminate duration as established under the
Danish law ("safe custody" under Article 72 of the Danish Penal Code)
confounded the principle of legal certainty and he considered it of
paramount importance that judicial review of such a sentence is
available at reasonable intervals from the very outset. The
Commissioner was informed that the way decisions of "safe custody"
were handled and reviewed in Denmark indicated great caution and
restraint on behalf of all the authorities involved.
54. The Commissioner was also informed of the use of the so-called "medical
castration" of sex offenders held in safe custody, all of them at
the Herstedvester Prison. Although this treatment was administered
on a voluntary basis, the Commissioner was concerned by the pressure
put on the detainee to accept it, since the treatment
was almost always a precondition for release on parole. The
Commissioner believed it essential that the detainees were able to
make an informed and free decision on the treatment and that its
long-term side-effects were carefully studied.
55. The delegation was informed that at the time of its visit 33
detainees were kept in safe custody. These detainees were very
serious offenders, including sexual offenders, and their
dangerousness was assessed by a panel of experts including
psychiatrists on the basis of which judges decide on whether or not
to order or extend safe custody. Officials met by the delegation
conceded, however, that for a detainee to be imprisoned without any
time limit under the regime of "safe custody" does pose major
problems for his or her mental health and behaviour and, by way of
consequence, for the modalities of the detention itself.
56. Regarding the anti-hormone therapy as a way to put an end to or
to avoid safe custody to sex offenders, a visit to the prison at
Herstedvester gave the delegation a chance to learn about the
results obtained so far in Denmark. These are encouraging: Since the
mid-1990's according to data gathered by the Department of Prisons
and Probation no single case of reoccurrence of sexual crime has
been registered for offenders who were released on parole on
condition to continue the medical castration treatment. As regards
informed consent by the prisoner and the possibility to stop the
treatment, it was underlined by the delegation's interlocutors that
the various safeguards called for by the Commissioner in 2004 are
being scrupulously granted.
57. The Commissioner welcomes the information he received from his
delegation on the good conditions at the Herstedvester prison and on
the encouraging results of anti-hormone therapy when practiced with
numerous, strict safeguards. As concerns safe custody, the
Commissioner reiterates his predecessor's concerns of principle and
the absolute requirement that judicial review of such decision be
carried out at short intervals on the basis of thorough expert
reports and contradictory examination. ...." |