Convention
Abbreviation:
CAT
COMMITTEE AGAINST TORTURE
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE
19 OF THE CONVENTION
Conclusions and recommendations of the Committee against Torture
I. Denmark
171. The Committee considered the third periodic report of Denmark
(CAT/C/34/Add.3) at its 287th and 288th meetings, on 1 May 1997 (CAT/C/SR.287
and 288), and formulated the following conclusions and recommendations.
1. Introduction
172. The Committee thanks the Government of Denmark for its frank
cooperation, demonstrated among other things by its third periodic
report, which was submitted on time. Not only was the report prepared
in accordance with the general guidelines regarding the form and content
of periodic reports to be submitted by States parties under article
19 of the Convention, but it also contained abundant information which
facilitated a constructive dialogue.
173. The Committee also thanks the Danish delegation for its frank
replies to the questions raised by members of the Committee.
2. Positive
aspects
174. The Committee notes with satisfaction the commitment of the Government
of Denmark to the reforms of the judicial system in Greenland.
175. The Committee also considers the State party's efforts to ensure
that the composition of the police corps reflects the diversity of
the population to be another very positive aspect.
176. The Committee views as very important the fact that the subject
of "human rights" appears in the basic training of the police.
177. The Committee can only welcome the fact that the Government grants
subsidies to independent, private organizations involved with the
rehabilitation of torture victims.
3. Factors
and difficulties impeding the application of the provisions
of the Convention
178. The Committee notes the difficulties of Denmark in incorporating
the provisions of the Convention into Danish law, given its commitment
to the "dualist" system.
4. Subjects
of concern
179. The Committee is concerned that there may still be some doubts
as to the legal status of the Convention in domestic law, particularly
with regard to the possibility of invoking the Convention before the
Danish courts and the competence of the courts to apply its provisions
ex officio.
180. The Committee is also concerned that Denmark has still not introduced
the offence of torture into its penal system, including a definition
of torture in conformity with article 1 of the Convention.
181. The Committee is concerned about the institution of solitary
confinement, particularly as a preventive measure during pre-trial
detention, but also as a disciplinary measure, for example, in cases
of repeated refusal to work.
182. The Committee expresses its concern about the methods used by
the Danish police both in their treatment of detainees and during
public demonstrations, for example, the use of dogs for crowd control.
183. The Committee is further concerned about the real degree of independence
of the mechanisms used to deal with detainees' complaints.
5. Recommendations
184. The Committee recommends that the State party consider incorporating
the provisions of the Convention into domestic law, as it has already
done for the European Convention on Human Rights.
185. The Committee reiterates the recommendation it made during consideration
of the first and second periodic reports of Denmark that it should
incorporate into its domestic law provisions on the crime of torture,
in conformity with article 1 of the Convention.
186. Except in exceptional circumstances, inter alia, when
the safety of persons or property is involved, the Committee recommends
that the use of solitary confinement be abolished, particularly during
pre-trial detention, or at least that it should be strictly and specifically
regulated by law (maximum duration, etc.) and that judicial supervision
should be introduced.
187. The Committee recommends that the State party reconsider the
methods used by police in their treatment of detainees or during crowd
control.
188. The Committee recommends that the State party ensure that complaints
of ill-treatment lodged by detainees are handled by independent bodies.
