During the visit, the CPT delegation examined the treatment and safeguards afforded to persons deprived of their liberty by the police. It also looked into the treatment and conditions of detention of prisoners, foreign nationals detained pursuant to aliens’ legislation, and psychiatric patients.

Most of the persons interviewed, who were being or had recently been held in police custody, 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, both at the time of arrest and during the subsequent transfer in a police vehicle. The report notes positively the increased recourse to electronic recording of police interviews.

The majority of the detained foreign nationals interviewed by the delegation at Ellebæk Centre for Foreigners stated that they were being treated correctly by staff. The centre’s material conditions had considerably improved since the CPT visit in 2019. However, it is a matter of serious concern that the centre remained prison-like. This was manifest, inter alia by the presence of barred windows, barred, gated partitions between the units, the application of prison rules (including the total prohibition of mobile phones) and the fact that the establishment was staffed by custodial prison officers carrying handcuffs and pepper spray. Such conditions are unacceptable given that the foreign nationals detained at Ellebæk Centre are neither criminal suspects nor serving a prison sentence.

The Committee reiterates that immigration detention is a form of administrative detention, and should be clearly distinguished from imprisonment as a punishment for a criminal offence. Therefore, any impression of a carceral environment should, as far as possible, be avoided. The emphasis should be on minimum internal security regulations and the promotion of normality. The Danish authorities should take the necessary steps to eliminate all prison-like features at Ellebæk Centre.

As regards the situation in prisons, the report notes positively that the delegation did not receive any allegations of deliberate ill-treatment by staff in the penitentiary 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.

Regarding disciplinary solitary confinement, the Committee reiterates that this should never be imposed for more than 14 days. It should be abolished for minors. The report further comments on several other issues such as prisoners’ possibilities to remain in contact with the outside world and the use of “observation” and “security” cells and reiterates its recommendation to end the mechanical restraint (fixation) of prisoners for security reasons.

With regard to persons placed involuntarily at psychiatric hospitals, the report commends hospital staff’s professional and caring attitude towards the patients. It underlines that Aarhus University Hospital, with its excellent material conditions and wide range of therapeutic activities, clearly provides a beneficial environment for patients, including in its Forensic Department.

However, the high frequency and long duration of fixation of psychiatric patients (adults and occasionally juveniles), remain a major concern for the CPT. The report notes positively several restraint prevention practices observed at the hospitals visited and acknowledges the efforts made by the Danish authorities to reduce recourse to means of restraint and notably to fixation; these efforts must continue. The Committee is also critical of the increased presence of police officers at the hospitals visited and recommends improving the legal safeguards for involuntary patients.

The report is published under the automatic publication procedure, in accordance with the agreement with the Danish authorities.