CAT/C/32/D/202/2002
Page 3
The facts as presented:
2.1 On 29 April 1998, the complainant was arrested in her home in North Western
Zealand and charged with smuggling cigarettes, under Section 289 of the Danish
Criminal Code, and Section 73(3), subsection (2), of the Danish Customs Act. She
was later also indicted with the “attempted participation” in agreeing to “receive and
distribute” hash, under Sections 191(2), subsection (1), and Section21 of the Criminal
Code.
2.2 On 30 April 1998, the complainant was brought before a judge of the District
Court of Kalundborg. Pursuant to a request by the Chief Constable, the Court ordered
the complainants detention and solitary confinement, pursuant to Section 762(1)(iii)
and 770 a) of the Administration of Justice Act (hereinafter “the Act”). The Court
considered that she should be held in solitary confinement, as there were reasonable
grounds to suspect that she was guilty as charged and would attempt to obstruct the
investigation by contacting others involved. The pre-trial detention period was set to
expire on 26 May 1998, and the solitary confinement period on 12 May 1998. On 4
May 1998, the High Court of Eastern Denmark upheld the order on the grounds stated
by the District Court.
2.3 On 11 May 1998, the District Court considered whether to continue the
complainant’s solitary confinement. Counsel submitted that the measure was
disproportionately hard, as the complainant had three children — twins of 3 years and
a child of 7. The District Court ordered her continued detention in solitary
confinement until 26 May 1998, as the grounds for such confinement continued to
apply. On 13 May 1998, the High Court upheld the order on the grounds stated by the
District Court.
2.4 On 26 May 1998, the District Court considered whether to prolong pre-trial
detention and solitary confinement. Counsel objected to continued detention, as “the
detainee’s personal health has deteriorated substantially during her pre-trial detention
from 30 April 1998 until now, which is confirmed by the detainee’s condition and the
two medical records. The District Court ordered that she remain in solitary
confinement until 23 June 1998, “on the grounds of the complexity of the case, and as