COMMITTEE AGAINST TORTURE COMPLETES CONSIDERATION OF DENMARK REPORT
Press Release
HR/4228
COMMITTEE AGAINST TORTURE COMPLETES CONSIDERATION OF DENMARK REPORT
19951117 GENEVA, 14 November (UN Information Service) -- The Danish educational system had already integrated the teaching of human rights, and it did not need special education on torture, that country's delegation told the Committee against Torture this afternoon. The delegation was responding to questions posed this morning by Committee members on how Denmark was giving effect to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.Johan Reimann, Deputy Permanent Under-Secretary of State in the Danish Ministry of Justice, affirmed that the Ombudsman played a large role in hearing complaints brought to its attention by any victims of moral or corporal ill-treatment. It also had the right to inspect prisons for any alleged mistreatment of prisoners.
Use of a "fixed leg-lock" at police stations was permanently forbidden, according to the Danish delegation which stated that in certain cases, however, manual holding could be exercised. Cases of ill-treatment and solitary confinement were brought to the attention of the Committee members, who urged the Danish Government to investigate the matter and undertake appropriate measures.
Response by Denmark
Mr. REIMANN (Denmark), responding to questions posed by the experts, said Denmark had a dual system of law based on the rules of interpretation and assumption. Any international law had its interpretation within the national legislation; thus, there was no question of prevalence of international law over national legislation or vice-versa. In some cases, the Penal Code, particularly article 8, had to be changed to give it the status of universality in its interpretation.
He highlighted the varied functions of the Ombudsman concerning complaints of abuse of rights by persons who alleged to be victims. The Ombudsman could receive and react to such complaints if they were found to be admissible. Also, the Ombudsman had an inspection role in which prisons could be checked as a preventive measure against torture. In practice, no incidents of torture had so far been found in Danish prisons. The European
Convention for the Prevention of Torture had also established a systematic control to keep such incidents from happening, he said.
With regard to ill-treatment by police, he said a person could complain against any such acts, even against the use of bad words. A person who alleged that he had been subjected to torture had the right to complain and to have his case examined by the courts. Victims of torture were entitled to appropriate compensation.
Furthermore, the number of persons detained in 1994 was 6,127 while their average detention period stood at 48 days. During the same year, 1,295 individuals were kept in solitary confinement for a period varying from one day to more than 28 days. Although the number of detainees remained constant from year to year, the number of serious penal offenses showed an increase, he noted.
Remarks by Committee Members
In their preliminary concluding remarks, Committee members applauded Denmark's exemplary contributions to the establishment of the Rehabilitation and Research Centre for the victims of torture. However, the Committee expressed concern about the allegations received from some non-governmental organizations regarding torture and ill-treatment, solitary confinement and "fixed leg-locks" said to be practised in some places of detention, in particular in some police stations.
It was the view of the Committee that Denmark should take strong measures to bring to an end the ill-treatment and solitary confinement, which were reported to have occurred in some police stations. It also recommended that the Government provide the Committee with data concerning the number of investigations undertaken in that respect.
Denmark was urged to enact laws in conformity with article 1 of the Convention, which called for a definition of torture for implementation in its internal jurisdiction.
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