Solitary confinement on remand continues
01 January 2003
The extensive use of solitary confinement during pre-trial detention in Denmark has over the last 20 years been criticised from many perspectives, national and international. The practice has been described as cruel and inhuman and even as torture, as well as a infringement of civil liberties and human rights. Amnesty International (in 1983), the Committee for the Prevention of Torture (CPT) in 1990, 1996 and 2002 and the CAT (Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) in 1997 and 2002 have in their reports recommended the improvement of conditions for remand prisoners, either by restricting or stopping the use of solitary confinement. The most recent CPT report (2002) says that: "it would be desirable for the Administration of Justice Act to include a maximum limit for the duration of solitary confinement of remand prisoners by court order."
The criticisms led to changes in the Administration of Justice Act in 1978, 1984 and most recently in June 2000. Each of these amendments has seen a move towards the more restrictive use of solitary confinement, while the total number of prisoners held in isolation has decreased. In July 2002 4.9% of pre-trial detainees were held in solitary confinement, but at the biggest Danish remand centre in Copenhagen it was closer to 9% (down from 20% in 2001). The most recent amendment (2000) does reflect an understanding of the well documented damaging consequences of solitary confinement, particularly long-term confinement. The law sets a maximum term of confinement of three months "in principle". However, the same law allows the possibility of dispensating a maximum with no upper limit. It is still possible - despite the criticisms - to place minors (under 18 years of age) in solitary confinement for up to eight weeks.
In 2001, after the amendment of 2000, 375 out of 553 "finished isolations" had been held in solitary confinement for less than 28 days, 57 between 29 and 42 days, 42 between 43 and 56 days, 71 between 57 days and three months. Eight prisoners were held in isolation more than three months. These numbers need to be related to the findings in a large-scale research programme initiated by the government and published in 1994 and 1997. The researchers concluded that 28% of the isolated had psycho-pathological symptoms, compared with 15% in the non-isolated group. Of those isolated for longer than two months, 43% received a psychiatric diagnosis. The risk of being transferred to a psychiatric hospital after two weeks in isolation was five times greater for the isolated compared to the non-isolated. By the fortieth day this risk was 50 times higher for the isolated.
This "dark underbelly" of the Danish justice system will be continuously monitored and critically followed by national and international organisations and groups.