Regeringens svar til Den Europæiske Komité til Forebyggelse af Tortur og Umenneskelig eller Nedværdigende Behandling eller Straf (CPT)

Response of the Danish Government to paragraph 117 in the report of the Council of Europe’s
Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment (CPT) on its visit to Denmark from 3 to 12 April 2019.
Paragraph 117 in CPT’s report
CPT’s comment and request concerning paragraph 117:
- The CPT calls upon the Danish authorities to ensure that all persons detained under aliens’
legislation are afforded material conditions appropriate to their legal situation in centres
specifically designed for that purpose. These centres should be maintained in a decent state of
repair, clean and adequately furnished, including with benches/chairs, tables and
shelves/cupboards. Each person should also have access to lockable space for personal
belongings.
- A major refurbishment programme is required at both of the establishments visited, failing which
they should be taken out of service and replaced by facilities that correspond to these criteria. The
CPT would like to be informed, within three months, of the intentions of the Danish authorities
in this regard.
1. General remarks
The Danish Government would like to thank the Council of Europe’s Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment (CPT) for the comments and
recommendations concerning the Ellebæk Centre for Foreigners and Nykøbing Falster Holding Center.
Please be assured that the Danish Government is continuously striving to ensure that no foreign
nationals deprived of their liberty by Danish authorities are treated in a way that may be characterised
as torture or inhuman or degrading treatment or punishment, cf. Article 3 of the Convention for the
Protection of Human Rights and Fundamental Freedoms.
In this respect the Government thoroughly examines the recommendations of inter alia the CPT for
the purpose of continuously focusing on securing that the conditions are appropriate for foreign
nationals in administrative detention.
The Danish Government is of the opinion that foreign nationals, who are staying in Denmark illegally,
are obligated to leave the country as soon as possible. As a result, the return efforts are highly
prioritised by the Danish government.
Administrative detention is a last resort in these efforts, but nonetheless a necessary measure. Several
foreign nationals are staying in Denmark illegally and refuse to cooperate with the Danish authorities
on their return or on participating in the processing of their asylum case etc.
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The purpose of an administrative detention is to motivate the foreign national to cooperate on their
return or their case, hence a detained foreign national can as a general rule bring an administrative
detention to an end by cooperating with the authorities.
At present, the Danish Government has no plans to discontinue to use the Ellebæk Centre for
Foreigners or Nykøbing Falster Holding Center for detention of foreign nationals held under the
Aliens Act. However, the Danish Government acknowledges that persons detained under the Aliens
Act must be offered reasonable conditions appropriate to their legal situation.
In this connection, the Department of Prisons and Probation has informed that as a result of the CPT
Report, representatives of the management of the Prison and Probation Service have inspected the
Ellebæk Centre for Foreigners. In that connection, the management agreed on a short-term basis to
launch a renovation and refurbishment plan for the accommodation units with a view to improving the
current standard of maintenance. It was also agreed to outline a plan to ensure regular maintenance in
future, particularly in respect of toilets, painting of rooms, corridor areas, etc.
2. Ellebæk Centre for Foreigners
The Danish Department of Prison and Probation Service (Direktoratet for Kriminalforsorgen) has
received an opinion from the Prison and Probation Service for Greater Copenhagen, to which the
Ellebæk Centre for Foreigners belongs. The Prison and Probation Service for Greater Copenhagen has
provided the following information:
2.1 Maintenance and renovation
The Ellebæk Centre for Foreigners has provided the information that minor maintenance projects are
continuously being carried out. However, the centre experiences rapid deterioration of the standard of
maintenance as a consequence of the large turnover of detainees (with short stays) who commit
substantial vandalism at the centre in the form of graffiti on the walls, pulling out and short-circuiting
of sockets, vandalism of sanitary installations, furniture and equipment and destruction of TV screens.
For several years, the Ellebæk Centre for Foreigners has been planning extensive refurbishment of the
centre’s accommodation units. However, due to a high occupancy level at the centre and at other
institutions under the Prison and Probation Service, it has not yet been possible to make internal or
external transfers of the detainees in order to vacate the accommodation units in such a way as to allow
for the refurbishment. So far, and as long as the occupancy level places an obstacle to the
refurbishment, the Prison and Probation Service has planned to carry out the maintenance work in
connection with an extension of Ellebæk at the end of the first quarter of 2020. Due to a re-tender of
the extension, which is now expected to be ready for use by the end of 2020, the Ellebæk Centre for
Foreigners is currently looking into the possibility of carrying out the refurbishment of the men’s
accommodation units in small stages. At the same time, the plan is to replace the furniture and
equipment of the centre to the extent necessary, and the possibility of refurbishing the toilets of the
centre is being examined.
The Ellebæk Centre for Foreigners is currently installing small, secured outdoor facilities that are
expected to be ready for use in the spring of 2020 to give the detainees free access to open air during
the day without having to await the scheduled outdoor exercise.
2.2 Furniture and equipment, including lockable wardrobes
In the men’s units, the centre currently holds 56 wardrobes and 35 safety deposit boxes for personal
effects which can be used by the detainees. The wardrobes are non-lockable, but the safety deposit
boxes can be locked with a code chosen by the detainees. In the women’s unit, each detainee has a
wardrobe which is non-lockable.
The Ellebæk Centre for Foreigners has bought new furniture and equipment in the form of beds,
lockable wardrobes and safety deposit boxes so that all furniture in the men’s accommodation rooms
will be replaced in connection with the thorough refurbishment of the units. In connection with the
replacement of the men’s furniture and equipment, every detainee will receive a personal, lockable
wardrobe and a personal lockable safety deposit box. The women’s unit is not comprised by the
refurbishment plan as it is in much better repair than the men’s unit due to the refurbishment in 2013.
Furthermore, the women do not vandalise the unit to the same extent as the men. The centre has
purchased lockable safety boxes, which have been installed in the women's unit.
2.3 Cleaning
In the centre toilets quickly become dirty or are subjected to vandalism, which further reduces the
standard. The detainees are responsible for cleaning their own rooms. Cleaning materials are made
available by the centre. Selected detainees are assigned tasks such as cleaning, so-called “corridor men”,
and are responsible for cleaning the corridor areas and the toilets of the unit. The detainees in question
receive a reward (pay) for carrying out these tasks.
3. Nykøbing Falster Holding Centre
The Department of the Prison and Probation Service has obtained an opinion from the Prison and
Probation Service for Zealand, to which the Nykøbing Falster Holding Centre belongs. We have been
informed of the following:
3.1 Maintenance and renovation
In the summer of 2019, all accommodation rooms (cells) were painted. The entire outdoor exercise
yard was refurbished: walls were painted in bright colours, garden beds were weeded and plants were
planted. The garden beds continue to be maintained and are clean and tidy.
In 2020, the bathrooms will be refurbished, a process that has already been initiated. Shower room
benches will be replaced and there will be additional focus on decalcification and cleaning of toilets and
bathrooms. The mould on the shower room benches mentioned (see paragraph 116) is not something
we are familiar with and there is certainly no mould at present.
The electrical wiring will be checked and any defects will be remedied. The electrical socket and
unprotected wire mentioned (see paragraph 116) have already been inspected and repaired by an
electrician.
3.2 Furniture and equipment, including lockable wardrobes
There is a non-lockable wardrobe in each detainee’s room (cell). In addition, each detainee has access to
a lockable wardrobe for storage of valuables. The wardrobes are placed outside the accommodation
units, but the detainees are assisted by staff when they wish to access their wardrobes. The wardrobes
are equipped with master keys and, in consequence, only staff can lock and unlock the wardrobes.
3.3 Cleaning
Each detainee is responsible for the day-to-day cleaning of his or her own room. The cleaning of
communal rooms as well as bathrooms and toilets is carried out by a cleaning firm. The same cleaning
firm is responsible for thorough cleaning of communal rooms after detainees vacate them and before
the arrival of new detainees.
As mentioned above under “Maintenance and renovation”, additional attention will be given to
decalcification and cleaning of toilets and bathrooms.
4) Final remarks
The Department of the Prison and Probation Service refers to the information provided by the
institutions of the Prison and Probation Service, and the department agrees that there is a maintenance
backlog – especially at the Ellebæk Centre for Foreigners. Despite the above-mentioned challenges of
rapid wear and tear, vandalism etc., the Prison and Probation Service strives to maintain a reasonable
standard of maintenance across the institutions and, in addition to the above measures, will examine
more closely how it can ensure that this is obtained.


Slotsholmsgade 10
1216 København K.
T +45 7226 8400
F +45 3393 3510
www.justitsministeriet.dk
jm@jm.dk
Vedlagt fremsendes til delegationen til Europarådets Parlamentariske For-
samlings orientering den danske regerings svar til Den Europæiske Komité
til Forebyggelse af Tortur og Umenneskelig eller Nedværdigende Behand-
ling eller Straf (CPT) vedr. anbefaling nr. 117 i CPT’s rapport af 7. januar
2020 om forholdene for frihedsberøvede personer.
Regeringens svar er blevet oversendt til CPT den 28. februar 2020.
Nick Hækkerup
/
Katrine Busch
Folketinget
Delegationen til Europarådets Parlamentariske Forsamling
Christiansborg
1240 København K
DK Danmark
Dato: 28. februar 2020
Kontor: Straffuldbyrdelseskonto-
ret
Sagsbeh: Katrine Busch
Sagsnr.: 2019-0092-1356
Dok.: 1413817
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