Country

Denmark

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Criminal Enforcement Act No. 1491 of 13 December 2017 (Straffuldbyrdelsesloven nr. 1491 af 13. December 2017)There are five types of solitary confinement: (1) exclusion from association for preventive security or order reasons, (2) voluntary exclusion from association, (3) solitary confinement in a security cell, (4) solitary exclusion as a disciplinary sanction, and (5) court ordered solitary confinement during pre-trial detention. There are not fixed time limits on the use of security cell in general, but the duration shall be as short as possible. The maximum duration for isolation as a disciplinary measure is four weeks.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2017The NPM visited the prison facility ‘Nyborg Fængsel’ and recommended that the management of the facility should consider reviewing the 14 reports on the use of security cells which ‘Nyborg Fængsel’ has submitted to the Parliamentary Ombudsman, and should explain to the Ombudsman what this review gives rise to. Report details
2018In 2018 NPM had a visit focus on exclusion from association. In this regard, the NPM visited four closed prisons, four open and nine remand facilities. The NPM generally recommended that 1) prisons and custody facilities increase focus on exact and comprehensive documentation in reports and weekly notes on exclusion from association as well as ensures ongoing quality control. 2) To prisons, custodies and the Directorate of The Danish Prison and Probation Service monitors the development in the use of forced and voluntary exclusion from the association and analyses reasons for the development. Report details
2023The NPM recommended, among others, that the management of the facility should consider the following, ’[t]he management ensures an ongoing focus on the development in the number of inmates in [solitary confinement] and the duration of solitary confinement, as well as the underlying reasons for it’ and ‘[t]he management, in the way it deems relevant, ensures that healthcare staff are notified when an inmate is placed in solitary confinement’. Report details