CAT/C/CR/28/1
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5.
It also notes with satisfaction:
(a)
The adoption of the Amendment to the Act on the Administration of Justice,
which has greatly tightened the controls over the use of solitary confinement, decreasing its use
as well as providing for judicial control over solitary confinement while in remand;
(b)
The circulars of the National Commissioner of Police prescribing, inter alia,
earlier access by family to detainees, mandatory medical examination of all persons placed in a
detention cell, and access to a lawyer and an interpreter without delay;
(c)
The adoption of legislation granting a more protective status to asylum-seekers;
(d)
The efforts made in educational programmes for the police;
(e)
The multidisciplinary treatment of persons living in Denmark who have been
victims of torture;
(f)
The increase in the State party’s contribution to the United Nations Voluntary
Fund for Victims of Torture and the continued support to national rehabilitation centres for
torture victims.
C. Subjects of concern
6.
The Committee is concerned about the following:
(a)
The lack of a definition of torture, as provided in article 1 of the Convention, in
the penal legislation of the State party and the lack of a specific offence of torture punishable by
appropriate penalties, as required by article 4, paragraph 2, of the Convention;
(b)
The lack of effective recourse procedures against decisions imposing solitary
confinement upon persons servicing sentences;
(c)
The proposed amendment to the Alien’s Act which may imply that aliens who
have been refused a residence permit must leave the country immediately after the rejection of
their application. If strictly applied, this will frustrate the effectiveness of article 22 of the
Convention.
D. Recommendations
7.
The Committee recommends that:
(a)
The State party ensure the speedy implementation of the recommendation of the
Ad Hoc Committee with regard to incorporating the Convention into Danish domestic law;
(b)
Denmark establish adequate penal provisions to make torture as defined in
article 1 of the Convention a punishable offence in accordance with article 4, paragraph 2, of the
Convention;