The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has published its report on Denmark, based on a visit carried out from 23 May to 3 June 2024.
Regarding persons held in police custody, while most of the persons interviewed by the Committee stated that they had been treated correctly by the police, a few complaints were received of excessive use of force during apprehension and of too tight handcuffing behind the back. The report notes positively the increased use of electronic recording of police interviews.
The material conditions of detention had considerably improved at Ellebæk Centre since the 2019 visit, and the majority of the detained foreign nationals stated that they were being treated correctly by staff. However, despite repeated criticism by the CPT and other international and national stakeholders, the environment remained prison-like. This was demonstrated inter alia by the presence of barred windows, barred gated partitions between the units and the fact that the establishment was staffed by custodial prison officers carrying handcuffs and pepper spray. Urgent action should be taken to change this situation given that the foreign nationals detained at Ellebæk Centre were neither criminal suspects nor serving a prison sentence. Therefore, any impression of a carceral environment should, as far as possible, be avoided.
As regards the situation in prisons, the CPT delegation did not receive any allegations of deliberate ill-treatment by staff in the establishments visited. However, overcrowding continues to be a major problem. The Committee calls upon the Danish authorities to develop a comprehensive strategy to ensure that all prisons operate within their official capacities. This must include increased resort to a range of alternatives to imprisonment, for instance electronic monitoring and community sanctions. The report further outlines the Committee's concerns about the Danish authorities' plan to operate a prison in Gjilan (Kosovo*).
The CPT notes positively the material conditions at Enner Mark Prison, which should serve as a reference for the whole prison system. The most problematic issue observed was the absence of in-cell toilets in most of the cells at Nyborg, Copenhagen Police Square and Western Prison. Many prisoners complained of long delays in access to communal toilet facilities. This matter must be addressed without delay.
The report also praises the regime offered at Enner Mark Prison, where most prisoners could work, associate and engage in other activities. However, some segregated and high security prisoners as well as remand prisoners at Nyborg and Western Prison had to spend between 21 and 23 hours per day inside their cells, often for months on end and sometimes even years. This draconian regime must change.
